American Government 100 Part I

American Government 100 Part I

Patterson, pgs. 40-59, AG3-17

Woll, pgs. 46-50 & pgs. 52-57

Protecting Liberty: Limited Government

True or False Questions

1. Government has the unique characteristic that it alone has the legitimate right to legally arrest, imprison, and even kill people who violate its directives. True or False

2. State legislatures are not allowed to propose amendments to the Constitution. True or False

3. Prior to the Constitution's incorporation, Pennsylvania's legislature proved that the majority of the people would protect the rights of the minority against the abuses of government. True or False

4. Although the president has the power to appoint federal judges, he is dependent upon the Congress for their confirmation. True or False

5. In their wisdom to achieve an effective central government, the framers of the Constitution explicitly granted the judiciary the power of judicial review. True or False

6. By the term democracy, the framers meant a government in which the power of the majority is unlimited, whether exercised directly or through a representative body. True or False

7. The Framers believed that a republican government is superior to a democratic one. True or False

8. The judiciary was an unelected institution that would uphold the rule of law and serve as a check on the elected branches of government. True or False

9. Unlike the House of Representatives, institutions such as the Senate, presidency, and judiciary would not yield to an impassioned majority in a single election. True or False

10. Jefferson was a champion of the common people and had a clear vision of how a popular government might work in practice. True or False

11. Based on the system for electing the president, it is impossible for anyone to serve as chief executive by losing the popular vote. True or False

12. All states have a form of the legislative referendum, but only some states have the initiative and popular referendum. True or False

13. Charles S. Beard finally reversed himself on his claim that the Constitution was designed to protect the interests of the wealthy rather than to promote self-government. True or False

14. The United States schedules the election of its larger legislative chamber, the House, and its chief executive more frequently than does any other democracy. True or False

15. In fact, the link between an electoral majority and a governing majority is less direct in the American system then in nearly all other democratic systems. True or False

Multiple Choice Questions

1. What did history teach the framers of the Constitution? a) government determines the rights of the people, b) there will be times when the people must be allowed to violate the rights of an unruly minority independent of government, c) in times of stress popular majorities have often recklessly trampled on the liberty of others, d) political leaders must be given the flexibility to restrict the natural rights of the people.

2. The principle that individuals should be free to act and think as they choose, provided they do not infringe unreasonably on the freedom and well-being of others: a) freedom, b) liberty, c) sovereignty, d) independence.

3. The power of the courts to declare governmental action null and void when it is found to violate

the Constitution. a) judicial review, b) appellate jurisdiction, c) stare decisis, d) writ of mandamus.

4. Based on Article V of the Constitution, an amendment could be proposed by: a) a majority vote of the Senate, b) a two-thirds vote of the House, c) a majority vote of state legislatures, d) a two-thirds vote of Congress.

5. From the framers of the Constitution point of view, what would limit government’s ability to accumulate too much power? a) the Constitution’s grants and denials of power would suffice, b) the people’s vigilance, c) the public officials themselves would respect the Constitution’s limitations and the laws that are its consequence, d) the division of powers among the separate branches.

6. Why were the Framers opposed to total separation of each branch? a) Because it would weaken the ability of each branch to conduct its governmental responsibilities, b) Because it would make it easier for a single faction to exploit a particular type of political power, c) Because effective power is necessary to achieve efficiency in government, d) History shows that never so few have ever become concerned for so many.

7. No institution can act decisively without the support or acquiescence of the other institutions: a) separation of powers, b) limited government, c) consent of the governed, d) checks and balances.

8. The power of the courts to invalidate actions of the legislative or executive branch: a) judicial sovereignty, b) judicial review, c) judicial activism, d) judicial restraint.

9. Most democracies in the world are: a) presidential forms, b) federal forms, c) parliamentary forms, d) confederations.

10. The president’s power to make treaties and appoint high-ranking officials, for example, is subject to: a) House approval, b) Senate Approval, c) Congress’s approval, d) The president does not need congressional approval.

11. Government could not lawfully engage in actions, such as the suppression of speech that were not authorized by the Constitution: a) reserved powers, b) expressed powers, c) implied powers, d) conditional powers.

12. How did the Adams administration react to the election of Thomas Jefferson in 1800? a) The Federalists shut the government down and refused to allow Jefferson the executive office, b) The Federalists acquiesced, respecting the people's mandate, c) Fearing Jefferson, the Adams Administration created a slew of federal judgeships and appointed loyal Federalists, d) The Adams Administration was able to find a loophole in the Constitution that would assure a Federalist majority in the Senate.

13. A court order that directs an official to take a specific action: a) writ of habeas corpus, b) writ of mandamus, c) writ of adjudication d) writ of adjournment.

14. Why was Marshall’s decision in Marbury ingenious? a) Because it asserted the power of judicial review without creating the possibility of its rejection by either the executive or the legislative branch, b) Because it was able to galvanize public support for creating judicial review without a constitutional crisis, c) Because it allowed Jefferson some wiggle room to not appear weak at a time when the young republic had just been established, d) Because it gave the Federalist Party a victory at a time when it inept.

15. Originally, Senators were selected by: a) the president, b) the people of the state, c) state legislatures, d) special state conventions.

16. How did Andrew Jackson expand the role of popular sovereignty? a) by creating independent political parties, b) by ensuring the election of state legislatures, c) by limiting the number of candidates running for national office, d) by persuading the states to choose presidential electors on the basis of popular voting.

17. Progressive reforms of state and local governments included: a) embrace of partisan caucuses, b) the introduction of the initiative, c) party leaders being able to select representatives, d) their strong support for the electoral college.

18. Citizens place an act of the state legislature on the ballot, which the voters can accept or reject: a) legislative referendum, b) popular rebuttal, c) popular referendum, d) populism mandate.

19. Prior to introduction of the primary system, how were nominees selected for state and federal offices? a) the Constitution stipulated an electoral college, b) the people voted for them, c) state constitutions decided the method, d) party leaders selected them.

20. Which of the following is true in a parliamentary system? a) the legislative and executive powers are separated, b) the judiciary can check the legislative and executive power, c) the legislative and executive power are acquired through winning a legislative majority in national elections, d) the legislative and executive powers are acquired through separate elections for each branch.

Fill-in Questions

1. Congress's lawmaking powers are specifically listed in Article I, section 8, of the Constitution with seventeen, including:

a) the powers to ____,

b) to establish an _____ and navy,

c) to declare ____,

d) to regulate _________ among the states,

e) to create a national _________.

2. Based on Article 1, Section 9, of the Constitution, what are some of the rights of citizens against national government abuse?

a) People have the right of _______ _______, which requires that an individual who is arrested must be brought before a judge or magistrate to be notified of the charges,

b) People are protected against ___ _____ _______ laws, under which citizens would be prosecuted for an act that was not illegal at the time it was committed,

c) People are protected against a _____ ___ __________, which would allow the legislature to determine the punishment for a convicted criminal.

3. How can Congress limit the power of the judiciary? Congress is empowered to

a) determine the _____ of the federal court system;

b) restrict the Supreme Court's __________ jurisdiction in some circumstances;

c) _________ & remove federal judges from office.

d) rewrite ____________ that the courts have misinterpreted

e) initiate ___________.

4. In Marbury v Madison, the Supreme Court declared that:

a) Marbury had a legal right to his ___________,

b) the Constitution prohibits Congress from __________ the Supreme Court's authority except through a constitutional __________.

c) The legislation that provided the authorization was constitutionally _________.

d) President Jefferson had failed in his constitutional duty to ________ the laws faithfully

5. The president would be selected by the following formula:

a) By the votes of electors (the so-called __________ ________).

b) Each state would have the same number of electoral votes as it had members in _________ and

c) could select them by a _______ of the state’s _________.

6. What were the two changes in federal elections instigated by the Progressives?

a) The ________ election, which gave ordinary _______ the power to select party nominees.

b) The second change was the _______ _________ of U.S. senators, who before ratification of the ____________ Amendment (1913) were chosen by ______ _____________.

How Not to Read the Constitution

Woll, pgs. 46-47

1. Based on Locke's social contract between rulers and ruled, what were the three primary natural rights of citizens?

2. Charles Beard argued that the Framers of the Constitution feared the following: a) the creditor interests, b) the debtor majority, c) the agrarian minority, d) property owners.

3. In spite of Madison's mistrust of human nature, he had a positive view of "factions." True or False

The separation of powers, argues Woll, was a constitutional filter through which political demands had to flow before they could be translated into public policies. True or False

4. Alexander Hamilton viewed the following government entity as a central component of the separation of powers that needed to be energetic and effective. a) the Congress, b) the Senate, c) an independent presidency, d) the judiciary.

5. According to Woll, an "imperial presidency" will usually occur during periods of relative political tranquility when the Congress has been "asleep at the helm." True or False

6. During Washington's presidency, Thomas Jefferson argued that the Constitution should be _________ interpreted to limit Congress to its _______ Article 1 powers, which did not allow establishment of a national _____.

7. Secretary of Treasury Alexander Hamilton took a "______" constructionist approach in support of incorporating a national _____. He argues that Article 1 ________ such authority under its ___________ powers to regulate __________ among the states.

How Not to Read the Constitution

Laurence H. Tribe & Michael C. Dorf, pgs. 47-50

1. The Constitution was created to strike what sort of delicate balance? a) property rights and freedom, b) natural law and civil liberties, c) governmental power and individual liberty, d) judicial authority and states' rights.

2. Dependence of government on the people is not enough to prevent tyranny and it is necessary to include the following auxiliary precautions: a) a Bill of Rights, b) an effective military, c) a separation of powers, d) an effective central government.

3. The Eighth Amendment identifies exactly what constitutes cruel and unusual punishment. True or False

4. Article IV in the Constitution requires that the United States shall guarantee to every state: a) a Republican Form of Government, b) a Democratic Form of Government, c) a Limited Form of Government, d) a Government for and by the People.

5. Tribe and Dorf embrace the notion that the Constitution is an infinitely malleable Constitution. True or False

6. According to Tribe and Dorf, the terms "liberty," "due process of law," and "unreasonable searches and seizures" have supporting meanings at opposite ends of virtually any legal, political, or ideological spectrum. True or False

Hamilton, Federalist 16

Woll, pgs. 52-55

1. The Constitution was going to take some power traditionally within the jurisdiction of state governments and give it to the newly constituted national government. True or False

2. Ratified in 1781, the Articles of Confederation proved adequate in meeting the minimum needs of the union. True or False

3. The government of the Articles of Confederation was essentially a league of sovereign states. True or False

4. What were some of the weaknesses in the Articles of Confederation, according to Woll?

a) They had no __________ or _________ authority and was therefore incapable of independent enforcement.

b) National actions were dependent upon the _______ for enforcement.

c) Under Article Two, "each state retains its ____________."

d) There was no power to ____ and to regulate __________.

5. Hamilton believed that the federal government must only be able to act upon state governments and not directly upon the people. True or False

6. By augmenting the authority of the national government, argued Hamilton, would destroy state sovereignty. True or False

7. At the time that ratification of the Constitution was being considered, Hamilton wrote that the states were far more powerful than the proposed national government. True or False

8. Hamilton argues that the resources of the proposed union would not be adequate to maintain an army to enforce its decrees. True or False

9. "A national government," Hamilton stresses, "must be created that would regulate the common concerns with the power to execute its own resolutions." True or False

10. If any state should disagree with the authority of the union, says Hamilton in The Federalist, it could at any time obstruct the execution of its laws. True or False