Benchmark / Benchmark Clarification / Content Focus Term / Cognitive Complexity
2.5 / BC 2
BC 3 / M
Question
(please / The TThe scenario below describes a U.S. Supreme Court decision from 1919.
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The U.S. Supreme Court ruled against a Socialist Party member who was arrested and convicted for distributing a pamphlet during World War I stating that: “The Socialist Party says that…officers of the law … violate the …United States Constitution, the Supreme Law of the Land, when they refuse to recognize your right to assert your opposition to the draft.” The Supreme Court reasoned that the ideas found in the pamphlet represented a “clear and present danger” to the country if supporters of the ideas found in the pamphlet refused to serve in the military.
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Upon which constitutional principle did the U.S. Supreme Court make its decision?
A. / Due process
B. / Executive privilege
C. / Independent judiciary
D. / Freedom of speech
Benchmark / Benchmark Clarification / Content Focus Term / Cognitive Complexity
2.5 / BC 2
BC 3 / Independent judiciary / M
Question
(please / The TThe scenario below describes a U.S. Supreme Court decision from 1919.
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The U.S. Supreme Court ruled against a Socialist Party member who was arrested and convicted for distributing a pamphlet during World War I stating that: “The Socialist Party says that…officers of the law … violate the …United States Constitution, the Supreme Law of the Land, when they refuse to recognize your right to assert your opposition to the draft.” The Supreme Court reasoned that the ideas found in the pamphlet represented a “clear and present danger” to the country if supporters of the ideas found in the pamphlet refused to serve in the military.
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Upon which constitutional principle did the U.S. Supreme Court make its decision? / This question asks students to evaluate the scenario and determine the constitutional principle upon which the U.S. Supreme Court could make its decision.
A. / Due process / Incorrect-The principle of due process is linked to how the government treats persons, such as the accused, to make sure that all proper steps are taken when a person’s life, liberty or property is taken from them.
B. / Executive privilege / Incorrect-This executive branch was not the target of this case. Executive privilege involves the chief executive, such as the president, taking an action that the executive has because he or she is the executive.
C.* / Independent judiciary / Correct-The U.S. Supreme Court is part of the judiciary branch of government, which is separate from the legislative and executive branches. The framers designed the judiciary branch so that it could make independent decisions, such as to evaluate whether the actions of the legislature or the executive are constitutional.
D. / Freedom of speech / Incorrect-The principle of freedom of speech did not apply in this case. The information was found in a pamphlet so the issues involved freedom of the press and not freedom of speech.