|
Govt Make Up
Mr Eisenberg |
TEACHER ANSWER KEY
June 11, 2008 |
|
4
1. Base your answer to the following question on the cartoon and on your knowledge of social
studies.
The man holding the sign is objecting to Supreme Court decisions that |
 |
|
| 1. redefined the right to assemble peacefully |
3. expanded the right to bear arms |
| 2. strengthened the separation of church and state |
4. increased the rights of the accused |
|
4 The cartoon shows a man objecting to Supreme Court decisions that increased the rights of the accused.
Escobedo v. Illinois (1964) and Miranda v. Arizona (1966) established that defendants should be advised of their right to
remain silent during questioning by the police, and their right to an attorney, even if they could not afford one. Many people
criticized the decisions because they believed that the police would be hindered in their efforts to catch criminals. The
man in the cartoon questions that criminal defendants are entitled to those rights.
WRONG CHOICES EXPLAINED:
(1),
(2), and (3) The sign carried by the man clearly shows that his concern is about decisions regarding confessions and the right
to legal counsel, not about assembly, separation of church and state, or ownership of weapons. |
|
1
2. In the 1950s and 1960s, the decisions of the United States Supreme Court under Chief
Justice Earl Warren tended to |
|
| 1. expand the rights of individuals |
3. deal harshly with persons accused of crimes |
| 2. reduce government regulation of business |
4. increase the power of state governments |
|
1 The Supreme Court under the leadership of Chief Justice Earl Warren generally supported the rights
of individuals. Warren was Chief Justice from 1953 to 1969. During those years, the Supreme Court ruled in Brown v. Topeka
Board of Education (1954) that racial segregation was unconstitutional, in Gideon v. Wainwright (1963) that poor defendants
have the right to a court-appointed attorney, and in Miranda v. Arizona (1966) that those accused of crimes are protected
against self-incrimination.
WRONG CHOICES EXPLAINED:
(2) There were few significant cases regarding government
regulation of business that came before the Court in the Warren years. (3) The Warren Court generally supported the rights
of the accused against illegal searches and seizures and enforced confessions. The Court required accused persons to be represented
by attorneys and afforded strict adherence to due process. (4) The Warren Court limited the powers of state governments by
using the Fourteenth Amendment of the Constitution to apply the Bill of Rights to the actions of state governments. |
|
1
3. In the 1960s, Supreme Court decisions in the cases Miranda v. Arizona and
Gideon v. Wainwright specifically protected the rights of |
|
| 1. the accused |
3. military veterans |
| 2. women |
4. persons with disabilities |
|
1 Miranda v. Arizona (1966) and Gideon v. Wainwright (1963) protected the
rights of the accused. Miranda's conviction of a crime was reversed when the Supreme Court ruled that his Fifth Amendment
rights had been violated because he had not been advised of his right to remain silent during questioning by the police. Gideon's
criminal conviction was reversed because his Sixth Amendment right to counsel during a trial had been violated. Since these
decisions, police routinely advise those under arrest that they have a right to remain silent, have a right to consult with
an attorney, and that they will be provided with an attorney if they cannot afford to pay one.
WRONG CHOICES EXPLAINED:
(2)
and (4) Women and people with disabilities have the same constitutional rights as other Americans. Various civil rights acts
have been passed to protect women and the disabled against discrimination. The Supreme Court has ruled in a number of cases
that antidiscrimination laws are constitutional.
(3) Military veterans are presumed to have the same rights as all Americans. |
|
4
4. The decisions of the United States Supreme Court in Miranda v. Arizona, Gideon v. Wainwright,
and Escobedo v. Illinois all advanced the |
|
| 1. voting rights of minorities |
3. principle of separation of church and state |
| 2. guarantees of free speech and press |
4. rights of accused persons |
|
4 Three major Supreme Court cases from the 1960s advance the rights of the accused. In Miranda v. Arizona
(1966), the court ruled that defendants must be advised of their constitutional right to remain silent before they may be
questioned by the police. Two years earlier, the Supreme Court had ruled in Escobedo v. Illinois (1964) that defendants had
a right to consult with an attorney before being questioned by the police. In both cases, convictions gained by confessions
were reversed because the defendants' rights under the Fifth, Sixth, and Fourteenth Amendments were violated. The Supreme
Court also ruled in Gideon v. Wainwright (1963) that defendants must be provided a counsel paid for by the state if they cannot
afford to hire one. Gideon had been convicted of a crime in Florida because he had not been provided with counsel. The three
cases formed the basis of what became known as the "Miranda Rights," a statement that police now make to defendants advising
them of their right to remain silent, their right to consult with an attorney, and their right to counsel provided by the
state if they cannot afford one.
WRONG CHOICES EXPLAINED:
(1), (2), and (3) Voting rights of minorities are
guaranteed by the Fourteenth and Fifteenth Amendments. The First Amendment guarantees freedom of the press and speech and
the separation of church and state. These civil rights have been upheld in other cases before the Supreme Court; however,
the cases cited in the question dealt only with rights of criminals or the accused. |
|
4
5. The Articles of Confederation created a |
|
| 1. republic with a chief executive |
3. government with legislative and judicial branches |
| 2. strong central government |
4. league of free and independent states |
|
4 The Articles of Confederation created a league of free and independent states. The Articles of Confederation
came into effect in 1781 as the first government of the United States when it was ratified by the last of the thirteen states.
Article 2 states that "Each state shall retain its sovereignty, freedom, and independence and every power, jurisdiction, and
right which is not by this confederation expressly delegated to the United States in Congress assembled."
WRONG CHOICES
EXPLAINED:
(1) The republic created by the Articles of Confederation lacked a chief executive with the powers to enforce
laws and treaties enacted by the Congress. A President was chosen mostly to preside over the Congress. (2) The Articles of
Confederation created a very weak central government because it was feared that a strong government would threaten the liberties
of the people. (3) The United States under the Articles of Confederation had no judicial branch. The only branch of government
was the legislature, a Congress made up of delegates appointed by the states. |
|
1
6. "The Constitution is as the Supreme Court interprets it."
--President Dwight D. Eisenhower
Which
constitutional principle does this quotation best describe? |
|
| 1. judicial review |
3. federalism |
| 2. reserved powers |
4. concurrent powers |
|
1The quotation describes the constitutional principle of judicial review, established in another significant
Supreme Court decision under the leadership of John Marshall. Marbury v. Madison (1803) established that laws passed by Congress
or actions of the Executive Branch were null and void if they were not authorized by the Constitution, as determined by the
Supreme Court in cases brought before it. The decision expanded the power of the Supreme Court, even though judicial review
was not specifically authorized by the Constitution.
Wrong Choices Explained:
(2) Reserved powers are those powers
retained by the states in accordance with the Ninth and Tenth Amendments to the Constitution. The states exercise those powers
not specifically delegated to Congress by Article 1, Section 8, and to the President by Article 2, Section 2, or powers not
specifically forbidden to the states by Article 1, Section 10.
(3) Federalism means that the United States is a government
of states that retain some powers and responsibilities while a central government exercises other powers and responsibilities.
(4)
Concurrent powers are powers exercised by both the states and the central government. Both states and the federal government
can levy taxes and establish court systems to try those who violate their laws. |
|
2
7. What is a primary role of lobbyists in the political process? |
|
| 1. to draft bills for legislators |
3. to locate citizens willing to run for public office |
| 2. to present the views of special interest groups on proposed legislation |
4. to provide legislators with unbiased information on important issues |
|
2The primary role of lobbyists in the political process is to present the views of special interest groups.
Lobbyists are sometimes called the fourth branch of government because of the major role they play by providing Congress with
information, testifying before congressional committees, making direct appeals to senators and representatives, and contributing
to the political campaigns of those who support their interests.
Wrong Choices Explained:
(1) One of the many
functions of lobbyists is to draft pieces of legislation and then ask supporters in Congress to submit them as their proposals.
However, lobbyists also have many other ways to influence legislation.
(3) As one of their many ways to influence government,
lobbyists may encourage strong supporters to run for political office.
(4) Lobbyists do not provide unbiased information
because they promote a particular point of view; however, they often try to give the impression that their information is
factual and unbiased. |
|
3
8. The Supreme Court has ruled that burning the United States flag is a form of protest
protected by the first amendment. Which action would be necessary to overturn this ruling? |
|
| 1. issue of an Executive order by the President |
3. ratification of an amendment to the Constitution |
| 2. passage of a law by Congress |
4. adoption of a formal resolution by each state's legislature |
|
3The Supreme Court ruled in Street v. New York (1969) that a conviction of a man who burned the American
flag as a political protest was an unconstitutional violation of the right to freedom of expression. The ruling could be overturned
only by an amendment to the Constitution that made it a crime to burn the American flag. A number of political leaders have
proposed such an amendment; however, Congress has not passed a proposed amendment to be sent to the states for ratification.
Wrong
Choices Explained:
(1), (2), and (4) The President by executive order, a law passed by Congress, or resolutions by
states cannot overturn a decision of the Supreme Court because only the Court has the power to interpret the Constitution. |
|
3
9. According to the Declaration of Independence, governments are established to |
|
| 1. protect the nation from invasion |
3. protect the natural rights of citizens |
| 2. provide a system of checks and balances |
4. guarantee voting rights for all citizens |
|
3 According to the Declaration of Independence, governments are established to protect the natural rights
of citizens. The purpose of the Declaration of Independence was to end British rule over the thirteen American colonies and
state the reasons why the colonists wanted to break away from Great Britain. The Declaration states that "all Men are created
equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the
Pursuit of Happiness." The Declaration further affirms that governments are established to protect these rights, and that
if a government fails to do so, then "it is the Right of the People to alter or abolish it." Most of the Declaration of Independence
is a list of specific actions taken by Great Britain that violated the natural rights of the citizens of the American colonies.
WRONG
CHOICES EXPLAINED:
(1) The Constitution of the United States provides for the defense of the nation in the Preamble
and in Article I, Section 8, where Congress is authorized to declare war and raise an army and a navy.
(2) The Constitution
provides a system of checks and balances by granting specific powers to the executive, legislative, and judicial branches
of government to block actions taken by the other two branches. Each branch of government is also limited in the powers it
can exercise.
(4) When the nation was formed, only some free, white males were allowed to vote. Over the years the federal
government has acted to extend the right to vote to more citizens. The Constitution has been amended to guarantee voting rights
to former slaves (Fifteenth Amendment) and women (Nineteenth Amendment). Federal legislation has extended the right to vote
to Native American Indians and has been adopted to end discrimination in voting practices. |
|
3
10. The amendment process was included in the United States Constitution in order to |
|
| 1. remove government officials from political office |
3. allow government to meet the changing needs of society |
| 2. check the power of the Supreme Court |
4. preserve the federal system of government |
|
3 The Constitution does not state why it included an amending process; however, political scientists
generally agree that constitutions should include a procedure for changing the basic law of the land to reflect changing needs
of society and changing values of the people and to correct errors or omissions in the original document. By the end of the
nineteenth century many Americans believed that a Senate made up of senators appointed by state legislatures was undemocratic.
The Seventeenth Amendment provided for the direct election of senators. The Twelfth Amendment was ratified only sixteen years
after the Constitution was ratified because the original document contained provisions about the election of the President
and Vice President that were awkward and didn't work out the way the Founding Fathers intended.
WRONG CHOICES EXPLAINED:
(1)
The original Constitution provides for the removal from office of the President, Vice President, other executive branch officials
and members of the judicial branch upon impeachment and conviction for "treason, bribery, or other high crimes or misdemeanors."
The House of Representatives has the power to impeach, after which the Senate conducts a trial that requires a two-thirds
vote to convict. Each house of Congress has the power to expel its own members by a two-thirds vote.
(2) The primary check
upon the power of the Supreme Court is the authority provided in the original Constitution for the House of Representatives
to impeach and the Senate to convict an errant justice. Any other attempt to reduce the power of the Supreme Court would require
an amendment to the Constitution.
(4) The federal system of government is built into the basic provisions of the Constitution.
The amendment process has been used to make government more democratic and to protect the rights of individuals. One consequence
of the amendment process has been to make the federal government more powerful by limiting the powers of the states, most
specifically by the Fourteenth Amendment. |
|
2
11. Delegates to the Constitutional Convention of 1787 adopted the Great Compromise to settle
differences over |
|
| 1. slavery |
3. interstate trade |
| 2. representation in Congress |
4. taxation |
|
2 Delegates to the Constitutional Convention adopted the Great Compromise to resolve differences over
representation in Congress. New Jersey, supported by other small states, wanted each state to have equal representation, as
in the Congress under the Articles of Confederation. Virginia, supported by other large states, proposed that representation
should be based on population. The delegates from Connecticut proposed what became known as the Great Compromise. Congress
would be a two-chamber legislature with a House of Representatives whose delegations from states would be proportional to
population and a Senate with equal representation from each state.
WRONG CHOICES EXPLAINED:
(1) Slavery was
not mentioned in the Constitution because the delegates to the Constitutional Convention realized that the divisive issue
would ruin any chances for agreement on a proposed Constitution. Indirect references to slavery were made in the three-fifths
compromise over inclusion of slaves in the populations of states for purposes of taxation and representation and in the ban
on legislation to block the slave trade until 1808.
(3) The disruption in trade brought about by states controlling interstate
commerce under the Articles of Confederation led to proposals to revise the Articles or adopt a new Constitution. The delegates
to the Constitutional Convention agreed that the federal government would control interstate commerce while states retained
control over commerce within their boundaries.
(4) Delegates readily agreed that the federal government should have the
right to impose taxes in order to support government operations. They were aware that the government under the Articles of
Confederation was crippled by its dependence on contributions from states to fund its activities. |
|
1
12. A system of checks and balances was included in the United States Constitution because
the authors were concerned about |
|
| 1. one branch of government becoming too strong |
3. the people having a voice in government |
| 2. the states having too much power |
4. the military gaining control of the United States |
|
1 A system of checks and balances was included in the Constitution to prevent any one branch of government
from becoming too powerful. Remembering that the Revolutionary War was fought to free themselves from a tyranny, the Founding
Fathers did not want to create a new one. To that end, the three branches of government--executive, legislative, and judicial--were
granted powers to block the other two branches from becoming tyrannical. The President can veto laws passed by Congress; however,
Congress can override the veto with a two-thirds vote. Congress can impeach members of the judicial and executive branches
who abuse their powers and remove them from office if convicted in a trial. The President, Vice President, and members of
Congress are elected for specific terms and must periodically go back to the voters to remain in office. However, members
of the judiciary have lifetime terms of office to insulate them from political pressures in rendering their decisions.
WRONG
CHOICES EXPLAINED:
(2) The system of checks and balances refers only to the federal government. The powers of the states
are limited in the Constitution by Article I, Section 10, which forbids certain powers to the states, and by Section 8, which
defines the broad powers of the federal government. However, states retained considerable powers to tax, police powers, and
control of intrastate commerce and the health, safety, and welfare of their citizens.
(3) Giving people a voice in government
was part of the grand design of the Constitution to prevent a tyranny. However, the Founding Fathers had enough distrust of
democracy that they gave the people a direct voice only in electing members of the House of Representatives. The President
was to be selected by an electoral college and the members of the Senate by state legislatures.
(4) The military is part
of the executive branch of government. The Constitution provides for civilian control of the military by making the President
commander-in-chief of the armed forces. Congress exerts influence on the armed forces by control of the military budget. |
|
2
13. The Bill of Rights was added to the United States Constitution to |
|
| 1. provide the president with the power to enforce the laws |
3. establish a presidential cabinet |
| 2. protect individuals' civil liberties |
4. guarantee voting privileges to all citizens |
|
2 The Bill of Rights was added to the Constitution to protect individual liberties. In 1788 a number
of states were reluctant to ratify the Constitution because it did not contain a Bill of Rights, as did many state constitutions.
Commitments to add the first ten amendments as the first order of business of the First Congress ensured the ratification
of the Constitution. The Bill of Rights includes guarantees of freedom of speech, press, assembly, and religion and protections
of the rights of the accused.
WRONG CHOICES EXPLAINED:
(1) Article I, Sections 1 and 2 of the original Constitution
give the President the power to enforce the laws. The purpose of the Bill of Rights was to further limit the power of the
federal government.
(3) The Constitution does not specifically create a cabinet; however, Article I, Section 2 implies
the existence of a cabinet by noting that there would be "principal officers in each of the executive departments" who would
be subordinate to the President.
(4) The Bill of Rights makes no reference to voting. The original Constitution requires
that the members of the House of Representatives be elected by the people and gives the states control of the election process
and voter qualifications. Amendments after the first ten--the Bill of Rights--broadened the electorate to include women, former
slaves, and citizens over eighteen years of age. |
|
4
14. "Illegally obtained evidence cannot be used in a court of law."
This statement is
based on a person's constitutional right to |
|
| 1. face an accuser in open court |
3. a speedy and public trial by an impartial jury |
| 2. protection against double jeopardy |
4. protection against unreasonable searches and seizures |
|
4 The quotation refers to the exclusionary rule, a protection against unreasonable searches and seizures.
The Fourth Amendment states that persons and their homes cannot be searched and evidence seized unless authorities first obtain
a search warrant, which can only be issued by a judge based on probable cause. To discourage police from conducting illegal
searches, the Supreme Court has ruled that illegally obtained evidence cannot be used in a trial against the owner of the
seized property. The exclusionary rule was first applied to federal officers in Weeks v. United States (1914)
and to state police in Mapp v. Ohio (1961).
WRONG CHOICES EXPLAINED:
(1) and (3) The Sixth
Amendment to the Constitution gives the accused the right to be confronted by witnesses against him or her and to a speedy
and public trial by an impartial jury. These are rights of the accused in addition to the Fourth Amendment protection against
illegal searches and seizures.
(2) The Fifth Amendment states that no person shall "be subject for the same offence to
be twice put in jeopardy of life and limb." This double jeopardy protection means that a defendant who has been declared innocent
of a crime cannot be arrested and tried again for the same crime. Otherwise, a determined prosecutor could keep trying a person
until a jury comes up with a conviction. |
|
1
15. The implied powers suggested by the United States Constitution show that the writers
recognized the |
|
| 1. powers of government needed to be able to adapt to change |
3. powers of the Supreme Court needed to be checked |
| 2. rights of the states had to be protected |
4. rights of the citizens were the first concern of government |
|
1 The implied powers show that the founding fathers believed that the government must be able to adapt
to change. The implied power is written into the Constitution in Article I, Section 8 where, after enumerating specific powers
of Congress, Congress is empowered "to make all laws which shall be necessary and proper for carrying into execution the foregoing
powers." Under this doctrine, Congress created a national bank and the Federal Reserve System to carry out its specified power
to coin money. The specified power to regulate interstate commerce has been expanded to control railroad rates, license radio
stations, and regulate the food and drug industries when new technological and economic developments called for government
action.
WRONG CHOICES EXPLAINED:
(2) The implied powers have authorized the federal government to legislate
in areas that previously were reserved to the states, such as education and welfare. Basic rights of the states are protected
by the federal system and the Tenth Amendment.
(3) Implied powers expand the powers of Congress but do not necessarily
check the powers of the Supreme Court. The power of the Supreme Court is specified in Article III of the Constitution, and
the right to judicial review was established by Marbury v. Madison (1803).
(4) The implied powers give Congress
flexibility in adjusting to changing times. The original Constitution did not make rights of citizens a primary concern. Individual
rights were the subject of the Bill of Rights, ratified two years after the United States government came into existence under
the Constitution. |
|
3
16. Population data from the census of 2000 was used to determine the number of |
|
| 1. states in the Union |
3. electoral college votes from each state |
| 2. senators from each state |
4. Supreme Court justices |
|
3 Population data from the 2000 census determine the number of electoral college votes. Article I, Section
2 of the Constitution requires a census every ten years to determine the number of members of the House of Representatives
for each state. However, Article II, Section 1 provides that each state shall have a number of electors in the electoral college
equal to the sum of its senators and representatives. Thus in the 2004 election for president New York State will have thirty-one
electors (twenty-nine representatives plus two senators). This is a decrease of two electoral votes from the 2000 election
because New York lost two representatives following the redistribution of representatives based on the 2000 census.
WRONG
CHOICES EXPLAINED:
(1) The number of states in the Union changes only by adding states. The United States became fifty
states when Hawaii was admitted to the Union in 1959.
(2) Article I, Section 3 of the Constitution establishes that each
state shall have two senators.
(4) The Constitution does not specify the number of justices of the Supreme Court. There
have been nine for most of United States history; however, the number could be changed by Congress. |
|
2
17. What is the primary constitutional principle exemplified by the United States Senate's
rejection of a treaty? |
|
| 1. federalism |
3. States rights |
| 2. checks and balances |
4. executive privilege |
|
2 The constitutional principle shown when the Senate rejects a treaty is that of checks and balances.
Article II, Section 2 of the Constitution gives the President the power to negotiate treaties and conduct foreign affairs.
However, the same article provides that treaties must be ratified by two-thirds of the Senate. Thus, the Senate is given the
power to check the power of the President by turning down a treaty that it believes is not in the best interests of the nation.
This happened in 1919, when the Senate rejected the Treaty of Versailles that established the League of Nations.
WRONG
CHOICES EXPLAINED:
(1) and (3) Negotiating and ratifying treaties are exclusively the province of the federal government.
Federalism refers to the system of government that provides for some powers to be exercised by the states, whereas others
are reserved for the federal government. States have no rights when it comes to making treaties with other nations. (4) Executive
privilege is not a constitutional principle. It is an assumed right that the executive department may keep its internal correspondence
confidential. |
|
4
18. In deciding to purchase the Louisiana Territory, President Thomas Jefferson had to overcome
the problem of |
|
| 1. obtaining the support of Western setters |
3. avoiding a possible war with England over the purchase |
| 2. passing the constitutional amendment necessary to authorize the purchase |
4. contradicting his belief in a strict interpretation of the Constitution |
|
4 President Thomas Jefferson decided to purchase the Louisiana Territory from France, despite his conviction
that he lacked the constitutional authority to do so. Jefferson, an advocate of a strict construction of the Constitution,
noted that there is no provision for the acquisition of new territory by purchase or other means. However, Jefferson overcame
his reservations because the political situation at the time made it imperative for him to act quickly without consulting
Congress.
WRONG CHOICES EXPLAINED:
(1) Western settlers, if consulted, would have supported the acquisition
because it opened new territory for them and ended the threats of French control west of the Mississippi River. (2) Though
passing a constitutional amendment might have been the legally proper way to purchase the Louisiana Territory, Jefferson was
concerned that France might withdraw the offer during the lengthy amending process. (3) Jefferson was so fearful of having
Napoleon's armies to the west of the United States that he was willing to become allied with Great Britain. England, already
at war with France, would have supported any action that weakened France. |
|
1
19. Which idea had a major influence on the authors of the Articles of Confederation? |
|
| 1. A strong central government threatens the rights of people and the states. |
3. Three branches of the government are needed to protect liberty. |
| 2. All of the people must be granted the right to vote. |
4. The central government must have the power to levy taxes and to control trade. |
|
1 The authors of the Articles of Confederation feared that a strong central government could threaten
the rights of the people and the states. The Articles of Confederation were drafted by a committee of the Constitutional Convention
and ratified in 1781 while the colonies were still at war with Great Britain. The colonies had rebelled against the tyranny
of the British king. Their delegates to the Constitutional Convention were unwilling to create a new strong central government
that might endanger the freedoms the states were fighting for.
WRONG CHOICES EXPLAINED:
(2) Few political thinkers
of the 18th century believed that all persons should have the right to vote. Voting in Great Britain and in the colonies had
been restricted to free males who owned property. The movement to expand the right to vote developed in the 19th century.
(3) The authors of the Articles of Confederation created a one-house legislature with no executive branch or judiciary. They
believed that they protected liberty by limiting the powers and size of the central government. (4) The authors of the Articles
of Confederation limited the power of the national Congress by denying it the right to levy taxes and to control trade. Congress
had to ask states to contribute funds to support its operations. States were free to develop their own trade policies with
other states and foreign nations. |
|
3
20. Which United States governmental principle includes the concepts of reserved powers,
delegated powers, and concurrent powers? |
|
| 1. the amending process |
3. federalism |
| 2. judicial review |
4. the unwritten constitution |
|
3 Federalism means sharing powers between the states and the central government. Powers reserved to the
states include the establishment of marriage and divorce laws, conduct of elections, and regulation of commerce within the
state. Powers delegated to the central government are enumerated in Article I, Section 8 of the Constitution. They include
the right to coin money, raise and support armed forces, and regulate foreign and interstate commerce. Concurrent powers,
such as the right to levy and collect taxes, borrow money, and establish courts, are exercised by both the states and the
federal government.
WRONG CHOICES EXPLAINED:
(1) The amending process is the means by which the Constitution,
the basic law of the land, can be changed. Though amending the Constitution requires both state and federal action, it is
not a concurrent power. (2) Judicial review is not a government principle included in the Constitution. However, the Supreme
Court in Marbury v. Madison (1803) ruled that the right of the Supreme Court to interpret the Constitution and rule on the
constitutionality of laws passed by Congress is implied by the Constitution. (4) The unwritten Constitution refers to principles
and practices basic to the functioning of the national government, but not included in the Constitution. Among these are the
political party system and national conventions to choose candidates for President and Vice President. |
|
2
21. The major reason the Bill of Rights was added to the United States Constitution was
to |
|
| 1. limit the power of state governments |
3. provide for equal treatment of all people |
| 2. protect individual liberties against abuse by the federal government |
4. separate powers between the three branches of government |
|
2 The Bill of Rights was added to the Constitution primarily to protect individual liberties from government
abuses. During the ratification debates after the Constitutional Convention accepted the Constitution, some states expressed
a reluctance to ratify the document because it did not list specific individual rights, as many state constitutions did. To
ensure ratification by key states, leaders gave assurances that the first order of business of the first Congress would be
to amend the Constitution to provide a Bill of Rights, the first ten amendments to the Constitution.
WRONG CHOICES
EXPLAINED:
(1) The initial effect of the Bill of Rights was to limit only the power of the federal government. The
Bill of Rights was not applied to the states until the Fourteenth Amendment was ratified in 1868. (3) The Bill of Rights was
not intended to promote equal treatment; instead it was adopted to prevent abusive treatment by the federal government. The
principle of equal treatment before the law was not adopted until the Fourteenth Amendment. (4) The principle of separation
of powers was basic to the Constitution before the Bill of Rights was adopted. The Bill of Rights initially applied only to
the federal government. Note that the wording of the First Amendment begins, "Congress shall make no law..." |
|
1
22. Which statement best explains why critics have called for a change in the electoral
college system? |
|
| 1. A person who did not receive the largest percentage of the popular votes can be elected President. |
3. Electors often vote for candidates not listed on the ballot. |
| 2. The system is a threat to the two-party system. |
4. States with small populations have greater influence on Presidential elections than more populated states
do. |
|
1 Critics have called for a change in the electoral college system because a candidate who did not receive
the greatest number of popular votes could become President, as happened in 1876. Democratic Party candidate Samuel Tilden
received a majority of the popular votes; however, he fell one vote short of an electoral vote majority because some ballots
were contested. A commission established by a Republican-controlled Congress gave all the contested ballots to Republican
candidate Rutherford B. Hayes, who then had an electoral vote majority. In the 1960 contest between Richard Nixon and John
Kennedy, Nixon could theoretically have won with a popular vote minority had there been a shift in only a few thousand votes
in key states.
WRONG CHOICES EXPLAINED:
(2) One of the reasons why proposals to eliminate the electoral vote
system have not been accepted is that ending the winner-take-all approach of the electoral college system could undermine
the two-party system. (3) Electors almost always vote for the candidate they are pledged to support. Some states require them
to do so by law. (4) Under the electoral college system, states with larger populations have a greater influence on presidential
elections than small states do. Under the winner-take-all principle, a candidate could win California by a very small minority
and receive all of its 54 electoral votes while winning by a large popular vote in Vermont, but gaining only three electoral
votes. Therefore, candidates concentrate their campaigns in large states. |
|
3
23. Which governmental problem occurred under the Articles of Confederation? |
|
| 1. Congress constantly overrode the President's vetoes. |
3. The states frequently did not cooperate with each other. |
| 2. The Supreme Court issued a series of unenforceable decisions. |
4. The President often ignored the advice of his Cabinet. |
|
3 Under the Articles of Confederation, the federal government had very limited powers. Also, any powers
not specifically given to Congress were reserved to the states. Important powers such as control of commerce with other states
remained with the states. Any laws passed by Congress under the Articles of Confederation had to receive two-thirds of the
votes of the states. Jealously guarding their sovereignty, the states squabbled among themselves and failed to agree on legislation
needed to make the United States a unified, economically viable nation.
WRONG CHOICES EXPLAINED:
(1), (2), and
(4) The Articles of Confederation did not provide for an executive department of a President with a veto power and a cabinet,
nor was there a Supreme Court to review laws. The President of the United States was the person with limited powers chosen
by the one-house Congress to preside over its sessions. |
|
1
24. "The accumulation of all powers, legislative, executive, and judicial, in the same hands
. . . may justly be pronounced the very definition of tyranny." The writers of the United States Constitution intended to
prevent the situation described in this quotation by |
|
| 1. developing a system of checks and balances |
3. establishing political parties |
| 2. relying on an electoral college |
4. including the implied powers clause |
|
1 The quotation expressed the ideas of Baron de Montesquieu, the French Enlightenment philosopher, who
wrote that the way to prevent tyranny was to separate power into three different branches of government: a legislature to
make the laws, an executive to administer them, and a judiciary to judge violations of the laws. The writers of the Constitution
applied Montesquieu's principles by providing for an executive branch led by a President, Congress as the legislative branch,
and a Supreme Court at the head of an independent judiciary. Each branch of government was given specific powers, including
powers to check the powers of the other branches. The system of checks and balances was devised to prevent the development
of a tyrannical form of government.
WRONG CHOICES EXPLAINED:
(2) The electoral college was devised to choose
only the President and the Vice President, the executive branch of government. The quotation refers to all three branches.
(3) Political parties are not mentioned in the Constitution. (4) The implied powers clause (Article I, Section 8) of the Constitution
refers only to the powers of the legislative branch. The quotation considers all three branches. |
|
4
25. The purpose of adding the Bill of Rights to the United States Constitution was to |
|
| 1. assure the end of slavery |
3. allow the adoption of new amendments |
| 2. strengthen the power of the federal government |
4. protect the people from abuse by the federal government |
|
4 The Bill of Rights protects the people from abuses by the federal government. Some states insisted
on the addition of a Bill of Rights before they agreed to ratify the Constitution because they were fearful that the central
government would become too powerful. The Bill of Rights specifies the civil rights of citizens to freedom of speech, press,
religion, and assembly. It also protects the rights of citizens from arbitrary search and arrest and the rights of the accused
to a fair trial and representation by an attorney. The American people, remembering how Great Britain violated the rights
of citizens before the Revolutionary War, did not want their new government to have the same power.
WRONG CHOICES EXPLAINED:
(1)
Neither the Constitution nor the Bill of Rights makes any reference to the end of slavery. To have done so would have stopped
the southern states from agreeing to the documents. (2) The Bill of Rights begins with the words, "Congress shall make no
law . . ." The Bill of Rights weakens the federal government by denying it the right to make certain laws. (3) Article V of
the Constitution provides for amendments. It was ratified before the Bill of Rights was added to the Constitution. |
|
2
26. Under the United States Constitution, the states are given the power to |
|
| 1. issue paper money |
3. negotiate treaties with foreign nations |
| 2. provide for education |
4. regulate interstate commerce |
|
2 The power to provide for education is among the reserved powers of the states under the Ninth and Tenth
Amendments to the Constitution. Because Congress is not specifically empowered to provide for education in Article I, Section
8, it remains one of the reserved powers of the states. States have the basic power to regulate education; however, the federal
government provides financial aid to education if the states agree to follow federal guidelines and has forced states to comply
with the equal protection of the laws of doctrine of the Fourteenth Amendment.
WRONG CHOICES EXPLAINED:
(1),
(3), and (4) The states are specifically forbidden to coin money, negotiate treaties with foreign nations, and regulate imports
and exports by Article I, Section 9 of the Constitution. Article I, Section 8 gives those powers to Congress. |
|
4
27. Which action is an example of lobbying by a special interest group? |
|
| 1. labor union members threatening to strike if their company opens a factory in a foreign nation |
3. a congressional committee investigating the activities of organized crime |
| 2. members of Congress introducing a bill that will provide for low-interest college loans |
4. several lumber companies asking Senators to allow logging on federal lands |
|
4 The best example of lobbying by a special interest group is when lumber companies ask Senators to allow
logging on federal lands. In fact, extensive logging is permitted in national forests for very low fees because of the effectiveness
of lobbyists for the lumber interests. Senators from states with extensive national forests listen to the lobbyists of lumber
companies because the logging industry provides jobs for voters and, often, because the lumber industry contributes to the
Senators' campaigns.
WRONG CHOICES EXPLAINED:
(1) Lobbying refers to pressures being placed on Congress or the
executive branch to support legislation favorable to the interest group. A labor union threatening a strike is an action against
a private corporation. (2) Members of Congress introducing a bill to provide low-interest college loans does not represent
a lobbying activity. Legislators most often propose laws because they believe them to be good public policy. College students
lack the unity and the money to lobby effectively for such a bill. (3) A congressional committee investigating organized crime
is not a lobbying activity. It is a legitimate exercise of Congress to hold hearings to determine if legislation is needed. |
|
1
28. Which generalization is supported by the information provided by the graphs? |
 |
|
| 1. The electoral vote often fails to reflect the popular vote. |
3. The electoral college system weakens the two-party system. |
| 2. The House of Representatives settles Presidential elections in which third-party candidates participate. |
4. Electoral college members often vote against their party's candidates. |
|
1 The information provided in the graphs shows that the electoral vote often fails to reflect the popular
vote. Under the "winner-take-all" approach, the candidate who receives the most votes in a state receives all of its electoral
votes. Thus, Ross Perot received 19 percent of the popular vote but none of the electoral votes. President Clinton received
less than half of the popular vote, but gained more than two-thirds of the electoral vote. In some elections, notably in 1876,
Samuel J. Tilden received more popular votes than Rutherford B. Hayes; however, Hayes became President because he had a majority
of the electoral votes.
WRONG CHOICES EXPLAINED:
(2) The House of Representatives settles presidential elections
in which third-party candidates participate only when none of the candidates receives a majority of the electoral votes. This
was not the case in 1992. But in the election of 1824, the House of Representatives chose John Quincy Adams over Andrew Jackson
and William Crawford even though Jackson had more electoral votes and popular votes than Adams. (3) The electoral college
system strengthens the two-party system because it makes it less likely that third parties will have an impact on the elections.
(4) Electoral college members almost always vote for their party's candidate because all of the electors from a state are
of the same political party, the one whose candidate gained the most votes in the state. |
|
2
29. Which feature of government is considered part of the unwritten constitution? |
|
| 1. presidential veto |
3. Senate ratification of treaties |
| 2. judicial review |
4. presidential appointment of ambassadors |
|
2 An example of the unwritten Constitution is judicial review, which is not mentioned in the Constitution.
It came about as a result of a Supreme Court decision in Marbury v. Madison (1803) in which the Court assumed the power to
decide whether laws passed by Congress are in conformity with the Constitution and to declare them null and void if they are
not.
WRONG CHOICES EXPLAINED:
(1) The power of the President to veto acts of Congress is specifically given
by Article I, Section 7 of the Constitution. (3) and (4) The power of the Senate to ratify treaties and the power of the President
to appoint ambassadors are specifically given by Article II, Section 2 of the Constitution. |
|
3
30. The President of the United States can influence the judicial branch of government by |
|
| 1. removing members of the Supreme Court |
3. nominating federal judges who support his programs |
| 2. choosing the chairperson of the Senate Judiciary Committee |
4. requiring the Supreme Court to declare certain laws unconstitutional |
|
3 The President can influence the judicial branch by nominating federal judges, a power given to the
President by Article II, Section 2 of the Constitution. Presidents usually appoint judges who support the programs of the
administration and have similar views on major issues. Because federal judges are appointed for life, judicial appointments
can have an impact on the nation long beyond a President's term of office.
WRONG CHOICES EXPLAINED:
(1) Only
Congress may remove a federal judge under the powers to impeach and try judges and other civil officers given by Article II,
Section 4 of the Constitution. (2) Article I, Section 3 of the Constitution gives the Senate the power to choose its own officers,
including its committee chairpersons. The President has no influence on how the houses of Congress organize themselves, especially
if they are controlled by the opposition party. (4) Under the concept of separation of powers, the Supreme Court exercises
its constitutional powers without direction from the other two branches of government. |
|
Govt 08 01
Mr Eisenberg |
TEACHER ANSWER KEY
June 09, 2008 |
|
1
1. Which headline best illustrates the system of checks and balances? |
|
| 1. Senate Rejects Supreme Court Nominee |
3. Congress Votes to Reduce Income Taxes |
| 2. State Legislature Fails to Adopt Budget on Time |
4. United States Peacekeeping Troops Sent to Bosnia |
|
1 The headline about the Senate rejection of a Supreme Court nominee best illustrates the system of checks
and balances. The Constitution gives each of the three branches of the federal government (the executive, legislative, and
judicial branches) powers to check the other two branches to prevent any one from becoming too powerful or from exercising
its powers improperly. According to Article 2, Section 2 of the Constitution, the President appoints members of the Supreme
Court; however, nominees must be approved by two-thirds of the Senate. This balancing of powers is designed to block the President
from appointing an incompetent person to the judiciary.
Wrong Choices Explained:
(2) The system of checks
and balances applies to the federal government only. If a state government does not adopt a budget on time, it is a failure
of the state's legislative process.
(3) A vote by Congress to reduce income taxes is an exercise of its constitutional
powers under the 16th Amendment to the Constitution. However, the system of checks and balances comes into play if the President
vetoes the reduction as an unwise or improper law.
(4) As commander-in-chief of the armed forces, the President has authority
to send peacekeeping troops to foreign nations. However, Congress may try to check that power by denying funds for the action. |
|
3
2. What was a direct result of the census of 2000? |
|
| 1. Personal income tax rates were changed. |
3. Seats in the House of Representatives were reapportioned. |
| 2. New United States District Courts were created. |
4. The number of United States Senators was increased. |
|
3 A direct result of the census of 2000, and indeed of every census, is that seats in the House of Representatives
were reapportioned. The census was included in the Constitution for this very purpose--to determine whether a district should
get more or fewer representatives. Currently, Northeastern states are losing representatives to the South and the West.
WRONG
CHOICES EXPLAINED:
(1) Income tax rates are determined by Congress, not by the census.
(2) The creation of new
courts is a function of Congress.
(4) The number of United States Senators does not change--it is two from each state,
regardless of population. |
|
2
3. To provide for change, the authors of the United States Constitution included the amendment
process and the |
|
| 1. commerce clause |
3. supremacy clause |
| 2. elastic clause |
4. naturalization clause |
|
2 The framers of the Constitution saw the need to create a document with a degree of flexibility to allow
for change over time. Toward this end, they included the elastic clause and a process to amend the Constitution. The elastic
clause is included in Article I, Section 8 of the Constitution. That section lists the specific powers of Congress. Some delegates
feared that by listing specific powers, Congress could not exercise additional powers nor could it address unforeseen circumstances.
They therefore pushed for the elastic clause, which stretched the powers of Congress by allowing it to "make all laws necessary
and proper."
WRONG CHOICES EXPLAINED:
(1) (3) and (4) The Constitutional clauses in the other choices are
not included to provide for change. The commerce clause, Article I, Section 8, Clause 3, allows Congress to regulate commerce
with foreign nations, among the states, and with Indian tribes. The supremacy clause, Article VI, Clause 2, states that the
Constitution, federal laws, and treaties are the supreme laws of the land. The naturalization clause, Article I, Section 8,
Clause 4, gives Congress the power to establish uniform rules for becoming a citizen. |
|
1
4. Judicial review gives the United States Supreme Court the power to |
|
| 1. declare state laws unconstitutional |
3. impeach and remove the president from office |
| 2. override a congressional veto |
4. approve treaties with foreign nations |
|
1 The Supreme Court's power of judicial review allows it to declare state laws, as well as federal laws,
unconstitutional. The power of judicial review was established in the case of Marbury v. Madison (1803). The details
of the decision have to do with the seating of judges that had been appointed in the last days of the John Adams administration.
But more importantly, the decision established the Supreme Court's power to review laws and to determine if they are consistent
with the Constitution. Laws declared unconstitutional by the Court are immediately disallowed. This power of judicial review
has been the main function of the Supreme Court since then and has been instrumental in maintaining balance between the three
branches of the government.
WRONG CHOICES EXPLAINED:
(2) The Supreme Court cannot override a congressional
veto. The Constitution provided for a separation of powers between the branches.
(3) The Supreme Court does not have the
power to impeach and remove the president from office. The House of Representatives has the power to impeach the president,
and the Senate, with the chief justice of the Supreme Court presiding, has to power to try and remove the president from office.
(4) The Supreme Court does not have the power to approve treaties. The Senate has that power. |
|
4
5. The Great Compromise at the Constitutional Convention of 1787 was important because it |
|
| 1. established suffrage for all males over the age of twenty-one |
3. created a single-house national legislature |
| 2. ended the controversy over slavery |
4. balanced the interests of states with large and small populations |
|
4 The Great Compromise at the Constitutional Convention created a bicameral, or two-house, Congress.
The compromise called for a House of Representatives, in which representation would be determined by the population of each
state, and a Senate, in which each state would get two members. This solution balanced the interests of states with large
populations and those with small populations. Before the compromise was reached, two plans emerged at the Constitutional Convention.
The states with larger populations argued that they should have a larger voice in Congress. They developed the Virginia Plan,
which would have created a bicameral legislature that pegged the number of representatives from each state to the population
of the state. The small states feared that their voices would be drowned out in such a legislature. They countered with the
New Jersey Plan, which called for a one-house legislature with each state getting one vote. The Great Compromise was one of
several important compromises that occurred at the Constitutional Convention.
WRONG CHOICES EXPLAINED:
(1)
The Constitution was silent on voting qualifications and even on the right to vote. The framers left these questions up to
the states. Only later did four amendments address the right to vote.
(2) The Compromise did not address the "controversy
over slavery." The framers of the Constitution did not address the question of whether slavery should continue to exist. The
Three-Fifths Compromise addressed the controversy of how slaves should be counted in the census (which, in turn, would help
determine how many representatives the slave states would be allotted in the House). The controversy over the existence of
slavery was not settled until the Civil War.
(3) The Great Compromise created a two-house legislature, not a singlehouse
legislature. A single-house legislature existed under the Articles of Confederation. |
|
1
6. Base your answer on the information below and on your knowledge of social studies.
This
resolution illustrates the constitutional right to |
 |
|
| 1. petition for redress of grievances |
3. a speedy and public trial |
| 2. protection against unreasonable search and seizure |
4. freedom of religion |
|
1 The resolution is an example of a petition for a redress of grievances, a right guaranteed by the 1st
Amendment. A petition is a request for a change in law or policy signed by individuals supporting the change. A petition may
also be in the form of a resolution by an organization representing people with a grievance. Women had been seeking the right
to vote since the Women's Rights Convention at Seneca Falls, New York, in 1848. In 1873 the major organization promoting women
suffrage was the National Woman Suffrage Association. The organization had been disappointed that the 15th Amendment, ratified
in 1870 to establish the right to vote for former slaves, did not also include women. Women's groups submitted many petitions
over the years until they gained the right to vote with the 19th Amendment.
WRONG CHOICES EXPLAINED:
(2),
(3), and (4) The right for protection against unreasonable search and seizure is guaranteed by the 4th Amendment. The right
to a speedy trial is guaranteed by the 6th Amendment. The right to freedom of religion is guaranteed by the 1st Amendment.
Women's groups had no need to petition for these rights because they already applied to women as well as to men. |
|
1
7. Which topic has been the focus of four different amendments to the United States Constitution? |
|
| 1. voting rights |
3. the electoral college |
| 2. term limits on federal officeholders |
4. prohibition of alcoholic beverages |
|
1 Voting rights have been the focus of four different amendments to the United States Constitution. The
15th Amendment was ratified after the Civil War to provide that the right to vote could not be denied "on account of race,
color or previous condition of servitude." The 19th Amendment, ratified in 1920, gave the right to vote to women. The 24th
Amendment became part of the Constitution in 1964. It provided that no one could be barred from voting in federal elections
for failure to pay a poll tax. This amendment was in response to actions by Southern states to deny the right to vote to African-Americans,
most of whom were too poor to pay a tax to vote. The 26th Amendment was ratified in 1971 to give 18 year olds the right to
vote on the theory that if they're old enough to fight in a war, they're old enough to vote. The 23rd Amendment enfranchises
a small part of the population in elections for president and vice-president. This Amendment, ratified in 1961, gives the
District of Columbia three electoral votes in the electoral college. Previously, residents of the District of Columbia could
not vote for president because they were not residents of any state.
WRONG CHOICES EXPLAINED:
(2) Only the
22nd Amendment, ratified in 1951, imposes term limits on a federal officeholder. It applies only to the president, who is
limited to two terms of office. This amendment was passed in response to Franklin Roosevelt's four terms of office that ended
a tradition of a two-term limit.
(3) The 12th Amendment, ratified in 1804, changes election procedures in the electoral
college to prevent a recurrence of the situation in the 1800 election in which Thomas Jefferson and Aaron Burr were tied in
votes for president for 36 ballots, even though almost everyone's understanding was that Jefferson should be president with
Aaron Burr as vice-president. The 23rd Amendment gives the District of Columbia three votes in the electoral college.
(4)
The 18th Amendment, ratified in 1919, banned the manufacture, sale, transportation, or importation of alcoholic beverages.
The amendment had long been sought by temperance organizations. The Prohibition Amendment was repealed by the 21st Amendment
in 1933. Public attitudes had changed about attempting to legislate morality, and the law had proved to be unenforceable during
the 1920s. |
|
2
8. On what grounds would strict constructionists of the United States Constitution have
questioned the purchase of the Louisiana Territory? |
|
| 1. It violated the guarantee of states' rights. |
3. Congress was opposed to expansion west of the Mississippi River. |
| 2. The president was not specifically given the power to purchase new land. |
4. The Constitution applied only to the original thirteen states. |
|
2 Strict constructionists questioned the purchase of the Louisiana Territory because there was no specific
provision in the Constitution to expand the nation's borders by purchase or by any other means. Jefferson was himself a strict
constructionist who opposed the establishment of a national bank ten years earlier because it was not specifically authorized
by the Constitution. Though Jefferson had misgivings about the legality of negotiating the Louisiana Purchase, he was also
a pragmatist who did not want to lose the opportunity to enhance the nation's security and increase its size.
WRONG
CHOICES EXPLAINED:
(1) States' rights was not an issue because the land in question was beyond the borders of any states.
(3)
Congress did not have an opportunity to vote on the Louisiana Purchase before the sale was negotiated. However, when the purchase
treaty was submitted to the Senate, it was supported with considerable enthusiasm.
(4) Article IV, Section 3 allows for
the admission of new states from territories. The Constitution would apply to the new states, as well as to the original thirteen. |
|
4
9. The first amendment of the Constitution deals primarily with |
|
| 1. states' rights |
3. rights of the accused |
| 2. property rights |
4. rights of self-expression |
|
4 The 1st Amendment of the Constitution deals primarily with the right to self-expression. Specifically,
the amendment states that Congress cannot make laws abridging freedom of speech, freedom of the press, freedom to worship,
the right to assemble, or the right to petition the government. The amendment also states that there shall be no established,
or official, religion in the United States.
Wrong Choices Explained:
(1) States' rights are protected in
the 10th Amendment.
(2) Property rights are protected in the 5th Amendment. The amendment states that private property
shall not be taken by the government unless it is for public use and the owner is justly compensated. This power of the government
to take private property is called eminent domain.
(3) Rights of the accused are found in the 5th and 6th Amendments.
The 5th Amendment includes the right not be tried twice for the same crime and the right not to testify against yourself.
The 6th Amendment includes the right to a speedy and public trial and the right to have a lawyer in court. |
|
2
10. The Supreme Court decision in Schenck v. United States (1919) stated that |
|
| 1. immigrants have limited rights |
3. rights of the accused may not be limited |
| 2. freedom of speech is not absolute |
4. women should be granted suffrage |
|
2 The decision in Schenck v. United States (1919) upheld the Espionage and Sedition Acts, passed
during World War I to put limits on public expressions of antiwar sentiment. Charles Schenck and other members of the Socialist
Party had been arrested for printing and distributing flyers opposing the war and urging young men to resist the draft. The
Supreme Court argued that freedom of speech is not absolute and that the government is justified in limiting certain forms
of speech during wartime. The Court argued that certain utterances pose a "clear and present danger." By analogy, the Court
reasoned that one is not allowed to falsely shout "Fire!" in a crowded theater.
Wrong Choices Explained:
(1)
The Schenck decision did not have anything to do with immigrant rights.
(3) Schenck v. United States did not have
anything to do with the rights of the accused. Some important decisions have expanded rights of the accused, such as Gideon
v. Wainwright (1963) and Miranda v. Arizona (1966).
(4) There are no major Supreme Court cases that advanced
the cause of women's suffrage. In 1874 the Court ruled that being a citizen does not guarantee suffrage. Women were granted
the right to vote with the ratification of the 19th Amendment (1920). |
|
2
11. Under the United States Constitution, state governments have the power to |
|
| 1. coin money |
3. regulate interstate commerce |
| 2. license teachers |
4. establish term limits for members of Congress |
|
2 Under the United States Constitution, state governments have the power to license teachers. Control
of education is one of the powers reserved to the states by the Tenth Amendment, which states that "powers not delegated to
the United States by the Constitution, nor prohibited by it to the states, are reserved to the states." Because Article I,
Section 8, where the powers of Congress are specified, does not include education, it is reserved to the states. Licensing
of teachers is assumed to be one of the elements of state regulation of education.
WRONG CHOICES EXPLAINED:
(1)
and (3) Article I, Section 8, of the Constitution specifically gives Congress the power to coin money and regulate interstate
commerce. These powers are denied to the states by the Constitution.
(4) In the 1990s, some states tried to establish
term limits for members of Congress. However, the Supreme Court ruled in U.S. Term Limits v. Thornton (1995)
that qualifications for members of Congress are specified by the Constitution in Article I, Section 2, and that states cannot
add other qualifications. Thus, term limits could only be added by amending the Constitution. |
|
2
12. The Federalist Papers were published in 1787 and 1788 to help gain support for |
|
| 1. a bill of rights |
3. a weaker central government |
| 2. the ratification of the Constitution |
4. the abolition of slavery and the slave trade |
|
2 The Federalist Papers were written by James Madison of Virginia and Alexander Hamilton and John
Jay of New York to convince reluctant states to ratify the Constitution. The 85 essays published in New York newspapers argued
that the Constitution provided enough power for a federal government to maintain order, promote the nation's interests, and
provide for defense, while it retained considerable autonomy for the states in domestic affairs. The Federalist Papers
further argued that the separation of powers and the system of checks and balances would prevent the federal government from
becoming a tyranny.
WRONG CHOICES EXPLAINED:
(1) One of the criticisms aimed at the Constitution was that
it lacked a bill of rights, a part of many state constitutions. During the ratification process, those supporting the Constitution
promised states that a bill of rights would be added to the Constitution after it was ratified. These commitments, along with
the eloquence of The Federalist Papers, convinced all 13 colonies to ratify the Constitution.
(3) Those opposed
to the Constitution wanted a weaker central government. The Federalist Papers argued that the Constitution, as drafted,
was not so strong that it posed a threat to liberty.
(4) The Federalist Papers argued that the Constitution, as
drafted by the Constitutional Convention, should be ratified by the states. The draft being considered by the states did not
abolish slavery and did not permit Congress to abolish the slave trade for 20 years. The authors of The Federalist Papers,
though they may have personally opposed slavery, did not raise the issue because to do so would have killed any hopes of ratifying
the Constitution. |
|
1
13. At the Constitutional Convention of 1787, the Great Compromise resolved the issue of |
|
| 1. representation |
3. slavery |
| 2. taxation |
4. control of trade |
|
1 At the Constitutional Convention of 1787, the Great Compromise, also known as the Connecticut Compromise,
resolved the conflict over representation in the federal Congress. Virginia, representing the interests of large states, proposed
that a state's representation in Congress should be proportional to its population. New Jersey, promoting the interests of
small states, argued each state should have one vote, as was the case in the Confederation Congress. Connecticut offered the
compromise that provided for a bicameral (two-house) legislature made up of an elected House of Representatives in which each
state's representation would be based on its population and a Senate in which each state would have two representatives appointed
by the state's legislature. The acceptance of the Great Compromise opened the way for the compromises on other issues that
led to the ratification of the Constitution.
WRONG CHOICES EXPLAINED:
(2) It was generally accepted that
one of the major weaknesses of the government under the Articles of Confederation was the central government's inability to
levy taxes. However, the delegates at the Constitutional Convention disagreed about what the federal government could tax.
Another compromise banned tariffs on exports to satisfy the interests of agricultural states in the south but allowed tariffs
on imports to meet the demands of mercantile states in the north.
(3) The delegates to the Constitutional Convention dodged
the issue of slavery by making no mention of it in the Constitution, except in reference to counting slaves as part of a state's
population for determining representation (the Three-Fifths Compromise).
(4) The delegates were aware that disputes over
trade were very divisive issues among states during the years of government under the Articles of Confederation. The delegates
decided to give the federal government control over interstate commerce whereas each state could continue to control commerce
within its borders. |
|
2
14.
• Congress proposes an amendment legalizing an income tax.
• The
Supreme Court rules that the income tax is unconstitutional.
These events illustrate the use of |
|
| 1. delegated powers |
3. judicial legislation |
| 2. checks and balances |
4. the unwritten constitution |
|
2 The two actions illustrate the checks and balances system built into the Constitution to prevent any
one branch of government from exercising its power arbitrarily or abusively. The Supreme Court can check the power of the
legislature to pass laws that are not consistent with the Constitution by deciding that a law is unconstitutional. In 1895
the Supreme Court ruled that the 1894 Income Tax Law was unconstitutional because it was a direct tax in violation of Article
I, Section 2, of the Constitution which states that "direct taxes shall be apportioned among the several states, . . . according
to their respective numbers." The Court claimed that the 1894 law was invalid because it was a direct tax that was not apportioned
according to population. Congress passed the law because it was looking for sources of income other than tariffs to finance
the increased costs of government. To overcome the Court's objection, Congress proposed an amendment to the Constitution to
allow for an income tax. It adopted an amendment that, when ratified in 1913 by three-fourths of the state legislatures, became
the 16th Amendment that superseded the wording of Article I, Section 2. The amendment states that: "The Congress shall have
the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States."
WRONG
CHOICES EXPLAINED:
(1) Congress has delegated powers to lay and collect taxes (Article I, Section 8); however, those
powers are limited by provisions elsewhere in the Constitution. The Supreme Court does not have a delegated power to declare
laws unconstitutional. The Supreme Court assumed that power in Marbury v. Madison (1803).
(3) Judicial legislation
means that courts, in effect, make laws or public policy by interpretations of the Constitution and rulings that go beyond
the courts' jurisdiction. The decision to declare the income tax unconstitutional in 1895 was a strict, through probably appropriate,
interpretation of the Constitution.
(4) The unwritten constitution refers to procedures and policies that are not written
in the Constitution but that evolved to become major aspects of the American government. Among these are the political party
system, the procedures for nominating candidates for office, and the committee system in Congress. The Constitution clearly
gives Congress the right to make laws in Article I, Section 8. |
|
3
15. Programs designed to increase the representation of minorities and women in the workforce
have come under attack during years mainly because |
|
| 1. minorities and women have not been able to point to serious examples of discrimination in employment |
3. affirmative action has sometimes been considered reverse discrimination |
| 2. most laws guaranteeing equal opportunity have been found unconstitutional |
4. the economy has been too weak to absorb more workers |
|
3 Affirmative action programs to increase the number of women and minorities in the workforce have been
condemned as reverse discrimination. Affirmative action programs were begun in 1965 when federal government policy required
private employers receiving government contracts to increase the percentage of employees who were women and racial minorities,
provided they were otherwise equally qualified. Affirmative action programs were encouraged in employment, job advancement,
and college admissions. White males criticized the programs as reverse discrimination, especially when quotas were established
that favored women and minorities over more qualified white males. Affirmative action programs have been challenged by court
cases and by state governments.
WRONG CHOICES EXPLAINED:
(1) Affirmative action programs were initiated because
there was a clear pattern over many years of discrimination against women and minorities in employment and college admissions.
(2) Laws guaranteeing equal opportunity have been found to be constitutional; however, some affirmative action programs have
been ruled unconstitutional, among them Regents of the University of California v. Bakke (1978), which said that a quota system
in medical school applications was unconstitutional. (4) The United States has had a very low unemployment rate in recent
years. |
|
2
16. What is the main criticism of affirmative action in recent years? |
|
| 1. The program has been extremely costly to the federal government. |
3. Very few minority persons have been hired. |
| 2. Hiring quotas for minorities may have denied opportunities to other qualified persons. |
4. Most state governments have been unwilling to enforce the program. |
|
2 The main criticism of affirmative action is that hiring quotas are a form of reverse discrimination
that may have denied opportunities to qualified persons. Quotas for minorities may result in nonminority candidates with higher
qualifications being denied a placement or contract. This position was supported by Regents of the University of California
v. Bakke (1978) in which the Supreme Court ruled that a quota system in a publicly supported university was unconstitutional.
In 1996, the voters of California accepted Proposition 209, a ballot initiative that banned race and gender preferences in
public hiring, contracts, and school admissions.
WRONG CHOICES EXPLAINED:
(1) The program has not been costly
to the federal government. Affirmative action programs alter hiring procedures, school admission procedures, and criteria
for granting government contracts. Monitoring these requirements involves a small expenditure. (3) Affirmative action programs
have succeeded in increasing employment opportunities for women and minorities. (4) State governments have enforced affirmative
action programs; however, some have expressed concerns in response to rising criticisms of affirmative action. |
|
3
17. Which heading would be appropriate for this list |
 |
|
| 1. Political Corruption |
3. Influence of the Media |
| 2. Reforms in Television |
4. Duties of the President |
|
3 "Influence of the Media" is the most appropriate heading because the three subtopics refer to media
events regarding public officials or candidates for public office. It shows the importance of television when Presidents who
want to announce important policies ask for television time to reach the greatest number of people. Candidates for public
office buy political advertising time on radio and television and pay for advertisements in newspapers. Television and radio
cover the "State of the Union" address because it is an important news event. Presidents now choose to deliver their addresses
in the evening during "prime time" to reach the largest audience.
WRONG CHOICES EXPLAINED:
(1) and (2) None
of the three subtopics refers to political corruption or reforms in television. (4) Subtopic C refers to a duty of Presidents;
however, they are not obliged to deliver the address to Congress in person or allow television to broadcast it. |
|
2
18. Base your answer on the cartoon and on your knowledge of social studies. What is the
main idea of the cartoon? |
 |
|
| 1. Families that watch television are the most informed about politics. |
3. More voters should watch cable television. |
| 2. The speeches of candidates often fail to attract the voters' attention. |
4. Television networks are not acting in politically responsible ways. |
|
2 The cartoon suggests that even when candidates for President are given free air time on network television
to explain their positions, most of the American people turn them off in favor of entertainment programs. The cartoon is somewhat
unfair and inaccurate because debates among major candidates for President have become a commonly accepted and widely watched
feature in campaigns since 1960. The debates, broadcast on network television as a public service, have been shown by polls
to have influenced voters' decisions. In 1960 and in 1992, support for the relatively unknown and untested candidates of the
Democratic Party (Kennedy in 1960 and Clinton in 1992) increased significantly after their performances in network broadcast
debates against Republican incumbents (Vice-President Nixon in 1960 and President Bush in 1992).
WRONG CHOICES EXPLAINED:
(1)
The cartoon implies that watching television does not produce informed voters because people don't watch campaign speeches.
(3) The cartoon implies that cable television carries more entertainment and sports programming than network television, a
questionable assumption. (4) Television networks do act responsibly when they carry debates and speeches of political candidates. |
|
2
19. One criticism of affirmative action programs is that these programs |
|
| 1. ignore the needs of women in business and education |
3. have a negative effect on immigration |
| 2. lead to discrimination against more qualified people |
4. have not eliminated segregated housing patterns |
|
2Affirmative action programs have been criticized because they may prevent more qualified people from
obtaining a job or a university placement if an employer or school is required to accept a quota of minorities over more qualified
applicants of the majority race. In University of California v. Bakke (1978), the Supreme Court ruled that a race-based special
admissions program was an unconstitutional violation of the right to equal protection of the law.
Wrong Choices Explained:
(1)
Affirmative action considers the needs of women because they, as a group that has suffered discrimination, are given preferences
in affirmative action programs.
(3) Affirmative action has little impact on immigration programs because it applies only
to citizens and legal aliens in the United States.
(4) Though some affirmative action programs may be directed toward obtaining
mortgages or apartment rentals, they have had little impact on segregated housing patterns. |
|
3
20. Political action committees (PACs) are most closely associated with the |
|
| 1. spoils system |
3. lobbying process |
| 2. Cabinet system |
4. appeals process |
|
3 Political action committees (PACs) are most closely associated with lobbying. PACs are committees of
nongovernment organizations such as labor unions, business organizations, and single interest groups such as the National
Rifle Association. The PACs are charged with raising funds, contributing to the political campaigns of candidates sympathetic
to their views, and trying to convince legislators to adopt laws favorable to their interests.
WRONG CHOICES EXPLAINED:
(1)
The spoils system refers to the impact of elections on public employees. Under the spoils system, supporters of winning political
candidates were given government jobs while government workers who supported the opposition were dismissed. The spoils system
has, in the main, been ended by the development of a civil service system under which most government jobs are given to those
who meet specific qualifications based on skills and education. (2) The cabinet is made up of heads of major executive departments
who meet with the President to offer advice on government policy. PACs are not involved with cabinet officers because they
do not need campaign money. (4) The appeals process is carried on within the judiciary. Federal judges do not need campaign
money from PACs because they are not elected. |
|
3
21. What was a lasting effect of the Watergate scandal under President Richard Nixon? |
|
| 1. The system of checks and balances was weakened. |
3. Trust in elected officials was undermined. |
| 2. The scope of executive privilege was broadened. |
4. Presidential responsiveness to public opinion was lessened. |
|
3 A lasting effect of the Watergate scandal was that trust in elected officials was undermined. President
Nixon resigned from office in 1975 rather than face impeachment and trial for his misdeeds during the Watergate episode. He
was accused of misuse of power, conspiracy to cover up crimes, and lying to the public. Had he not resigned, President Nixon
most probably would have been impeached, convicted, and removed from office. The public was exposed to two years of stonewalling
by the White House and revelations of misdeeds during investigations by Congress and an independent prosecutor. Many people
lost their trust in politicians and government because they believed that they had been betrayed by those in whom they placed
their confidence.
WRONG CHOICES EXPLAINED:
(1) The system of checks and balances was strengthened because
the Watergate episode showed that the judicial and legislative branches of government could expose the misdeeds of the executive
branch and bring an end to a president's abuses of power.
(2) The scope of executive privilege was narrowed. President
Nixon tried to use executive privilege to deny access to documents and audiotapes sought by the special prosecutor. The courts
upheld the subpoenas and ordered the president to turn them over.
(4) Presidents became more sensitive to public opinion.
President Nixon had ignored editorials and questions from the public regarding the Watergate charges. He failed to hold press
conferences where he would be subjected to questioning. Most later presidents held more press conferences and showed greater
concern for public opinion. |
|
4
22. The dispute over counting Florida voter ballots in the presidential election of 2000
was settled by |
|
| 1. an order of the governor of Florida |
3. a vote of the United States Senate |
| 2. an agreement between the candidates |
4. a United States Supreme Court decision |
|
4 The 2000 election for president was one of the most contentious in American history. The voting in
Florida was split almost evenly between the Democratic candidate, Vice-President Al Gore, and Republican candidate George
W. Bush, the governor of Texas. This would not have been such a problem beyond Florida, but, based on the electoral votes
of the other 49 states, neither candidate had the majority of the electoral votes needed to be declared the winner. After
several weeks of legal wrangling in Florida, the United States Supreme Court reversed an order by the Florida Supreme Court
to do a hand recount of several counties in Florida. The decision by the Court ended the dispute, with Bush slightly ahead
of Gore in Florida, securing the presidency for Bush.
WRONG CHOICES EXPLAINED:
(1) The governor of Florida
was not empowered to issue such an order. The Florida Secretary of State represented the state in the controversy. The governor
at the time was Jeb Bush, brother of George W. Bush.
(2) The candidates did not reach an agreement. Agreements had been
reached earlier in American history to settle disputed elections. Most notably, Democrats and Republicans reached an agreement
in 1877 to end a dispute over the previous November's presidential election. The Republican candidate got the presidency;
the Democrats got an assurance that the president would withdraw the last U.S. troops from the South, thus ending Reconstruction.
(3) The Senate did not play an official role in the 2000 election. If no presidential candidate has the required number
of electoral votes, then the election is thrown to the House of Representatives, with each state's delegation having one vote. |
|
1
23. Base your answer on the passage below and on your knowledge of social studies.
You
have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to
speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided
for you at government expense.
-- www.usconstitution.net
The requirements included in this passage are part of the Supreme
Court's effort to protect the rights of |
|
| 1. individuals accused of crimes |
3. defendants from double jeopardy |
| 2. students from unreasonable searches |
4. criminals from cruel and unusual punishment |
|
1 The requirements included in the passage are part of the Supreme Court's effort to protect the rights
of individuals accused of crimes. Police officers must read this passage to people when they are arrested. This requirement
followed the Supreme Court decision in the case of Miranda v. Arizona (1966). The Miranda decision revolved
around the issue of self-incrimination. The 5th Amendment states that people do not have to testify against themselves. But
that right is meaningless if arrested people are not aware of it. In this decision, the Court ruled that arrested people must
be read basic rights, including the right to remain silent and the right to have a lawyer.
WRONG CHOICES EXPLAINED:
(2)
The requirement to read the passage is not part of the effort to protect the rights of students from unreasonable searches.
The Supreme Court has ruled, in the case of New Jersey v. TLO (1985) that students have fewer rights under the 4th
Amendment than adults do. The 4th Amendment protects people from searches unless the police have first obtained a warrant.
Administrators in schools, however, have the right to search students if they have reasonable cause.
(3) The requirement
to read the passage is not part of the effort to protect defendants from double jeopardy. The 5th Amendment states that people
shall not be tried twice for the same offense. The Constitution gives the state one attempt to bring a case against an accused
person. If the state is not successful in convincing a jury of the defendant's guilt, then the defendant is free and cannot
be tried again for that crime. If the defendant is found guilty, then he or she may appeal that verdict to a higher court.
(4)
The requirement to read the passage is not part of the effort to protect criminals from cruel and unusual punishment. The
8th Amendment protects people from cruel and unusual punishment. Opponents of the death penalty have argued that capital punishment
constitutes cruel and unusual punishment. The Supreme Court has not agreed. In the case of Furman v. Georgia (1972),
the Court briefly banned capital punishment but only two justices argued that it constituted cruel and unusual punishment.
In 1976, the Court allowed for the reinstatement of capital punishment if the methods for implementing it were not random
and capricious. |
|
4
24. To revise the electoral college process for selecting the President, changes must be
made in the |
|
| 1. Cabinet system |
3. system of primary elections |
| 2. qualifications for voters |
4. federal Constitution |
|
4 Because Article 2, Section 2 of the Constitution establishes the electoral college to select the President
and Vice President, the electoral college can be revised only by amending the Constitution in accordance with provisions in
Article 5 of the Constitution. In 1804, the electoral college was revised by the 12th Amendment to avoid the problem that
developed in the election of 1800 because of the wording of Article 2, Section 2.
Wrong Choices Explained:
(1) Members of the cabinet are barred by the Constitution from having a role in the electoral college.
(2) Qualifications
for voters are fixed by states, except when limited or determined by the Constitution, whereas the electoral college is established
specifically and solely by the Constitution.
(3) Primary elections designate candidates of political parties for President,
whereas the electoral college is elected by the voters to select the President and Vice President from among the candidates. |
|
4
25. Judicial review, as practiced by the federal courts, resulted directly from |
|
| 1. the decisions of colonial governors |
3. the Bill of Rights |
| 2. the Articles of Confederation |
4. a Supreme Court decision |
|
4 Judicial review resulted from a Supreme Court decision, Marbury v. Madison (1803). The Marbury
v. Madison decision (1803) is one of the Supreme Court's most important decisions. The details of the decision have to
do with the seating of judges that had been appointed during John Adams' administration. But more importantly, the decision
established the Supreme Court's power to review laws to determine if they are consistent with the Constitution. Laws declared
unconstitutional by the Court are immediately disallowed. The power of judicial review has been the main function of the Supreme
Court since then.
WRONG CHOICES EXPLAINED:
(1) Decisions by colonial governors did not create the practice
of judicial review. The founders of the United States sought to break with their colonial past. Hence, the practices of the
colonial governors did not greatly influence the government of the United States.
(2) The Articles of Confederation did
not create the practice of judicial review. The articles did not even call for a federal court system.
(3) The Bill of
Rights did not establish the practice of judicial review. The Bill of Rights, which is the first ten amendments to the Constitution,
established basic individual rights, but it did not deal with the functions of the federal court system. |
|
1
26. One similarity in the Supreme Court decisions in Gideon v. Wainwright and Miranda
v. Arizona is that both decisions |
|
| 1. expanded the rights of the accused |
3. lengthened sentences for violent felony offenses |
| 2. improved the ability of the police to gather evidence |
4. set limits on the use of the death penalty |
|
1 Both the Gideon v. Wainwright decision (1963) and the Miranda v. Arizona decision (1966)
expanded the rights of the accused. In Gideon, the Supreme Court ruled that the states must provide court-appointed
attorneys to impoverished defendants. Previously this stipulation only applied to federal court procedures. The Miranda
v. Arizona decision revolved around the issue of self-incrimination. The 5th Amendment guarantees that people do not have
to testify against themselves. But that right is meaningless if arrested people are not aware of it. In this decision, the
Court ruled that arrested people must be read basic rights, now known as Miranda rights, including the right to remain
silent and the right to have an attorney. These decisions were issued by the Supreme Court under the leadership of Earl Warren,
who was Chief Justice from 1953 to 1969. Conservatives have accused the Warren Court of getting in the way of proper law enforcement
and letting criminals go free. Liberals have generally welcomed Warren Court decisions as promoting equal treatment in the
legal system for all people, regardless of race or class.
WRONG CHOICES EXPLAINED:
(2) These decisions do
not deal with the ability of police to gather evidence. A Supreme Court case that deals with the issue of evidence gathering
is Mapp v. Ohio (1962).
(3) These decisions do not deal with the length of prison sentences. Warren Court decisions
generally expanded the rights of accused; they did not "get tough" on criminals.
(4) Neither of these decisions has to
do with capital punishment. In the case of Furman v. Georgia (1972), the Supreme Court suspended the death penalty
on the grounds that state procedures were "arbitrary" and "cruel." In 1976, the Court approved a resumption of the death penalty
if states revamped their statutes related to death penalty procedures. |
|
3
27. In the Supreme Court cases New Jersey v. T.L.O. and Tinker v. Des
Moines School District, the Court ruled that |
|
| 1. individual student rights are more important than a safe school environment |
3. civil liberties can be both protected and limited in schools |
| 2. students can be expelled from school without a hearing |
4. the Bill of Rights does not apply to minors |
|
3 Two Supreme Court decisions demonstrated that civil liberties can be both protected and limited in
public schools. Students have some constitutional rights, but not to the same extent as adults. In Tinker v. Des
Moines School District (1969) the Supreme Court ruled that schools couldn't violate students' rights to freedom of expression
as long as the students didn't materially disrupt the educational process. Two Tinker children were suspended for wearing
black armbands in school to protest the war in Vietnam. The Court ruled the suspension improper because the armbands were
a form of symbolic speech protected by the 1st Amendment. The Court said, "Students do not shed their constitutional rights
at the schoolhouse gate." In New Jersey v. T.L.O. (1985), the Supreme Court ruled that school authorities need
only a "reasonable suspicion" to conduct a search of a student's property whereas police need the higher standard of "probable
cause" to violate a person's 4th Amendment right to protection against unreasonable search and seizure. The Court said that
it was proper for a vice-principal to have searched the handbag of T.L.O. who had been caught smoking in a school lavatory
in violation of school rules. The search revealed not only cigarettes, but also marijuana and evidence of drug dealing.
WRONG
CHOICES EXPLAINED:
(1) The two cases imply that students have constitutional rights, but that a safe school environment
is more important. The Tinker children did not threaten a safe school environment, so they retained their right to freedom
of expression. However, a student using a bullhorn to express a point of view could be stopped because the action is disruptive.
Drug use and dealing is a threat to the school environment. To maintain a safe school, school authorities have the right to
search students' persons, pockets, and lockers if they suspect wrongdoing.
(2) Goss v. Lopez (1975) established
that students are entitled to a hearing before, or immediately after, being suspended from school. The Court ruled that education
is a property right that cannot be denied without due process.
(4) The cases cited in this question and other Supreme Court
decisions have established that minors have rights, but not to the same extent as adults. |
|
1
28. In the case Schenck v. United States (1919), the United States Supreme
Court settled the issue of limits on individual freedoms during wartime by establishing the |
|
| 1. clear and present danger test |
3. separate but equal doctrine |
| 2. states' rights principle |
4. popular sovereignty principle |
|
1 Schenck v. United States (1919) established the clear and present danger test to authorize
a limit on free speech during wartime. Schenck had been arrested during World War I for conspiring to print and circulate
information encouraging young men to avoid the military draft or for servicemen to be insubordinate or mutiny. Schenck argued
that his 1st Amendment right to freedom of speech was violated. The Supreme Court unanimously ruled that during wartime the
nation could suppress speech that undermined the war effort. The Court argued that Schenck's speech was a clear and present
danger to the nation.
WRONG CHOICES EXPLAINED:
(2) The states' rights issue was dormant from the end of the
Civil War until opposition developed to the Civil Rights movement in the 1950s.
(3) The separate but equal doctrine regarding
racial segregation was established by Plessy v. Ferguson in 1896 and overturned by Brown v. Topeka
Board of Education in 1954.
(4) The popular sovereignty principle was not established by any Supreme Court decisions.
That the people are sovereign is the basis of the Declaration of Independence and the United States Constitution. |
|
2
29. The Supreme Court decisions in Mapp v. Ohio, Gideon v. Wainright,
and Miranda v. Arizona all expanded |
|
| 1. integration of public facilities |
3. presidential powers |
| 2. rights of the accused |
4. equality in the workplace |
|
2 Three major Supreme Court decisions in the 1960s expanded the rights of the accused. In Mapp
v. Ohio (1961), the Supreme Court ruled that police had to get a search warrant (unless in hot pursuit) to enter a
person's home without permission. Miss Mapp's conviction for possessing obscene material was reversed because the evidence
was found during a search conducted without a court order. The decision upheld the 4th Amendment right to be secure in one's
home unless police have a valid search warrant. In Gideon v. Wainwright (1963), the Supreme Court ruled that
Clarence Gideon was wrongfully convicted of a burglary because an attorney did not represent him. The 6th Amendment guarantees
the right to counsel; however, Florida provided attorneys for poor defendants only in death sentence cases. The Supreme Court
said that all defendants have the right to counsel regardless of the level of the crime and that the states are obligated
to provide counsel to poor defendants. Miranda v. Arizona (1966) expanded the rights of the accused by establishing
that defendants must be advised of their right to an attorney and their right to remain silent when being questioned by the
police. The decision was based on the 5th and 6th Amendments to the Constitution.
WRONG CHOICES EXPLAINED:
(1)
Racial integration of public facilities was based on Brown v. Topeka Board of Education (1954) and the Civil
Rights Act of 1964.
(3) Presidential powers have been expanded by legislation, custom, and a number of other Supreme Court
cases. These three cases limit the powers of state and local authorities.
(4) Equality in the workplace is guaranteed by
the Civil Rights Act of 1964, which bans discrimination in employment based on race or gender. |
|
3
30. The Supreme Court decision in Roe v. Wade (1973) was based on the constitutional
principle of |
|
| 1. protection of property rights |
3. right to privacy |
| 2. freedom of speech |
4. freedom of religion |
|
3 In the Roe v. Wade decision (1973), the Supreme Court declared that states shall not prohibit
women from having an abortion during the first two trimesters of pregnancy. Previously the decision had been left to the states,
and many states forbade abortions. The Supreme Court reasoned that the Constitution guaranteed people the right to privacy.
Abortion, they argued, was a decision that should be left to the woman with the advice of her physician. This decision echoed
the reasoning of an earlier decision, Griswold v. Connecticut (1965), in which the Court ruled that laws forbidding
the use of birth control devices were unconstitutional. The issue of abortion has proved to be one of the most contentious
issues in America in the late 20th and early 21st centuries.
WRONG CHOICES EXPLAINED:
(1) Property rights
was not an issue in Roe v. Wade. Property rights has been at the center of cases involving government use of eminent
domain and zoning decisions.
(2) Abortion is not a free speech issue.
(4) Even though the debate around abortion has
religious overtones, especially on the antiabortion or pro-life side, the case of Roe v. Wade does not touch on the
right to practice religion freely. |
|
2
31. ". . . Congress shall have power . . . to make all Laws which shall be necessary and
proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government
of the United States. . . ." This statement from the United States Constitution is the source of |
|
| 1. veto power |
3. judicial review |
| 2. implied powers |
4. states' rights |
|
2 This passage from the Constitution is the last item in Article I, Section 8, which lists the powers
of Congress. It is the source of implied powers by stating that Congress has the power to make all laws necessary to carry
out its enumerated powers. It is also called the elastic clause. Under this power, Congress created a national bank to carry
out its enumerated power to coin money and to regulate railroads, wages and working conditions in some industries, and radio
and television broadcasts under its enumerated power to regulate interstate commerce.
WRONG CHOICES EXPLAINED:
(1)
The veto power is specified in Article I, Section 7, of the Constitution. It provides that every bill passed by the Senate
and House of Representatives must be submitted to the president who may veto it. The two houses of Congress may override the
veto by a two-thirds vote.
(3) Judicial review is not provided for in the Constitution. However, the Supreme Court assumed
the power to consider the constitutionality of laws and of the actions of the other two branches of government in Marbury
v. Madison (1803).
(4) The concept of states' rights is based on the 10th Amendment to the Constitution, which
reserves powers not specifically granted to Congress to the states. It also is based on some political leaders' interpretations
of the federal system of government. Some leaders in the past argued that states are sovereign governments that can nullify
federal actions that are contrary to the interests of the states. |
|
3
32. The Supreme Court cases of Tinker v. Des Moines and New Jersey
v. TLO involved the issue of |
|
| 1. freedom of the press |
3. the rights of students in school |
| 2. freedom of religion |
4. the rights of prison inmates |
|
3 Tinker v. Des Moines and New Jersey v. TLO involved the rights of students
in public schools. Students had long questioned whether they as minors in public schools had the same constitutional rights
as adults. The Supreme Court decisions in the two cases established that they have some, but not all, of the same rights.
In the Tinker case, two students were suspended in 1965 for wearing black armbands to school to protest the Vietnam
War despite being told not to by school administrators. The Supreme Court ruled that the suspension was improper because students
had the right to freedom of speech, including symbolic speech, guaranteed by the 1st Amendment as long as there was no substantial
interference with the educational process. The Court further said that "students do not shed their constitutional rights at
the schoolhouse gate." In TLO v. New Jersey, the Supreme Court ruled that students have fewer rights under the
4th Amendment than adults. A school administrator had searched the purse of a girl caught smoking. In the search, he found
not only cigarettes, but also marijuana and evidence of drug dealing. The student claimed that the search was a violation
of the 4th Amendment protection against unreasonable search. The Supreme Court ruled that because of the nature of a school,
administrators have the right to conduct a search of a suspicious student if they have reasonable cause whereas police are
held to a higher standard of probable cause in conducting a search in a criminal investigation.
WRONG CHOICES EXPLAINED:
(1)
and (2) Other court cases and administrative rulings have involved the issues of freedom of press and freedom of religion
in public schools.
(4) The Tinker and TLO cases apply only to students in public schools, not to prison inmates
who have fewer constitutional rights than students. |
|
3
33. The due process clause in the 5th Amendment and the right to an attorney in the 6th
Amendment were designed to |
|
| 1. protect freedom of expression |
3. ensure fair treatment for those accused of crimes |
| 2. assure that laws are properly enacted |
4. provide for judicial review of laws |
|
3 The 5th and 6th Amendments help to protect the rights of those accused of crimes. The 5th Amendment
states that no person "shall be deprived of life, liberty, or property without due process of law." For those accused of crimes,
this means that the government must establish that an existing law has been violated, that police followed proper procedures
in investigating the crime and charging the accused with the crime, and that proper procedures were followed in conducting
the trial against the accused. The 6th Amendment states that "In all criminal prosecutions, the accused shall . . . have the
assistance of counsel in his defense." This has been interpreted by the Supreme Court to mean that defendants in any criminal
proceeding, even relatively minor ones such as misdemeanors, have a right to consult with an attorney before and during a
trial and that if the defendant cannot afford an attorney, the government will provide one.
WRONG CHOICES EXPLAINED:
(1)
Freedom of expression is protected by the 1st Amendment, which provides that "Congress shall make no law . . . abridging the
freedom of speech or of the press; or the right of the people peaceably to assemble; and to petition the government for a
redress of grievances." The protections were extended by the 14th Amendment to bar states from violating freedom of expression.
Freedom of speech has been interpreted by the courts to mean silent speech such as wearing armbands or symbolic speech such
as burning the flag.
(2) The balance of power provisions of the Constitution assure that laws are properly enacted. The
president can veto improperly passed laws and the Supreme Court can declare them to be unconstitutional.
(4) Judicial review
of laws was not provided for in the original Constitution or in the Bill of Rights. The power of judicial review was established
by the Supreme Court in the Marbury v. Madison decision in 1803. |
|
2
34. "We conclude that in the field of public education the doctrine of 'separate but equal'
has no place. Separate educational facilities are inherently unequal."
--Brown v. Board of Education (1954)
Which constitutional idea was the basis for this Supreme
Court decision? |
|
| 1. protection against double jeopardy |
3. freedom of speech |
| 2. equal protection of the law |
4. right of assembly |
|
2 The Supreme Court ruled in Brown v. Board of Education (1954) that segregation of the
races in public schools is inherently unequal and thereby is a violation of the Fourteenth Amendment's equal protection clause.
According to the unanimous decision, "separate but equal" facilities no longer meet the test of fairness and equality required
by the Fourteenth Amendment, which affirms that no state shall "deny to any persons within its jurisdiction the equal protection
of the law."
WRONG CHOICES EXPLAINED:
(1) The double jeopardy clause of the Fifth Amendment protects criminal
defendants from being tried twice for the same crime.
(3) and (4) Freedom of speech and assembly are guaranteed to all
people by the First Amendment, whereas the Brown decision applies only to the racial segregation of children in public
schools. |
|
3
35. Which governmental problem occurred under the Articles of Confederation? |
|
| 1. Congress constantly overrode the President's vetoes. |
3. The states frequently did not cooperate with each other. |
| 2. The Supreme Court issued a series of unenforceable decisions. |
4. The President often ignored the advice of his Cabinet. |
|
3 Under the Articles of Confederation, the federal government had very limited powers. Also, any powers
not specifically given to Congress were reserved to the states. Important powers such as control of commerce with other states
remained with the states. Any laws passed by Congress under the Articles of Confederation had to receive two-thirds of the
votes of the states. Jealously guarding their sovereignty, the states squabbled among themselves and failed to agree on legislation
needed to make the United States a unified, economically viable nation.
WRONG CHOICES EXPLAINED:
(1), (2), and
(4) The Articles of Confederation did not provide for an executive department of a President with a veto power and a cabinet,
nor was there a Supreme Court to review laws. The President of the United States was the person with limited powers chosen
by the one-house Congress to preside over its sessions. |
|
4
36. The writers of the United States Constitution created a federal form of government primarily
to |
|
| 1. limit the powers of the Senate |
3. provide for civilian control over the military |
| 2. develop a criminal justice system |
4. divide power between levels of government |
|
4 The writers of the Constitution created a federal form of government primarily to divide power between
levels of government. They realized that the nation needed a central government with more powers than it held under the Articles
of Confederation, yet they did not want a unitary government with all power held by a central government. The Constitution
establishes a federal system with specific powers granted to the President and Congress of the central government, some powers
denied to the central government, others denied to the states, and some concurrent powers exercised by the central government
and the states.
WRONG CHOICES EXPLAINED:
(1) A federal form of government limits the powers of all three
branches of the federal government, including both houses of Congress.
(2) By 1788 each of the states had developed a criminal
justice system, which they retained under the new Constitution. Most crimes remained under the jurisdiction of state officials
and courts as one of the reserved powers of the states.
(3) Civilian control of the military was one of the many provisions
of the Constitution to prevent a tyranny; however, it was not the basic reason for creating a federal form of government. |
|
2
37. What is a primary role of lobbyists in the political process? |
|
| 1. to draft bills for legislators |
3. to locate citizens willing to run for public office |
| 2. to present the views of special interest groups on proposed legislation |
4. to provide legislators with unbiased information on important issues |
|
2The primary role of lobbyists in the political process is to present the views of special interest groups.
Lobbyists are sometimes called the fourth branch of government because of the major role they play by providing Congress with
information, testifying before congressional committees, making direct appeals to senators and representatives, and contributing
to the political campaigns of those who support their interests.
Wrong Choices Explained:
(1) One of the many
functions of lobbyists is to draft pieces of legislation and then ask supporters in Congress to submit them as their proposals.
However, lobbyists also have many other ways to influence legislation.
(3) As one of their many ways to influence government,
lobbyists may encourage strong supporters to run for political office.
(4) Lobbyists do not provide unbiased information
because they promote a particular point of view; however, they often try to give the impression that their information is
factual and unbiased. |
|
1
38. "The Constitution is as the Supreme Court interprets it."
--President Dwight D. Eisenhower
Which
constitutional principle does this quotation best describe? |
|
| 1. judicial review |
3. federalism |
| 2. reserved powers |
4. concurrent powers |
|
1The quotation describes the constitutional principle of judicial review, established in another significant
Supreme Court decision under the leadership of John Marshall. Marbury v. Madison (1803) established that laws passed by Congress
or actions of the Executive Branch were null and void if they were not authorized by the Constitution, as determined by the
Supreme Court in cases brought before it. The decision expanded the power of the Supreme Court, even though judicial review
was not specifically authorized by the Constitution.
Wrong Choices Explained:
(2) Reserved powers are those powers
retained by the states in accordance with the Ninth and Tenth Amendments to the Constitution. The states exercise those powers
not specifically delegated to Congress by Article 1, Section 8, and to the President by Article 2, Section 2, or powers not
specifically forbidden to the states by Article 1, Section 10.
(3) Federalism means that the United States is a government
of states that retain some powers and responsibilities while a central government exercises other powers and responsibilities.
(4)
Concurrent powers are powers exercised by both the states and the central government. Both states and the federal government
can levy taxes and establish court systems to try those who violate their laws. |
|
2
39. President Thomas Jefferson used the implied powers of the Constitution when he |
|
| 1. expressed support for states rights |
3. started the Republican Party |
| 2. purchased the Louisiana Territory |
4. founded the University of Virginia |
|
2 President Jefferson used a power specified by Article 2, Section 2 of the Constitution when he purchased
the Louisiana Territory from France in 1803. A strict constructionist, Jefferson was aware that the Constitution did not specifically
authorize the federal government to purchase territory. However, he justified the purchase by asserting that his power to
negotiate treaties with foreign powers implied the right to purchase territory from them by treaty. The Senate ratified the
treaty with France to confirm the Louisiana Purchase.
WRONG CHOICES EXPLAINED:
(1) Jefferson supported states
rights based on his interpretation that the Ninth and Tenth Amendments to the Constitution strictly limited the powers of
the federal government to those designated by the Constitution. (3) Thomas Jefferson became the de facto leader of the Republican
Party in the 1790s before he was elected President. It was a role neither authorized nor implied by the Constitution. (4)
As a private citizen Thomas Jefferson founded the University of Virginia in 1819, ten years after he left the presidency. |
|
3
40. Which United States Supreme Court decision assured accused persons the right to be informed
of certain constitutional rights at the time of their arrest? |
|
| 1. Engel v. Vitale |
3. Miranda v. Arizona |
| 2. Baker v. Carr |
4. Gideon v. Wainwright |
|
3 The Supreme Court decision in Miranda v. Arizona (1966) established that the Fifth, Sixth, and Fourteenth
Amendments guarantee defendants' rights to remain silent during questioning by the police and to consult with an attorney
while under arrest. Miranda was convicted of violent crimes based, in part, on a confession obtained under police questioning
without his being advised of his constitutional rights. His conviction was overturned by the Supreme Court. Since 1966, police
recite what has come to be called the "Miranda Rights" when arresting suspects. Defendants are advised of their right to remain
silent, that anything they say may be used against them in court, the right to consult with an attorney, and the right to
be provided with an attorney if they cannot afford one.
WRONG CHOICES EXPLAINED:
(1) Engel v. Vitale (1962)
confirmed the First Amendment prohibition against government establishment of religion. (2) The Supreme Court ruled in Baker
v. Carr (1962) that legislative districts for elections to state legislatures must conform to the "one person, one vote" rule
by being approximately equal in population. Legislative reapportionment was required by the equal protection of the law clause
in the Fourteenth Amendment. (4) In Gideon v. Wainwright (1963), the Supreme Court established that states must provide poor
defendants with attorneys to help them in their defense against even minor crimes. The Sixth Amendment right to counsel was
extended to the states by the due process clause of the Fourteenth Amendment. |
|
2
41. Throughout United States history, the Supreme Court has developed several principles
such as "clear and present danger" and "wall of separation between church and state." These principles show that |
|
| 1. the states have been allowed to apply their individual interpretation to the Bill of Rights |
3. the application of the Bill of Rights has been consistent since the 1790s |
| 2. judicial review has been used to clarify issues concerning civil liberties |
4. civil rights are clearly defined in the Constitution |
|
2 Judicial review, meaning the right of the Supreme Court to rule on the constitutionality of laws and
actions of the federal government, has clarified civil liberties issues. In Schenk v. United States (1919) the Supreme Court
ruled that the exercise of freedom of speech guaranteed by the First Amendment may be limited, especially in time of war,
if it creates a "clear and present danger" to the government. A decision in Engel v. Vitale (1962) affirmed the principle
of separation of church and state in the First Amendment by striking down a New York State law that required public school
students to recite a nondenominational prayer daily.
WRONG CHOICES EXPLAINED:
(1) In Marbury v. Madison (1803)
the Supreme Court asserted the right to be the final interpreter of the Constitution. Interpretations by state legislatures
and courts are subject to review by the Supreme Court. (3) The application of the Bill of Rights has not been consistent.
At times the Supreme Court has overturned decisions made by earlier courts. States had violated the doctrine of separation
of church and state from 1790 to 1962 by requiring prayers and Bible readings in schools. (4) Civil rights are broadly stated
general principles in the Constitution to accommodate to changing times. It is up to the courts to decide what is or is not
constitutional because no freedom is absolute. |
|
3
42. Which document is best described as a statement of democratic principles rather than
a framework for government? |
|
| 1. Albany Plan of Union |
3. Declaration of Independence |
| 2. Articles of Confederation |
4. United States Constitution |
|
3 The Declaration of Independence is a statement of democratic principles. The first two paragraphs present
the theory that governments derive their right to rule from the people because they created it to preserve their God-given
rights. The declaration further argues that the people have the right to overthrow governments that abuse their rights. The
remainder of the declaration is a list of reasons why the American colonists believed the British government was a tyranny
that violated their rights.
WRONG CHOICES EXPLAINED:
(1) The Albany Plan of Union was proposed by an Albany
Congress in 1754 as a government for the colonies under the king of Great Britain. It provided for a federal system led by
a President-Governor appointed by the king and a legislative council chosen by the colonies. The plan was rejected by the
British government because it gave the colonies too much independence and by the colonies because it didn't give them enough
freedom. (2) and (4) The Articles of Confederation was the framework of the government of the United States from 1781 until
the United States Constitution went into effect in 1789. |
|
4
43. "Senate Fails To Ratify Treaty of Versailles", "President Truman Vetoes Taft-Hartley
Act","Senate Rejects Nomination of Robert Bork to Supreme Court". These headlines illustrate the constitutional principle
of |
|
| 1. republicanism |
3. due process of law |
| 2. executive privilege |
4. separation of powers |
|
4 The headlines refer to the separation of powers. Article II, Section 2 of the Constitution gives the
Senate the power to ratify or reject, as they did with the Treaty of Versailles, a treaty recommended to them by the President.
Article I, Section 7 gives the President the power to veto an act of Congress; however, Congress can override the veto by
a two-thirds vote, as happened with the Taft-Hartley Act. Article II, Section 2 also gives the Senate the power to approve
nominees to the Supreme Court. In 1987, the Senate refused to accept President Reagan's nomination of Robert Bork to the Supreme
Court.
WRONG CHOICES EXPLAINED:
(1) Republicanism is a general concept of government. The three headlines refer
to specific events and powers of branches of government. (2) Executive privilege is not a constitutional principle. It is
an implied right of the executive branch to withhold certain information from Congress. It is not a factor in the events of
the three headlines. (3) Due process of law is a right of the people specified in the Fifth and Fourteenth Amendments. It
is not a factor in the events of the three headlines. |
|
3
44. Federalism is best described as the |
|
| 1. authority to make and enforce decisions based on a written constitution |
3. divisions of power between a national government and state governments |
| 2. difference in the function of the public and private sectors of the economy |
4. use of checks and balances between the three branches of government |
|
3 Federalism is a division of powers between a national government and state governments. Under the concept
of federalism, state governments that existed before a national government was established surrendered only some of their
powers and responsibilities to a central government. The Constitution embodies the concept of federalism by granting some
powers to Congress, denying other powers to Congress, and denying some powers to the states. The Tenth Amendment to the Constitution
affirms the concept of federalism by reserving to the states all powers not delegated to Congress, nor prohibited to the states.
WRONG CHOICES EXPLAINED:
(1) Many nations, such as France and Italy, have written constitutions, but do not
have a federal system because all power is in the national legislature. Conversely, the United States had a form of a federal
system during the Revolutionary War when there was no constitution, yet the Continental Congress exercised limited powers
for all the former colonies while state governments exercised others. (2) Federalism refers only to divisions of power between
levels of government. It has no application to private versus government functions. (4) Separation of powers refers to the
division of powers among the three branches of the national government; however, federalism refers only to the division of
responsibilities between the federal government and state governments. |
|
4
45. Which statement from the United States Constitution is referred to as the elastic clause? |
|
| 1. 'All legislative powers herein granted shall be vested in a Congress of the United States. ...' |
3. 'All bills for raising revenue shall originate in the House of Representatives. ...' |
| 2. 'Congress shall make no law respecting an establishment of religion. ...' |
4. 'Congress shall have power ... to make all laws which shall be necessary and proper for carrying into execution
the foregoing powers. ...' |
|
4 The elastic clause is the last paragraph of Article I, Section 8 of the Constitution. This article
lists specific powers granted to Congress and concludes with the "power ... to make all laws which shall be necessary and
proper for carrying into execution the foregoing powers." It is called the elastic clause because it can be stretched to give
powers to Congress not specified. For example, the power in Section 8 "to coin money, regulate the value thereof" was expanded
by the elastic clause to permit establishment of the National Bank and the Federal Reserve System.
WRONG CHOICES
EXPLAINED:
(1) After the preamble, the Constitution begins with Article I, Section 1 to create a legislative body and
specifies the composition and election of the House of Representatives and the Senate.
(2) The prohibition against establishment
of religion is part of the 1st Amendment to the Constitution, whereas the elastic clause is in the basic document.
(3)
Article I, Section 7 provides that all revenue bills must originate in the House of Representatives. This is a specific power
granted to one house of the legislature, not to the Congress as a whole. The elastic clause refers to powers of both houses
of Congress. |
|
1
46. Which action illustrates the president's power as commander in chief? |
|
| 1. ordering American troops into a foreign country |
3. entertaining a foreign leader at the White House |
| 2. appointing the secretary of state |
4. delivering the State of the Union address |
|
1 Article II, Section 2 of the Constitution states that "the President shall be commander in chief of
the army and navy," Presidents exercise that power when they send troops into a foreign country, as President Bush did in
2001 when armed forces were sent to Afghanistan to defeat the Taliban government that sheltered international terrorists.
WRONG
CHOICES EXPLAINED:
(2) and (3) Article II, Section 2 of the Constitution also gives the president power to make treaties
and appoint ambassadors and officers of the executive department. These provisions give the president primary responsibility
for foreign policy which is exercised by appointing a secretary of state to help direct policy and by meeting with foreign
leaders at the White House to discuss foreign policy.
(4) Article II, Section 3 of the Constitution requires the president
to "give to the Congress information on the state of the union." Most presidents have chosen to satisfy this provision by
speaking directly to Congress once a year; however, the earliest presidents sent Congress a written message. |
|
3
47. What has been the most frequent criticism of the electoral college system? |
|
| 1. An excessive number of third-party candidates have been encouraged to run for office. |
3. The person who wins the popular vote has not always been chosen as President. |
| 2. Electors frequently ignore the vote of the people. |
4. The electors are not chosen by political parties. |
|
3 A frequent criticism of the electoral college system is that the person who wins the popular vote is
sometimes not elected President. This happened in the election of 1824 when Andrew Jackson had more votes than the other candidates,
but the House of Representatives chose John Quincy Adams to be President. Also, in the election of 1876, Samuel Tilden had
more popular votes than Rutherford B. Hayes, yet Hayes became President when disputed electoral votes were awarded to him.
WRONG
CHOICES EXPLAINED:
(1) The electoral college system discourages third party candidates because the winner in each state
is awarded all of the electoral votes of that state. In most elections, third party candidates have little impact on the final
outcome of the election.
(2) With few exceptions, electors vote for the candidate they pledged to support during the campaign.
Electors are political party representatives rather than independent agents when they meet in the electoral college.
(4)
Slates of electors are selected by the political parties to vote for the candidate endorsed by the political party when the
electoral college meets to choose a President and Vice President. |
|
1
48. The main political function of lobbyists for special interest groups is to |
|
| 1. influence public officials to support or oppose specific programs |
3. nominate candidates for elective offices |
| 2. provide a source of unbiased information for legislators |
4. simplify the process of developing and passing laws |
|
1 Lobbyists for special interest groups encourage public officials to support or oppose specific programs.
Lobbyists meet privately with officials, provide information, rally public support, and offer campaign contributions to convince
officials to act in a manner beneficial to the interest groups they represent. Lobbyists can serve a useful function representing
groups and companies by exercising their constitutional right to petition the government. However, they can abuse their rights
when they threaten officials with political retribution and offer illegal contributions.
WRONG CHOICES EXPLAINED:
(2)
Information provided by lobbyists may be useful, but biased. Officials must balance information provided by lobbyists on opposing
sides of an issue.
(3) Lobbyists may try to influence the nominating process by making campaign contributions; however,
that is not their main function.
(4) Lobbyists complicate the law-making process because officials must evaluate biased
information provided by lobbyists. |
|
1
49. What is an example of the unwritten constitution in the United States? |
|
| 1. system of political parties |
3. guarantee of freedom of religion |
| 2. operation of checks and balances |
4. sharing of power between state and national governments |
|
1 The system of political parties is an example of the unwritten constitution. The unwritten constitution
includes those organizations and procedures basic to the operation of government, but not included in the Constitution. The
Constitution makes no mention of political parties, nor does it provide for a means of nominating candidates for federal office.
Political parties developed outside the structure of government to meet that need.
WRONG CHOICES EXPLAINED:
(2),
(3), and (4) are specifically provided for within the Constitution. The Constitution provides for checks and balances by giving
Congress certain powers in Article 1, Section 8, the President certain powers in Article 2, Section 2, and establishes an
independent judiciary in Article 3. Freedom of religion is guaranteed by the 1st Amendment to the Constitution. Federalism,
or the sharing of powers by the states and the federal government, is provided for by the 10th Amendment. |
|
2
50. "There can be no liberty if the same man or the same group has executive, legislative,
and judicial control."
Which political idea would the author of this statement most likely support? |
|
| 1. States rights |
3. socialism |
| 2. separation of powers |
4. federalism |
|
2 The statement supports the concept of separation of powers. It assumes that by dividing executive,
legislative, and judicial power among different persons or groups, each would be able to check the other from exercising abusive
or tyrannical power. Separation of powers was a major principle that strongly influenced the writing of the Constitution.
WRONG
CHOICES EXPLAINED:
(1) and (4) States' rights and federalism are different concepts that influenced the writing of
the Constitution. By establishing that states have rights and that the United States government is a federation of states
under a central government, the Founding Fathers developed another means of preventing the establishment of a tyranny.
(3)
Socialism is primarily an economic, not a political, system. The author of the statement would oppose socialism because it
could only be established by a government strong and united enough to deny certain property rights. |
|
TOMORROW'S TEST WILL BE BASED ON THE PRE-TEST BELOW. GOOD LUCK!
Foundations Of Gov'T Pre-Test
Mr Eisenberg |
TEACHER ANSWER KEY
May 27, 2008 |
|
2
1. The Declaration of Independence contributed to the political development of the United
States by |
|
| 1. condemning the practice of slavery |
3. providing the nation with a strong bill of rights |
| 2. presenting a clear statement of the social contract theory of government |
4. demonstrating the need for a strong chief executive |
|
2 The Declaration of Independence contributed to the political development of the United States by clearly
stating the social contract theory of government. The Declaration of Independence followed the teachings of English philosopher
John Locke by stating that government is established by a compact among the people to protect their interests and that, if
government abuses their interests, the people may rebel and replace it.
WRONG CHOICES EXPLAINED:
(1) The Declaration
of Independence made no mention of slavery. To have done so would have divided the colonies rather than unite them against
Great Britain.
(3) The Declaration of Independence did not include a bill of rights, though it asserted that Great Britain
had abused the rights of the colonists. A bill of rights properly belongs in a constitution establishing a form of government.
(4)
The Declaration of Independence condemned what the colonists believed were abuses of power committed by the English king.
The colonists were hostile to the concept of strong executive power. |
|
3
2. The primary purpose of the Declaration of Independence was to |
|
| 1. establish a basic set of laws for the United States |
3. state the reasons for the American Revolution |
| 2. strengthen colonial ties with England |
4. demand freedom of speech and of the press |
|
3 The primary purpose of the Declaration of Independence was to state the reasons why the colonies wanted
to declare their freedom from Great Britain. The first part of the Declaration presents a philosophical basis for revolution
by stating that people have natural rights to life, liberty, and happiness; that governments are formed to protect those rights;
and that the people have a right to rebel if those rights are abused. The second part of the Declaration presents a specific
list of abuses inflicted upon the colonists by the government of King George III.
WRONG CHOICES EXPLAINED:
(1)
The basic set of laws for the United States was established first by the Articles of Confederation in 1781 and then by the
Constitution in 1789.
(2) The Declaration of Independence stated why the colonial ties with Great Britain should be severed.
(4)
The Declaration of Independence does not specifically include freedom of the press and speech as reasons for wanting to separate
from Great Britain, though it can be inferred that they are among the natural rights of people. |
|
3
3. Base your answer on the statements below and on your knowledge of social studies.
Speaker
A:
We favor the Virginia Plan, in which representation is based on population. States with more people should have more
representation.Speaker B:
Slaves should be counted because they are an important part of our state populations, and Congress should not be able
to stop us from importing slaves to work on our plantations.Speaker C:
We delegates from the small states insist upon a legislature in which each state receives equal representation.Speaker
D:
Congress should tax imports so that foreign goods will not be cheaper than our manufactured products.
Which
document addressed the concerns of all of these speakers? |
|
| 1. Declaration of Independence |
3. United States Constitution |
| 2. Articles of Confederation |
4. Missouri Compromise |
|
3 The Constitution addresses the concerns of all four speakers. Speaker A wanted a legislature like the
House of Representatives with representation based on population so that large states would have more power than small states.
Speaker B wanted slaves to be counted in allocating representation in the House of Representatives to increase the
number of representatives from slave states in the government. The Constitution included a compromise that counted slaves
as three-fifths of a person for counting slaves in the state's population. Another compromise blocked Congress from legislating
to ban the slave trade for 20 years. Speaker C wanted representation in Congress to be the same as in the Congress
under the Articles of Confederation. This speaker wanted equal representation to increase the powers of small states. Speaker
D represented business interests in the Northeast who wanted a tax on imports so that foreign manufactured goods would
not be cheaper than U.S.-made goods. The Constitution included another compromise that allowed a tax on imports but banned
a tax on exports, a provision favored by farmers who didn't want the price of sending farm products overseas increased.
WRONG
CHOICES EXPLAINED:
(1) and (2) The Declaration of Independence and the Articles of Confederation were written years
before these concerns were raised at the Constitutional Convention in 1787.
(4) The Missouri Compromise was a specific
law written by Congress in 1820, more than 30 years after the Constitution was ratified. |
|
1
4. Base your answer on the statements below and on your knowledge of social studies.
Speaker
A:
We favor the Virginia Plan, in which representation is based on population. States with more people should have more
representation.Speaker B:
Slaves should be counted because they are an important part of our state populations, and Congress should not be able
to stop us from importing slaves to work on our plantations.Speaker C:
We delegates from the small states insist upon a legislature in which each state receives equal representation.Speaker
D:
Congress should tax imports so that foreign goods will not be cheaper than our manufactured products.
The
conflict between the statements of Speakers A and C was resolved by |
|
| 1. creating a two-house legislature |
3. maintaining a balance in Congress between the slave states and the free states |
| 2. delegating most governing power to the states |
4. passing a group of constitutional amendments to protect individual rights |
|
1 The conflict between Speakers A and C were resolved by the Connecticut or Great Compromise
that created a two-house legislature, a Senate with equal representation from each state, and a House of Representatives with
representation based on population.
WRONG CHOICES EXPLAINED:
(2) The Constitutional Convention was called
because many believed that the Articles of Confederation that left most power of government in the hands of the states was
inadequate.
(3) A balance in Congress was maintained by the three-fifths compromise because some Southern states feared
that the more populous North would be dominant unless slaves were counted in the populations of slave states. Technically
there were no free states because slavery was legal in most Northern states, though it was uncommon.
(4) All the positions
taken by the four speakers were resolved by compromises in writing the basic Constitution in 1787. The adoption of the Bill
of Rights was a compromise to convince some reluctant states to ratify the Constitution. |
|
2
5. The United States Constitution corrected one of the major weakness of the Articles of
Confederation by |
|
| 1. granting the right of universal suffrage |
3. increasing the power of state governments |
| 2. giving the national government the power to collect taxes |
4. establishing a policy for the admission of new states |
|
2 Article I, Section 8 of the United States Constitution gives Congress "the power to lay and collect
taxes, duties, imposts, and excises" to raise money needed to provide for the defense and the welfare of the nation. This
provision corrected a major flaw in the Articles of Confederation that required Congress to ask the states for money to support
the activities of the national government. This provision limited the effectiveness of the national government because Congress
did not know if it would have enough money to pay for laws it passed.
WRONG CHOICES EXPLAINED:
(1) Neither the
original United States Constitution nor the Articles of Confederation provided for universal suffrage. Both left decisions
up to the states about who could vote. The states denied the right to vote to women and slaves and gave the right to vote
only to white males who owned property. (3) A major weakness of the Articles of Confederation was that it gave too much power
to the states, a flaw that left the national government unable to function effectively. (4) Article IV, Section 3 of the Constitution
provides for the admission of new states from the territories; however, the Northwest Ordinance of 1787, adopted when the
United States was governed under the Articles of Confederation, had already established criteria and procedures for the admission
of new states. |
|
4
6. At the Constitutional Convention of 1787, a major conflict between delegates centered
on the issue of |
|
| 1. giving women the right to vote |
3. setting the length of the President's term of office |
| 2. structuring the Federal court system |
4. determining the basis for representation in Congress |
|
4 A major conflict developed during the Constitutional Convention of 1787 over the basis for representation
in Congress. Small states wanted a unicameral legislature with one vote for each state, as was the case under the Articles
of Confederation. Large states wanted representation based on population in order to increase their power in the legislature.
The Great Compromise, also known as the Connecticut Compromise, resolved the conflict by proposing a two-house legislature
that consisted of a Senate with two Senators for each state and a House of Representatives with representation based on population.
WRONG CHOICES EXPLAINED:
(1) The question of giving women the right to vote was not considered at the Constitutional
Convention. The prevailing attitude at the time was that women lacked the understanding of public issues to vote intelligently.
(2) The structure of the federal court system was not a major issue at the Constitutional Convention. The delegates agreed
on the need for a federal court system; however, they only specifically provided for a Supreme Court in Article III, Section
1 and left it up to Congress to set up a system of lower courts. (3) The length of the term of office of the President was
not a major issue; however, there was considerable discussion over the means by which a President should be selected. |
|
1
7. Which statement best expresses the meaning of the opening words of the United States
Constitution, "We the people..."? |
|
| 1. Sovereignty is derived from the consent of the governed. |
3. Federal laws are subject to popular referendum. |
| 2. All citizens are guaranteed freedom of speech. |
4. Americans favor unrestricted immigration. |
|
1 The opening words in the Preamble to the Constitution, "We, the people..." imply that the national
government gets its right to rule from the people. This concept is consistent with the Declaration of Independence that stated
that "governments are instituted among men, deriving their just powers from the consent of the governed..." The concept of
popular sovereignty was commonly accepted among educated people who were influenced by Enlightenment philosophers.
WRONG
CHOICES EXPLAINED:
(2) The Preamble to the Constitution states the reasons for establishing the Constitution. It does
not specify rights of individuals or powers of the government. (3) Federal laws are not subject to public referendum. In a
republic, elected representatives are chosen to make the laws. (4) The Preamble does not presume to identify attitudes of
the people on any issue. |
|
3
8. Federalism is best described as the |
|
| 1. authority to make and enforce decisions based on a written constitution |
3. divisions of power between a national government and state governments |
| 2. difference in the function of the public and private sectors of the economy |
4. use of checks and balances between the three branches of government |
|
3 Federalism is a division of powers between a national government and state governments. Under the concept
of federalism, state governments that existed before a national government was established surrendered only some of their
powers and responsibilities to a central government. The Constitution embodies the concept of federalism by granting some
powers to Congress, denying other powers to Congress, and denying some powers to the states. The Tenth Amendment to the Constitution
affirms the concept of federalism by reserving to the states all powers not delegated to Congress, nor prohibited to the states.
WRONG CHOICES EXPLAINED:
(1) Many nations, such as France and Italy, have written constitutions, but do not
have a federal system because all power is in the national legislature. Conversely, the United States had a form of a federal
system during the Revolutionary War when there was no constitution, yet the Continental Congress exercised limited powers
for all the former colonies while state governments exercised others. (2) Federalism refers only to divisions of power between
levels of government. It has no application to private versus government functions. (4) Separation of powers refers to the
division of powers among the three branches of the national government; however, federalism refers only to the division of
responsibilities between the federal government and state governments. |
|
4
9. "Senate Fails To Ratify Treaty of Versailles", "President Truman Vetoes Taft-Hartley
Act","Senate Rejects Nomination of Robert Bork to Supreme Court". These headlines illustrate the constitutional principle
of |
|
| 1. republicanism |
3. due process of law |
| 2. executive privilege |
4. separation of powers |
|
4 The headlines refer to the separation of powers. Article II, Section 2 of the Constitution gives the
Senate the power to ratify or reject, as they did with the Treaty of Versailles, a treaty recommended to them by the President.
Article I, Section 7 gives the President the power to veto an act of Congress; however, Congress can override the veto by
a two-thirds vote, as happened with the Taft-Hartley Act. Article II, Section 2 also gives the Senate the power to approve
nominees to the Supreme Court. In 1987, the Senate refused to accept President Reagan's nomination of Robert Bork to the Supreme
Court.
WRONG CHOICES EXPLAINED:
(1) Republicanism is a general concept of government. The three headlines refer
to specific events and powers of branches of government. (2) Executive privilege is not a constitutional principle. It is
an implied right of the executive branch to withhold certain information from Congress. It is not a factor in the events of
the three headlines. (3) Due process of law is a right of the people specified in the Fifth and Fourteenth Amendments. It
is not a factor in the events of the three headlines. |
|
2
10. The United States Government is considered a federal system because |
|
| 1. national laws must be passed by both houses of Congress |
3. the states are guaranteed a republican form of government |
| 2. powers are divided between the state and national governments |
4. the President is selected by the electoral college |
|
2 The United States is a federal system of government because the states retain some powers while the
central government exercises others. Each state has its own elected government with the powers to tax, maintain a police force,
provide social services, and regulate the economy within the state. The federal government also has the power to tax, but
exercises powers denied to the states, such as to negotiate with foreign nations, provide for national defense, and regulate
commerce among states.
WRONG CHOICES EXPLAINED:
(1) Federalism refers to the division of powers between the
states and the national government. The provision in the Constitution that laws for the national government must be passed
by both houses of Congress refers only to the structure and the powers of the federal government. (3) Though the Constitution
guarantees the states a republican form of government, this provision does not divide powers between state governments and
the federal government. (4) The election of the President by the electoral college takes place in the national government
without dividing powers between state governments and the national government. |
|
3
11. The United States Constitution grants certain powers only to the federal government.
For example, only Congress can declare war. These powers are called |
|
| 1. police powers |
3. delegated powers |
| 2. reserved powers |
4. concurrent powers |
|
3 The power of Congress to declare war is a delegated power because it is specifically given to Congress
by Article I, Section 8 of the Constitution. Delegated powers are those powers specifically conferred on the President or
Congress.
WRONG CHOICES EXPLAINED:
(1) Police powers are the generally understood powers of any government to
maintain order and protect the health, safety, and welfare of the people. Police powers include the right to arrest and try
those accused of crimes and to punish the guilty. (2) All powers of government, except those delegated to the Congress or
the President by the Constitution or denied to the states by Article I, Section 10 of the Constitution, are reserved to the
states. This principle was affirmed by the Tenth Amendment to the Constitution. (4) Concurrent powers are powers exercised
by the states and by the federal government. They include the right to levy taxes, borrow money, build roads, maintain courts,
and exercise police powers. |
|
1
12. What is the main idea of the cartoon? |
 |
|
| 1. Different branches of the federal government have disagreed about important constitutional issues. |
3. The federal government operates without any real checks and balances. |
| 2. The wishes of the President should not have been opposed by the United States Supreme Court. |
4. Issues related to the church-state relationship no longer create controversy in the United States. |
|
1 The cartoon shows that different branches of the federal government can disagree on major constitutional
issues. President Reagan believed that the Supreme Court decision in Engel v. Vitale (1962) was wrong. The court had ruled
that public schools may not require students to pray because it was a violation of the First Amendment principle of separation
of church and state. When the Supreme Court reaffirmed that principle in Wallace v. Jaffee (1985), President Reagan proposed
that the Constitution should be amended to allow prayer in the public schools.
WRONG CHOICES EXPLAINED:
(2)
The cartoon takes no position regarding who is correct on the issue of separation of church and state. It only shows that
President Reagan wanted to close the separation between church and state, whereas the Supreme Court wanted to maintain it.
(3) The cartoon shows checks and balances in operation. The Supreme Court checks the power of the President by its interpretation
of the Constitution. (4) The cartoon shows that church-state relations created controversy during President Reagan's term.
The issues of school prayer and abortion are still matters of controversy. |
|
4
13. Which historical event best demonstrates the operation of checks and balances? |
|
| 1. President George Washington used the army to suppress a tax rebellion by Pennsylvania farmers. |
3. President Dwight D. Eisenhower sent federal troops to enforce the integration of public schools in Little
Rock, Arkansas. |
| 2. South Carolina seceded from the Union over the issues of slavery and states rights. |
4. The Senate approved the appointment of Clarence Thomas to the Supreme Court. |
|
4 The operation of checks and balances was shown when the Senate approved the appointment of Clarence
Thomas to the Supreme Court after he was nominated by President Bush. Checks and balances are the power of one branch of government
to prevent another branch from taking an action it disapproves of. Article II, Section 2 of the Constitution provides that
nominations made by the President for Justices of the Supreme Court must be approved by the Senate. A Senate hearing was held
because of charges of sexual harassment against Mr. Thomas made by a former subordinate. His nomination was approved by a
narrow 52-48 vote by the Senate.
WRONG CHOICES EXPLAINED:
(1) President George Washington used his power as
commander in chief to suppress a rebellion against a tax on whiskey. Neither of the other two branches of government had the
power to block his action. (2) South Carolina seceded from the Union in the belief that it was exercising its right as a state
in a federal system of government. President Lincoln opposed secession because the Constitution makes no provision for states
to withdraw from the Union. (3) President Eisenhower sent troops to Little Rock, Arkansas to enforce federal court orders
requiring the integration of public schools. He was carrying out his obligation to enforce the law. |
|
4
14. The Articles of Confederation created a |
|
| 1. republic with a chief executive |
3. government with legislative and judicial branches |
| 2. strong central government |
4. league of free and independent states |
|
4 The Articles of Confederation created a league of free and independent states. The Articles of Confederation
came into effect in 1781 as the first government of the United States when it was ratified by the last of the thirteen states.
Article 2 states that "Each state shall retain its sovereignty, freedom, and independence and every power, jurisdiction, and
right which is not by this confederation expressly delegated to the United States in Congress assembled."
WRONG CHOICES
EXPLAINED:
(1) The republic created by the Articles of Confederation lacked a chief executive with the powers to enforce
laws and treaties enacted by the Congress. A President was chosen mostly to preside over the Congress. (2) The Articles of
Confederation created a very weak central government because it was feared that a strong government would threaten the liberties
of the people. (3) The United States under the Articles of Confederation had no judicial branch. The only branch of government
was the legislature, a Congress made up of delegates appointed by the states. |
|
2
15. Throughout United States history, the Supreme Court has developed several principles
such as "clear and present danger" and "wall of separation between church and state." These principles show that |
|
| 1. the states have been allowed to apply their individual interpretation to the Bill of Rights |
3. the application of the Bill of Rights has been consistent since the 1790s |
| 2. judicial review has been used to clarify issues concerning civil liberties |
4. civil rights are clearly defined in the Constitution |
|
2 Judicial review, meaning the right of the Supreme Court to rule on the constitutionality of laws and
actions of the federal government, has clarified civil liberties issues. In Schenk v. United States (1919) the Supreme Court
ruled that the exercise of freedom of speech guaranteed by the First Amendment may be limited, especially in time of war,
if it creates a "clear and present danger" to the government. A decision in Engel v. Vitale (1962) affirmed the principle
of separation of church and state in the First Amendment by striking down a New York State law that required public school
students to recite a nondenominational prayer daily.
WRONG CHOICES EXPLAINED:
(1) In Marbury v. Madison (1803)
the Supreme Court asserted the right to be the final interpreter of the Constitution. Interpretations by state legislatures
and courts are subject to review by the Supreme Court. (3) The application of the Bill of Rights has not been consistent.
At times the Supreme Court has overturned decisions made by earlier courts. States had violated the doctrine of separation
of church and state from 1790 to 1962 by requiring prayers and Bible readings in schools. (4) Civil rights are broadly stated
general principles in the Constitution to accommodate to changing times. It is up to the courts to decide what is or is not
constitutional because no freedom is absolute. |
|
3
16. Which United States Supreme Court decision assured accused persons the right to be informed
of certain constitutional rights at the time of their arrest? |
|
| 1. Engel v. Vitale |
3. Miranda v. Arizona |
| 2. Baker v. Carr |
4. Gideon v. Wainwright |
|
3 The Supreme Court decision in Miranda v. Arizona (1966) established that the Fifth, Sixth, and Fourteenth
Amendments guarantee defendants' rights to remain silent during questioning by the police and to consult with an attorney
while under arrest. Miranda was convicted of violent crimes based, in part, on a confession obtained under police questioning
without his being advised of his constitutional rights. His conviction was overturned by the Supreme Court. Since 1966, police
recite what has come to be called the "Miranda Rights" when arresting suspects. Defendants are advised of their right to remain
silent, that anything they say may be used against them in court, the right to consult with an attorney, and the right to
be provided with an attorney if they cannot afford one.
WRONG CHOICES EXPLAINED:
(1) Engel v. Vitale (1962)
confirmed the First Amendment prohibition against government establishment of religion. (2) The Supreme Court ruled in Baker
v. Carr (1962) that legislative districts for elections to state legislatures must conform to the "one person, one vote" rule
by being approximately equal in population. Legislative reapportionment was required by the equal protection of the law clause
in the Fourteenth Amendment. (4) In Gideon v. Wainwright (1963), the Supreme Court established that states must provide poor
defendants with attorneys to help them in their defense against even minor crimes. The Sixth Amendment right to counsel was
extended to the states by the due process clause of the Fourteenth Amendment. |
|
2
17. Which aspect of the American political system was most influenced by the ideas of John
Locke and Baron de Montesquieu? |
|
| 1. executive control of foreign policy |
3. government regulation of the economy |
| 2. limitations on the power of government |
4. creation of the electoral college |
|
2The European political philosophers, John Locke and Baron de Montesquieu, influenced the American political
system by writing that the powers of government should be limited. Locke claimed in The Second Treatise on Government that
the power of government is derived from the people, who have the natural right to protect their lives, liberty, and property.
He further argued that the people have the right to rebel against governments that violate their natural rights. Locke's ideas
had a strong influence on the Declaration of Independence. Montesquieu, in The Spirit of Laws, proposed that the best way
to limit the power of government is to divide the powers of government among three branches so that no one branch could establish
a tyranny. His ideas influenced the writing of the United States Constitution.
Wrong Choices Explained:
(1) Neither
Locke nor Montesquieu defined what particular powers should be exercised by different branches of government, though it can
be inferred that Montesquieu expected that determining foreign policy would be an executive power.
(3) Neither Locke nor
Montesquieu supported government regulation of the economy, which did not become a feature of the American political system
until a century after the Constitution was written.
(4) The electoral college was a unique creation of the Founding Fathers
of the Constitution as a compromise between those who supported a monarchy and those who favored direct election of a President. |
|
2
18. Which principle of government is proposed in the Declaration of Independence? |
|
| 1. Political power originates with a strong central government. |
3. A system of checks and balances is the most effective way to prevent governmental abuse of power. |
| 2. The primary function of government is to protect natural rights. |
4. Individual liberties must be guaranteed by a strong bill of rights. |
|
2The Declaration of Independence included the proposition derived from John Locke that the function of
government is to protect natural rights. Government derives its power from the people who formed the civil government as a
social contract to protect their natural rights.
Wrong Choices Explained:
(1) and (3) The Declaration of Independence
does not propose that the central government should be strong or that it should contain checks and balances. According to
John Locke, the primary check on the power of government was the right of the people to overthrow it if it became a tyranny.
The main purpose of the Declaration was to enumerate the reasons why the colonies had a right to separate from Great Britain,
not to describe a form of government for the independent colonies.
(4) The Declaration of Independence refers only to the
natural right of the people to protect "Life, Liberty, and the Pursuit of Happiness." It does not further define natural rights,
whereas the Bill of Rights specifies those rights of citizens to freedom of expression and protection against injustice that
the government cannot abridge. |
|
3
19. "We, the people of the United States, in order to form a more perfect union, establish
justice, . . . and secure the blessings of liberty . . . do ordain and establish this Constitution for the United States of
America.
--Preamble to the United States Constitution
This quotation from the Preamble illustrates the constitutional
principle that people |
|
| 1. have a right to a trial by jury |
3. are the true source of political power |
| 2. are guaranteed an adequate standard of living |
4. have the right to assemble |
|
3The Preamble to the Constitution also shows the influence of the writings of John Locke in that it proclaims
that the people of the United States have formed the government whose form and powers are described by the Constitution.
Wrong
Choices Explained:
(1) and (4) Neither the Preamble nor the original Constitution specifies the rights that are among
the "blessing of Liberty." The Bill of Rights, added after the Constitution went into effect, provides for the right to a
trial by jury and the right to assemble.
(2) There is a clause in the Preamble omitted in the question that states that
government should "promote the general Welfare." It does not further define general welfare; however, government leaders more
than a century later interpreted it to mean a responsibility of government to protect the economic interests of the people. |
|
1
20. A system of checks and balances was included in the United States Constitution because
the authors were concerned about |
|
| 1. one branch of government becoming too strong |
3. the people having a voice in government |
| 2. the states having too much power |
4. the military gaining control of the United States |
|
1 A system of checks and balances was included in the Constitution to prevent any one branch of government
from becoming too powerful. Remembering that the Revolutionary War was fought to free themselves from a tyranny, the Founding
Fathers did not want to create a new one. To that end, the three branches of government--executive, legislative, and judicial--were
granted powers to block the other two branches from becoming tyrannical. The President can veto laws passed by Congress; however,
Congress can override the veto with a two-thirds vote. Congress can impeach members of the judicial and executive branches
who abuse their powers and remove them from office if convicted in a trial. The President, Vice President, and members of
Congress are elected for specific terms and must periodically go back to the voters to remain in office. However, members
of the judiciary have lifetime terms of office to insulate them from political pressures in rendering their decisions.
WRONG
CHOICES EXPLAINED:
(2) The system of checks and balances refers only to the federal government. The powers of the states
are limited in the Constitution by Article I, Section 10, which forbids certain powers to the states, and by Section 8, which
defines the broad powers of the federal government. However, states retained considerable powers to tax, police powers, and
control of intrastate commerce and the health, safety, and welfare of their citizens.
(3) Giving people a voice in government
was part of the grand design of the Constitution to prevent a tyranny. However, the Founding Fathers had enough distrust of
democracy that they gave the people a direct voice only in electing members of the House of Representatives. The President
was to be selected by an electoral college and the members of the Senate by state legislatures.
(4) The military is part
of the executive branch of government. The Constitution provides for civilian control of the military by making the President
commander-in-chief of the armed forces. Congress exerts influence on the armed forces by control of the military budget. |
|
4
21. The writers of the United States Constitution created a federal form of government primarily
to |
|
| 1. limit the powers of the Senate |
3. provide for civilian control over the military |
| 2. develop a criminal justice system |
4. divide power between levels of government |
|
4 The writers of the Constitution created a federal form of government primarily to divide power between
levels of government. They realized that the nation needed a central government with more powers than it held under the Articles
of Confederation, yet they did not want a unitary government with all power held by a central government. The Constitution
establishes a federal system with specific powers granted to the President and Congress of the central government, some powers
denied to the central government, others denied to the states, and some concurrent powers exercised by the central government
and the states.
WRONG CHOICES EXPLAINED:
(1) A federal form of government limits the powers of all three
branches of the federal government, including both houses of Congress.
(2) By 1788 each of the states had developed a criminal
justice system, which they retained under the new Constitution. Most crimes remained under the jurisdiction of state officials
and courts as one of the reserved powers of the states.
(3) Civilian control of the military was one of the many provisions
of the Constitution to prevent a tyranny; however, it was not the basic reason for creating a federal form of government. |
|
2
22. What is the primary constitutional principle exemplified by the United States Senate's
rejection of a treaty? |
|
| 1. federalism |
3. States rights |
| 2. checks and balances |
4. executive privilege |
|
2 The constitutional principle shown when the Senate rejects a treaty is that of checks and balances.
Article II, Section 2 of the Constitution gives the President the power to negotiate treaties and conduct foreign affairs.
However, the same article provides that treaties must be ratified by two-thirds of the Senate. Thus, the Senate is given the
power to check the power of the President by turning down a treaty that it believes is not in the best interests of the nation.
This happened in 1919, when the Senate rejected the Treaty of Versailles that established the League of Nations.
WRONG
CHOICES EXPLAINED:
(1) and (3) Negotiating and ratifying treaties are exclusively the province of the federal government.
Federalism refers to the system of government that provides for some powers to be exercised by the states, whereas others
are reserved for the federal government. States have no rights when it comes to making treaties with other nations. (4) Executive
privilege is not a constitutional principle. It is an assumed right that the executive department may keep its internal correspondence
confidential. |
|
2
23. Which statement regarding the United States Supreme Court is valid? |
|
| 1. The power of the Supreme Court has lessened over the last 100 years. |
3. Presidential programs have consistently received favorable rulings from the Supreme Court. |
| 2. Supreme Court ruling usually reflect the attitudes of the times in which they are made. |
4. All bills must be approved by the Supreme Court before they become laws. |
|
2 Supreme Court rulings often reflect the attitudes of the times. In 1954, the Court reversed its Plessy
v. Ferguson (1896) ruling that permitted racial segregation as long as separately provided facilities were equal. A factor
in the reversal was that the national conscience viewed legally authorized segregation to be morally wrong. In Brown v. Topeka
Board of Education (1954), the court ruled that segregation was inherently unequal and, therefore, an unconstitutional violation
of equal protection of the laws.
WRONG CHOICES EXPLAINED:
(1) The power of the Supreme Court has increased in
the past one hundred years. Only in the 20th century did the Supreme Court apply the Fourteenth Amendment of the Constitution
to strike down state laws that violated the rights guaranteed by the Bill of Rights. States could no longer require racial
segregation, search homes without a warrant, or force confessions from suspects. (3) Programs initiated by presidents are
often hindered by Supreme Court rulings that declare their programs unconstitutional. A number of President Franklin D. Roosevelt's
key New Deal laws were made invalid by Supreme Court rulings. Trust-busting activities during Theodore Roosevelt's administration
were slowed because of Supreme Court rulings that favored big business. (4) Bills must be submitted to the President, not
the Supreme Court, before they became law. However, once a law is approved by Congress and the President, any individual may
challenge the constitutionality of the law in the courts. |
|
1
24. Which idea had a major influence on the authors of the Articles of Confederation? |
|
| 1. A strong central government threatens the rights of people and the states. |
3. Three branches of the government are needed to protect liberty. |
| 2. All of the people must be granted the right to vote. |
4. The central government must have the power to levy taxes and to control trade. |
|
1 The authors of the Articles of Confederation feared that a strong central government could threaten
the rights of the people and the states. The Articles of Confederation were drafted by a committee of the Constitutional Convention
and ratified in 1781 while the colonies were still at war with Great Britain. The colonies had rebelled against the tyranny
of the British king. Their delegates to the Constitutional Convention were unwilling to create a new strong central government
that might endanger the freedoms the states were fighting for.
WRONG CHOICES EXPLAINED:
(2) Few political thinkers
of the 18th century believed that all persons should have the right to vote. Voting in Great Britain and in the colonies had
been restricted to free males who owned property. The movement to expand the right to vote developed in the 19th century.
(3) The authors of the Articles of Confederation created a one-house legislature with no executive branch or judiciary. They
believed that they protected liberty by limiting the powers and size of the central government. (4) The authors of the Articles
of Confederation limited the power of the national Congress by denying it the right to levy taxes and to control trade. Congress
had to ask states to contribute funds to support its operations. States were free to develop their own trade policies with
other states and foreign nations. |
|
2
25. Which document was being written when this discussion most likely occurred? |
 |
|
| 1. Declaration of Independence |
3. Covenant of the League of Nations |
| 2. United States Constitution |
4. Charter of the United Nations |
|
2 The speakers represent different points of view expressed during the Constitutional Convention of 1787
to draft a new Constitution for the United States. Speakers A, B, and D express different opinions about representation in
Congress. Speaker C advocates a very strong central government, a position rejected by the delegates.
WRONG CHOICES
EXPLAINED:
(1) The Declaration of Independence was written before there was any discussion about the structure and
powers of the government that the colonies would form after they gained their freedom from Great Britain. (3) and (4) The
Covenant of the League of Nations and the Charter of the United Nations include provisions for representation of nations in
an international organization, whereas the speakers are considering the powers and structure of a national government for
the thirteen original states of the United States. |
|
3
26. Which United States governmental principle includes the concepts of reserved powers,
delegated powers, and concurrent powers? |
|
| 1. the amending process |
3. federalism |
| 2. judicial review |
4. the unwritten constitution |
|
3 Federalism means sharing powers between the states and the central government. Powers reserved to the
states include the establishment of marriage and divorce laws, conduct of elections, and regulation of commerce within the
state. Powers delegated to the central government are enumerated in Article I, Section 8 of the Constitution. They include
the right to coin money, raise and support armed forces, and regulate foreign and interstate commerce. Concurrent powers,
such as the right to levy and collect taxes, borrow money, and establish courts, are exercised by both the states and the
federal government.
WRONG CHOICES EXPLAINED:
(1) The amending process is the means by which the Constitution,
the basic law of the land, can be changed. Though amending the Constitution requires both state and federal action, it is
not a concurrent power. (2) Judicial review is not a government principle included in the Constitution. However, the Supreme
Court in Marbury v. Madison (1803) ruled that the right of the Supreme Court to interpret the Constitution and rule on the
constitutionality of laws passed by Congress is implied by the Constitution. (4) The unwritten Constitution refers to principles
and practices basic to the functioning of the national government, but not included in the Constitution. Among these are the
political party system and national conventions to choose candidates for President and Vice President. |
|
1
27. Which statement best explains why critics have called for a change in the electoral
college system? |
|
| 1. A person who did not receive the largest percentage of the popular votes can be elected President. |
3. Electors often vote for candidates not listed on the ballot. |
| 2. The system is a threat to the two-party system. |
4. States with small populations have greater influence on Presidential elections than more populated states
do. |
|
1 Critics have called for a change in the electoral college system because a candidate who did not receive
the greatest number of popular votes could become President, as happened in 1876. Democratic Party candidate Samuel Tilden
received a majority of the popular votes; however, he fell one vote short of an electoral vote majority because some ballots
were contested. A commission established by a Republican-controlled Congress gave all the contested ballots to Republican
candidate Rutherford B. Hayes, who then had an electoral vote majority. In the 1960 contest between Richard Nixon and John
Kennedy, Nixon could theoretically have won with a popular vote minority had there been a shift in only a few thousand votes
in key states.
WRONG CHOICES EXPLAINED:
(2) One of the reasons why proposals to eliminate the electoral vote
system have not been accepted is that ending the winner-take-all approach of the electoral college system could undermine
the two-party system. (3) Electors almost always vote for the candidate they are pledged to support. Some states require them
to do so by law. (4) Under the electoral college system, states with larger populations have a greater influence on presidential
elections than small states do. Under the winner-take-all principle, a candidate could win California by a very small minority
and receive all of its 54 electoral votes while winning by a large popular vote in Vermont, but gaining only three electoral
votes. Therefore, candidates concentrate their campaigns in large states. |
|
3
28. Which governmental problem occurred under the Articles of Confederation? |
|
| 1. Congress constantly overrode the President's vetoes. |
3. The states frequently did not cooperate with each other. |
| 2. The Supreme Court issued a series of unenforceable decisions. |
4. The President often ignored the advice of his Cabinet. |
|
3 Under the Articles of Confederation, the federal government had very limited powers. Also, any powers
not specifically given to Congress were reserved to the states. Important powers such as control of commerce with other states
remained with the states. Any laws passed by Congress under the Articles of Confederation had to receive two-thirds of the
votes of the states. Jealously guarding their sovereignty, the states squabbled among themselves and failed to agree on legislation
needed to make the United States a unified, economically viable nation.
WRONG CHOICES EXPLAINED:
(1), (2), and
(4) The Articles of Confederation did not provide for an executive department of a President with a veto power and a cabinet,
nor was there a Supreme Court to review laws. The President of the United States was the person with limited powers chosen
by the one-house Congress to preside over its sessions. |
|
1
29. "The accumulation of all powers, legislative, executive, and judicial, in the same hands
. . . may justly be pronounced the very definition of tyranny." The writers of the United States Constitution intended to
prevent the situation described in this quotation by |
|
| 1. developing a system of checks and balances |
3. establishing political parties |
| 2. relying on an electoral college |
4. including the implied powers clause |
|
1 The quotation expressed the ideas of Baron de Montesquieu, the French Enlightenment philosopher, who
wrote that the way to prevent tyranny was to separate power into three different branches of government: a legislature to
make the laws, an executive to administer them, and a judiciary to judge violations of the laws. The writers of the Constitution
applied Montesquieu's principles by providing for an executive branch led by a President, Congress as the legislative branch,
and a Supreme Court at the head of an independent judiciary. Each branch of government was given specific powers, including
powers to check the powers of the other branches. The system of checks and balances was devised to prevent the development
of a tyrannical form of government.
WRONG CHOICES EXPLAINED:
(2) The electoral college was devised to choose
only the President and the Vice President, the executive branch of government. The quotation refers to all three branches.
(3) Political parties are not mentioned in the Constitution. (4) The implied powers clause (Article I, Section 8) of the Constitution
refers only to the powers of the legislative branch. The quotation considers all three branches. |
|
2
30. Under the United States Constitution, the states are given the power to |
|
| 1. issue paper money |
3. negotiate treaties with foreign nations |
| 2. provide for education |
4. regulate interstate commerce |
|
2 The power to provide for education is among the reserved powers of the states under the Ninth and Tenth
Amendments to the Constitution. Because Congress is not specifically empowered to provide for education in Article I, Section
8, it remains one of the reserved powers of the states. States have the basic power to regulate education; however, the federal
government provides financial aid to education if the states agree to follow federal guidelines and has forced states to comply
with the equal protection of the laws of doctrine of the Fourteenth Amendment.
WRONG CHOICES EXPLAINED:
(1),
(3), and (4) The states are specifically forbidden to coin money, negotiate treaties with foreign nations, and regulate imports
and exports by Article I, Section 9 of the Constitution. Article I, Section 8 gives those powers to Congress. |
|
Constitutional Convention
Mr Eisenberg |
TEACHER ANSWER KEY
May 20, 2008 |
|
1
1. Which idea had a major influence on the authors of the Articles of Confederation? |
|
| 1. A strong central government threatens the rights of people and the states. |
3. Three branches of the government are needed to protect liberty. |
| 2. All of the people must be granted the right to vote. |
4. The central government must have the power to levy taxes and to control trade. |
|
1 The authors of the Articles of Confederation feared that a strong central government could threaten
the rights of the people and the states. The Articles of Confederation were drafted by a committee of the Constitutional Convention
and ratified in 1781 while the colonies were still at war with Great Britain. The colonies had rebelled against the tyranny
of the British king. Their delegates to the Constitutional Convention were unwilling to create a new strong central government
that might endanger the freedoms the states were fighting for.
WRONG CHOICES EXPLAINED:
(2) Few political thinkers
of the 18th century believed that all persons should have the right to vote. Voting in Great Britain and in the colonies had
been restricted to free males who owned property. The movement to expand the right to vote developed in the 19th century.
(3) The authors of the Articles of Confederation created a one-house legislature with no executive branch or judiciary. They
believed that they protected liberty by limiting the powers and size of the central government. (4) The authors of the Articles
of Confederation limited the power of the national Congress by denying it the right to levy taxes and to control trade. Congress
had to ask states to contribute funds to support its operations. States were free to develop their own trade policies with
other states and foreign nations. |
|
2
2. Which document was being written when this discussion most likely occurred? |
|
|
| 1. Declaration of Independence |
3. Covenant of the League of Nations |
| 2. United States Constitution |
4. Charter of the United Nations |
|
2 The speakers represent different points of view expressed during the Constitutional Convention of 1787
to draft a new Constitution for the United States. Speakers A, B, and D express different opinions about representation in
Congress. Speaker C advocates a very strong central government, a position rejected by the delegates.
WRONG CHOICES
EXPLAINED:
(1) The Declaration of Independence was written before there was any discussion about the structure and
powers of the government that the colonies would form after they gained their freedom from Great Britain. (3) and (4) The
Covenant of the League of Nations and the Charter of the United Nations include provisions for representation of nations in
an international organization, whereas the speakers are considering the powers and structure of a national government for
the thirteen original states of the United States. |
|
1
3. At the Constitutional Convention of 1787, a major obstacle to drafting a new constitution
was the |
|
| 1. disagreement between the states over representation in Congress |
3. delegates' lack of talent and lack of government experience |
| 2. controversy over the separation between church and state |
4. hostility of the Federalists |
|
1 A major controversy developed at the Constitutional Convention in 1787 regarding representation in
Congress. Small states, such as New Jersey and Rhode Island, wanted Congress to be a single-chamber legislature in which states
had equal representation, as in the Congress under the Articles of Confederation. Large states, such as Virginia and Massachusetts,
wanted representation in the single-chamber legislature to be more equitably based on population. The controversy was resolved
by the Connecticut plan, a proposal to create a two-chamber legislature made up of a Senate with equal representation for
each state and a House of Representatives with the size of a state's delegation based on their population.
WRONG CHOICES
EXPLAINED:
(2) Separation of church and state was not a major issue at the Constitutional Convention. Many state legislatures
had already included the principle of freedom of religion in their own constitutions. Under pressure from a number of states,
the concept was later included in the Bill of Rights as a condition for their ratification of the Constitution. (3) The delegates
to the Constitutional Convention were among the best educated, knowledgeable, and politically experienced men in the United
States. Many had served in the Continental Congress and as leaders in their state governments. (4) The Federalists were major
supporters of a strong central government at the Constitutional Convention. They were among the writers of the Federalist
Papers that argued for ratification of the proposed Constitution. |
|
4
4. Which historical event best demonstrates the operation of checks and balances? |
|
| 1. President George Washington used the army to suppress a tax rebellion by Pennsylvania farmers. |
3. President Dwight D. Eisenhower sent federal troops to enforce the integration of public schools in Little
Rock, Arkansas. |
| 2. South Carolina seceded from the Union over the issues of slavery and states rights. |
4. The Senate approved the appointment of Clarence Thomas to the Supreme Court. |
|
4 The operation of checks and balances was shown when the Senate approved the appointment of Clarence
Thomas to the Supreme Court after he was nominated by President Bush. Checks and balances are the power of one branch of government
to prevent another branch from taking an action it disapproves of. Article II, Section 2 of the Constitution provides that
nominations made by the President for Justices of the Supreme Court must be approved by the Senate. A Senate hearing was held
because of charges of sexual harassment against Mr. Thomas made by a former subordinate. His nomination was approved by a
narrow 52-48 vote by the Senate.
WRONG CHOICES EXPLAINED:
(1) President George Washington used his power as
commander in chief to suppress a rebellion against a tax on whiskey. Neither of the other two branches of government had the
power to block his action. (2) South Carolina seceded from the Union in the belief that it was exercising its right as a state
in a federal system of government. President Lincoln opposed secession because the Constitution makes no provision for states
to withdraw from the Union. (3) President Eisenhower sent troops to Little Rock, Arkansas to enforce federal court orders
requiring the integration of public schools. He was carrying out his obligation to enforce the law. |
|
1
5. Which statement best expresses the meaning of the opening words of the United States
Constitution, "We the people..."? |
|
| 1. Sovereignty is derived from the consent of the governed. |
3. Federal laws are subject to popular referendum. |
| 2. All citizens are guaranteed freedom of speech. |
4. Americans favor unrestricted immigration. |
|
1 The opening words in the Preamble to the Constitution, "We, the people..." imply that the national
government gets its right to rule from the people. This concept is consistent with the Declaration of Independence that stated
that "governments are instituted among men, deriving their just powers from the consent of the governed..." The concept of
popular sovereignty was commonly accepted among educated people who were influenced by Enlightenment philosophers.
WRONG
CHOICES EXPLAINED:
(2) The Preamble to the Constitution states the reasons for establishing the Constitution. It does
not specify rights of individuals or powers of the government. (3) Federal laws are not subject to public referendum. In a
republic, elected representatives are chosen to make the laws. (4) The Preamble does not presume to identify attitudes of
the people on any issue. |
|
4
6. "Senate Fails To Ratify Treaty of Versailles", "President Truman Vetoes Taft-Hartley
Act","Senate Rejects Nomination of Robert Bork to Supreme Court". These headlines illustrate the constitutional principle
of |
|
| 1. republicanism |
3. due process of law |
| 2. executive privilege |
4. separation of powers |
|
4 The headlines refer to the separation of powers. Article II, Section 2 of the Constitution gives the
Senate the power to ratify or reject, as they did with the Treaty of Versailles, a treaty recommended to them by the President.
Article I, Section 7 gives the President the power to veto an act of Congress; however, Congress can override the veto by
a two-thirds vote, as happened with the Taft-Hartley Act. Article II, Section 2 also gives the Senate the power to approve
nominees to the Supreme Court. In 1987, the Senate refused to accept President Reagan's nomination of Robert Bork to the Supreme
Court.
WRONG CHOICES EXPLAINED:
(1) Republicanism is a general concept of government. The three headlines refer
to specific events and powers of branches of government. (2) Executive privilege is not a constitutional principle. It is
an implied right of the executive branch to withhold certain information from Congress. It is not a factor in the events of
the three headlines. (3) Due process of law is a right of the people specified in the Fifth and Fourteenth Amendments. It
is not a factor in the events of the three headlines. |
|
4
7. At the Constitutional Convention of 1787, a major conflict between delegates centered
on the issue of |
|
| 1. giving women the right to vote |
3. setting the length of the President's term of office |
| 2. structuring the Federal court system |
4. determining the basis for representation in Congress |
|
4 A major conflict developed during the Constitutional Convention of 1787 over the basis for representation
in Congress. Small states wanted a unicameral legislature with one vote for each state, as was the case under the Articles
of Confederation. Large states wanted representation based on population in order to increase their power in the legislature.
The Great Compromise, also known as the Connecticut Compromise, resolved the conflict by proposing a two-house legislature
that consisted of a Senate with two Senators for each state and a House of Representatives with representation based on population.
WRONG CHOICES EXPLAINED:
(1) The question of giving women the right to vote was not considered at the Constitutional
Convention. The prevailing attitude at the time was that women lacked the understanding of public issues to vote intelligently.
(2) The structure of the federal court system was not a major issue at the Constitutional Convention. The delegates agreed
on the need for a federal court system; however, they only specifically provided for a Supreme Court in Article III, Section
1 and left it up to Congress to set up a system of lower courts. (3) The length of the term of office of the President was
not a major issue; however, there was considerable discussion over the means by which a President should be selected. |
|
3
8. Base your answer on the statements below and on your knowledge of social studies.
Speaker
A:
We favor the Virginia Plan, in which representation is based on population. States with more people should have more
representation.Speaker B:
Slaves should be counted because they are an important part of our state populations, and Congress should not be able
to stop us from importing slaves to work on our plantations.Speaker C:
We delegates from the small states insist upon a legislature in which each state receives equal representation.Speaker
D:
Congress should tax imports so that foreign goods will not be cheaper than our manufactured products.
Which
document addressed the concerns of all of these speakers? |
|
| 1. Declaration of Independence |
3. United States Constitution |
| 2. Articles of Confederation |
4. Missouri Compromise |
|
3 The Constitution addresses the concerns of all four speakers. Speaker A wanted a legislature like the
House of Representatives with representation based on population so that large states would have more power than small states.
Speaker B wanted slaves to be counted in allocating representation in the House of Representatives to increase the
number of representatives from slave states in the government. The Constitution included a compromise that counted slaves
as three-fifths of a person for counting slaves in the state's population. Another compromise blocked Congress from legislating
to ban the slave trade for 20 years. Speaker C wanted representation in Congress to be the same as in the Congress
under the Articles of Confederation. This speaker wanted equal representation to increase the powers of small states. Speaker
D represented business interests in the Northeast who wanted a tax on imports so that foreign manufactured goods would
not be cheaper than U.S.-made goods. The Constitution included another compromise that allowed a tax on imports but banned
a tax on exports, a provision favored by farmers who didn't want the price of sending farm products overseas increased.
WRONG
CHOICES EXPLAINED:
(1) and (2) The Declaration of Independence and the Articles of Confederation were written years
before these concerns were raised at the Constitutional Convention in 1787.
(4) The Missouri Compromise was a specific
law written by Congress in 1820, more than 30 years after the Constitution was ratified. |
|
1
9. Base your answer on the statements below and on your knowledge of social studies.
Speaker
A:
We favor the Virginia Plan, in which representation is based on population. States with more people should have more
representation.Speaker B:
Slaves should be counted because they are an important part of our state populations, and Congress should not be able
to stop us from importing slaves to work on our plantations.Speaker C:
We delegates from the small states insist upon a legislature in which each state receives equal representation.Speaker
D:
Congress should tax imports so that foreign goods will not be cheaper than our manufactured products.
The
conflict between the statements of Speakers A and C was resolved by |
|
| 1. creating a two-house legislature |
3. maintaining a balance in Congress between the slave states and the free states |
| 2. delegating most governing power to the states |
4. passing a group of constitutional amendments to protect individual rights |
|
1 The conflict between Speakers A and C were resolved by the Connecticut or Great Compromise
that created a two-house legislature, a Senate with equal representation from each state, and a House of Representatives with
representation based on population.
WRONG CHOICES EXPLAINED:
(2) The Constitutional Convention was called
because many believed that the Articles of Confederation that left most power of government in the hands of the states was
inadequate.
(3) A balance in Congress was maintained by the three-fifths compromise because some Southern states feared
that the more populous North would be dominant unless slaves were counted in the populations of slave states. Technically
there were no free states because slavery was legal in most Northern states, though it was uncommon.
(4) All the positions
taken by the four speakers were resolved by compromises in writing the basic Constitution in 1787. The adoption of the Bill
of Rights was a compromise to convince some reluctant states to ratify the Constitution. |
|
4
10. The lack of a national executive and judiciary under the Articles of Confederation suggests
that the founders of the American Republic |
|
| 1. risked tyranny for the sake of effective national government |
3. prized national unity above the sovereignty of the states |
| 2. copied the British constitution |
4. feared a strong central government |
|
4 The Articles of Confederation was a weak constitution for the new nation after the Revolutionary War
because the citizens feared a strong central government. They had just spent years of fighting to gain their freedom from
what they regarded as the tyranny of King George III. Though they acknowledged the need for some central government, the new
Americans identified more closely with their states and state governments. The Articles of Confederation, ratified in 1781,
was a league of independent states rather than a central government. Its legislature had very limited powers. It lacked an
executive and a judiciary because the states retained the power to administer and interpret the laws.
WRONG CHOICES
EXPLAINED:
(1) The converse is true. The writers of the Articles of Confederation created an ineffective central government
for the sake of opposing a tyranny.
(2) The Articles of Confederation did not copy the British constitution, which evolved
over the centuries from laws and precedents. Great Britain has an unwritten constitution; not a single written basic law.
The writers of the Articles of Confederation did not follow the form of the British government, which has a two house legislature
to make laws and a king and prime minister to administer them. The parliament also serves as the final authority in interpreting
the laws.
(3) Under the Articles of Confederation the states remained sovereign and independent. They surrendered little
authority to a central government. |
|
4
11. The Declaration of Independence and the Bill of Rights are similar in that both |
|
| 1. support a federal system of government |
3. provide for a system of checks and balances |
| 2. maintain the importance of a strong chief executive |
4. support limitations on governmental power |
|
4 The Declaration of Independence and the Bill of Rights are similar in that both support limitations
on government power. The Declaration of Independence lists the various actions taken by the king that the colonists considered
abuses of power. The Declaration asserts that governments receive their right to rule from the consent of the governed and
that the people can take back their consent if government becomes abusive. The Bill of Rights begins with the words "Congress
shall make no law . . . ." The first ten amendments to the Constitution enumerate rights of the people that the government
cannot violate and prevent the government from making laws that violate freedoms of religion, press, speech, and assembly.
WRONG
CHOICES EXPLAINED:
(1) and (3) The federal system of government and the principle of checks and balances are established
in the basic Constitution of the United States written in 1787. The Constitution enumerates the powers of Congress and the
powers denied to the Congress and to the states. It also gives the three branches of government--executive, legislature, and
judiciary--specific powers to check abuses of power by each other.
(2) The Declaration of Independence and the Bill of
Rights limit the powers of a chief executive. The Declaration establishes the right of the people to overthrow an abusive
ruler. The Bill of Rights bans actions by the executive as well as by the legislature that violate specific civil liberties
enumerated in the first ten amendments. |
|
1
12. A system of checks and balances was included in the United States Constitution because
the authors were concerned about |
|
| 1. one branch of government becoming too strong |
3. the people having a voice in government |
| 2. the states having too much power |
4. the military gaining control of the United States |
|
1 A system of checks and balances was included in the Constitution to prevent any one branch of government
from becoming too powerful. Remembering that the Revolutionary War was fought to free themselves from a tyranny, the Founding
Fathers did not want to create a new one. To that end, the three branches of government--executive, legislative, and judicial--were
granted powers to block the other two branches from becoming tyrannical. The President can veto laws passed by Congress; however,
Congress can override the veto with a two-thirds vote. Congress can impeach members of the judicial and executive branches
who abuse their powers and remove them from office if convicted in a trial. The President, Vice President, and members of
Congress are elected for specific terms and must periodically go back to the voters to remain in office. However, members
of the judiciary have lifetime terms of office to insulate them from political pressures in rendering their decisions.
WRONG
CHOICES EXPLAINED:
(2) The system of checks and balances refers only to the federal government. The powers of the states
are limited in the Constitution by Article I, Section 10, which forbids certain powers to the states, and by Section 8, which
defines the broad powers of the federal government. However, states retained considerable powers to tax, police powers, and
control of intrastate commerce and the health, safety, and welfare of their citizens.
(3) Giving people a voice in government
was part of the grand design of the Constitution to prevent a tyranny. However, the Founding Fathers had enough distrust of
democracy that they gave the people a direct voice only in electing members of the House of Representatives. The President
was to be selected by an electoral college and the members of the Senate by state legislatures.
(4) The military is part
of the executive branch of government. The Constitution provides for civilian control of the military by making the President
commander-in-chief of the armed forces. Congress exerts influence on the armed forces by control of the military budget. |
|
1
13. A major argument against granting the President the line-item veto was that it |
|
| 1. violated the principle of checks and balances |
3. encouraged Congress to be wasteful |
| 2. reduced "pork barrel" spending |
4. prevented balanced budgets |
|
1An argument against the line-item veto was that it ignored the principle of checks and balances by giving
the President power to nullify parts of an act of Congress. Congress gave the President power to veto parts of spending bills
in 1996; however, in 1998 the Supreme Court said that the law was unconstitutional because it violated Article 1 of the Constitution,
which outlines the procedures for passing bills. The President must veto or accept a bill in its entirety, not piecemeal.
Wrong Choices Explained:
(2) One of the main arguments for the line-item veto was that it would reduce "pork
barrel" spending. It empowered the President to eliminate provisions of little worth that were inserted into a spending bill
solely to benefit the district of an influential member of Congress.
(3) Congress has been wasteful by including many provisions
of little merit in spending bills. The line-item veto could have eliminated many of these.
(4) A line-item veto could have
helped to develop a balanced budget if the President removed spending items of questionable value. |
|
2
14. Delegates to the Constitutional Convention of 1787 adopted the Great Compromise to settle
differences over |
|
| 1. slavery |
3. interstate trade |
| 2. representation in Congress |
4. taxation |
|
2 Delegates to the Constitutional Convention adopted the Great Compromise to resolve differences over
representation in Congress. New Jersey, supported by other small states, wanted each state to have equal representation, as
in the Congress under the Articles of Confederation. Virginia, supported by other large states, proposed that representation
should be based on population. The delegates from Connecticut proposed what became known as the Great Compromise. Congress
would be a two-chamber legislature with a House of Representatives whose delegations from states would be proportional to
population and a Senate with equal representation from each state.
WRONG CHOICES EXPLAINED:
(1) Slavery was
not mentioned in the Constitution because the delegates to the Constitutional Convention realized that the divisive issue
would ruin any chances for agreement on a proposed Constitution. Indirect references to slavery were made in the three-fifths
compromise over inclusion of slaves in the populations of states for purposes of taxation and representation and in the ban
on legislation to block the slave trade until 1808.
(3) The disruption in trade brought about by states controlling interstate
commerce under the Articles of Confederation led to proposals to revise the Articles or adopt a new Constitution. The delegates
to the Constitutional Convention agreed that the federal government would control interstate commerce while states retained
control over commerce within their boundaries.
(4) Delegates readily agreed that the federal government should have the
right to impose taxes in order to support government operations. They were aware that the government under the Articles of
Confederation was crippled by its dependence on contributions from states to fund its activities. |
|
3
15. "We, the people of the United States, in order to form a more perfect union, establish
justice, . . . and secure the blessings of liberty . . . do ordain and establish this Constitution for the United States of
America.
--Preamble to the United States Constitution
This quotation from the Preamble illustrates the constitutional
principle that people |
|
| 1. have a right to a trial by jury |
3. are the true source of political power |
| 2. are guaranteed an adequate standard of living |
4. have the right to assemble |
|
3The Preamble to the Constitution also shows the influence of the writings of John Locke in that it proclaims
that the people of the United States have formed the government whose form and powers are described by the Constitution.
Wrong
Choices Explained:
(1) and (4) Neither the Preamble nor the original Constitution specifies the rights that are among
the "blessing of Liberty." The Bill of Rights, added after the Constitution went into effect, provides for the right to a
trial by jury and the right to assemble.
(2) There is a clause in the Preamble omitted in the question that states that
government should "promote the general Welfare." It does not further define general welfare; however, government leaders more
than a century later interpreted it to mean a responsibility of government to protect the economic interests of the people. |
|
|
