A Jay B Marshall C Warren D Rehnquist Answer: B Page Ref: 28 Objective: Define judicial review, discuss its political and legal history, explain how it is an important element of the U.S
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Test Bank to accompany
Constitutional Law, Third Edition (Hall/Feldmeier)
Chapter 1 Constitutionalism and Rule of Law
1.1 Multiple-Choice Questions 1) Which of the following Chief Justices of the Supreme Court was responsible for writing the majority opinion in Marbury v Madison, wherein the power of judicial review was announced?
A) Jay B) Marshall C) Warren D) Rehnquist Answer: B Page Ref: 28 Objective: Define judicial review, discuss its political and legal history, explain how
it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world
Level: Basic
2) Under the leadership of which of the following Chief Justices did the Supreme Court render many decisions advancing civil liberties, especially in the criminal context?
A) Jay B) Marshall C) Warren D) Rehnquist Answer: C Page Ref: 46 Objective: Identify the major eras of the Supreme Court in the context of its approach
to federalism
Level: Basic
3) What was William Marbury seeking from the Supreme Court in Marbury v
Madison?
A) Writ of Certiorari B) Writ of Mandamus C) Temporary Restraining Order D) Money Damages
Answer: B Page Ref: 28 Objective: Define judicial review, discuss its political and legal history, explain how
it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world
Level: Basic
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4) During what era of the Court did the justices dramatically expand the liberty protections afforded to individuals under the Fourth Amendment?
A) Taney Court B) Warren Court C) New Deal Era D) Rehnquist Court Answer: B
Page Ref: 46 Objective: Identify the major eras of the Supreme Court in the context of its approach
to federalism
Level: Basic 5) In which era did the U.S Supreme Court begin to expand the powers of the federal government?
A) Marshall Court B) Taney Court C) Pre-New Deal Era D) Rehnquist Court Answer: A
Page Ref: 33 Objective: Identify the major eras of the Supreme Court in the context of its approach
to federalism
Level: Basic 6) Who is the current Chief Justice of the Supreme Court?
A) William Rehnquist B) Sandra Day O'Connor C) John Roberts
D) Antonin Scalia Answer: C
Page Ref: 48 Objective: Identify the major eras of the Supreme Court in the context of its approach
to federalism
Level: Basic 7) In which case did the U.S Supreme Court assert the power of judicial review over the decisions of the states' high courts?
A) Marbury v Madison B) United States v Nixon C) Martin v Hunter's Lessee D) Dred Scot v Sandford Answer: C
Page Ref: 36 Objective: Define judicial review, discuss its political and legal history, explain how
it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world
Level: Basic 8) What document governed the United States prior to the ratification of the U.S
Constitution?
A) Articles of Confederation
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B) U.S Code C) Declaration of Independence D) Contract with America Answer: A
Page Ref: 52 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution
Level: Basic 9) During the early years of the Constitution, which group championed a stronger centralized government?
A) Federalists B) Anti-Federalists C) Tea Party D) Confederates Answer: A Page Ref: 26 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution
Level: Basic 10) Each of the following contributed to the need for drafting a new Constitution in
1787 EXCEPT:
A) Shays Rebellion
B) Fear of foreign invasion
C) State competition over taxes
D) U.S government too strong
Answer: D Page Ref: 26 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution
Level: Basic
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11) A legislative act that inflicts capital punishment upon named persons without a judicial trial is called a(n):
A) Ex post facto law
B) Bill of Attainder
C) Act of Sedition
D) Habeas Corpus
Answer: B Page Ref: 15 Objective: Define judicial review, discuss its political and legal history, explain how
it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world
Level: Basic 12) A law that makes someone criminally liable for an act that was not criminal at the time it was committed is called a(n):
A) Ex post facto law
B) Bill of Attainder
C) Act of Sedition
D) Habeas Corpus
Answer: A Page Ref: 15 Objective: Define judicial review, discuss its political and legal history, explain how
it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world
Level: Basic 13) A writ whose purpose is to obtain immediate relief from illegal imprisonment by having the "body" (that is, the prisoner) delivered from custody and brought before that court is called:
A) Ex post facto law
B) Bill of Attainder
C) Act of Sedition
D) Habeas Corpus
Answer: D Page Ref: 15 Objective: Define judicial review, discuss its political and legal history, explain how
it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world
Level: Basic
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14) Today, a series of eighty-five articles that were published under the pseudonym Publius in magazines and newspapers urging the ratification of the new Constitution are known as the:
A) Federalist Papers
B) Communist Manifesto
C) Articles of Confederation
D) Declaration of Statehood
Answer: A Page Ref: 19 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution
Level: Basic 15) A term referring to the concept that there exists, independent of manmade law, a law laid down (depending upon one's beliefs) by God or by nature, which human society must observe in order to be happy and at peace is referred to as:
A) Divine Province
B) Natural Law
C) Manifest Destiny
D) Aaron's Law
Answer: B Page Ref: 24 Objective: Explain rule of law, including its elements and how it relates to constitutionalism
Level: Basic 16) In U.S v Nixon, the Supreme Court considered what item of evidence?
A) Iran Contra Affair B) Watergate tapes C) William Marbury's commission D) Vietnam information
Answer: B Page Ref: 34 Objective: Explain rule of law, including its elements and how it relates to constitutionalism
Level: Basic 17) The landmark ruling in Brown v Board of Education occurred during which judicial era?
A) Taney Court B) Rehnquist Court C) New Deal Era D) Warren Court Answer: D Page Ref: 46 Objective: Explain rule of law, including its elements and how it relates to constitutionalism
Level: Basic 18) What is the name of the official publication for U.S Supreme Court cases published by the federal government?
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A) Supreme Court Reporter B) Lawyer's Edition
C) Federal Reporter D) United States Reports Answer: D
Page Ref: 27 Objective: Identify the basic architecture and style of judicial opinions
Level: Basic
19) What is the name of the publication for cases from the United States Courts of Appeals?
A) Supreme Court Reporter B) Lawyer's Edition
C) Federal Reporter D) United States Reports Answer: C
Page Ref: 27 Objective: Identify the basic architecture and style of judicial opinions
Level: Basic 20) What is the name of the publication for cases from the United States District Courts?
A) Federal Supplement B) Northeast Reporter C) Federal Reporter D) Federal Appendix Answer: C
Page Ref: 28 Objective: Identify the basic architecture and style of judicial opinions
Level: Basic 1.2 True/False Questions 1) The mandate of the delegates to the Philadelphia Convention of 1787 from their states was to draft a new constitution
Answer: FALSE Page Ref: 8 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution
Level: Basic
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2) The national government under the Articles of Confederation did not have the power to directly tax citizens
Answer: TRUE Page Ref: 6 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution
Level: Basic
3) A federalist was a person who supported creating a strong, centralized government
Answer: TRUE Page Ref: 8 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution
Level: Basic
4) Of the thirteen original states, only Massachusetts was not represented at the Philadelphia Constitutional Convention
Answer: FALSE Page Ref: 9 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution
Level: Basic 5) James Madison wrote the Virginia Plan, which would be the working document of the Philadelphia Constitutional Convention
Answer: FALSE Page Ref: 13 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution
Level: Basic
6) The decision of the delegates to the Philadelphia Constitutional Convention to have the President of the United States elected through the electoral college is known as the Great Compromise
Answer: FALSE Page Ref: 12 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution
Level: Basic 7) The first state to ratify the Constitution was Delaware
Answer: TRUE Page Ref: 18 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution
Level: Basic 8) There are two methods to amend the Constitution and both have been used
Answer: FALSE Page Ref: 20 Objective: Define judicial review, discuss its political and legal history, explain how
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it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world
Level: Basic 9) Having a written constitution that recognizes individual rights guarantees that the rule of law exists in all countries
Answer: FALSE Page Ref: 3 Objective: Explain rule of law, including its elements and how it relates to constitutionalism
Level: Basic 10) The rule of law is the principle that all people and the government itself are obliged to follow legitimately enacted and fairly enforced laws
Answer: TRUE Page Ref: 2 Objective: Explain rule of law, including its elements and how it relates to constitutionalism
Level: Basic
11) During the Taney Court area, the U.S Supreme Court's philosophy changed from strongly nationalist to one favoring states' rights
Answer: TRUE Page Ref: 44 Objective: Identify the major eras of the Supreme Court in the context of its approach
to federalism
Level: Intermediate 12) During the Rehnquist Court area, the U.S Supreme Court took a very liberal approach to economic and states' rights
Answer: FALSE Page Ref: 47 Objective: Identify the major eras of the Supreme Court in the context of its approach
to federalism
Level: Intermediate
13) In Marbury v Madison, the U.S Supreme Court used judicial review to nullify an act of Congress
Answer: FALSE Page Ref: 33 Objective: Define judicial review, discuss its political and legal history, explain how
it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world
Level: Intermediate 14) The U.S Supreme Court does not have the authority to declare an act of the President unconstitutional
Answer: FALSE Page Ref: 33 Objective: Define judicial review, discuss its political and legal history, explain how
it is an important element of the U.S rule of law, and contrast it with at least two
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other models from around the world
Level: Intermediate 15) The higher the court is, the more likely it is that its decisions will be published
Answer: TRUE Page Ref: 27 Objective: Identify the basic architecture and style of judicial opinions
Level: Basic 1.3 Fill in the Blank Questions 1) A(n) is a person who supports a strong, centralized government
Answer: Federalist Page Ref: 26 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution
Level: Intermediate 2) The Federalist written by James Madison, Alexander Hamilton, and John Jay, are a series of eighty-five articles under the pseudonym Publius making forceful arguments in support of the Constitution
Answer: Papers Page Ref: 19 Objective: Identify and discuss the important historical events and political philosophies that led to, and shaped, the U.S Constitution
Level: Intermediate 3) The concept that there exists, independent of manmade law, a law laid down by God or by nature, which human society must observe in order to be happy and at peace is known as the law
Answer: natural Page Ref: 21 Objective: Explain rule of law, including its elements and how it relates to constitutionalism
Level: Intermediate
4) Philosophers, such as John Locke and Charles Montesquieu, advanced the theory that sovereignty rests not with the monarch but with the
Answer: people Page Ref: 22 Objective: Explain rule of law, including its elements and how it relates to constitutionalism
Level: Intermediate 5) American constitutional law is commonly divided into two fields of study: one focusing on governmental authorities and structures and another examining
liberties
Answer: civil Page Ref: 22 Objective: Define constitutional law as an academic field of study
Level: Basic
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6) Judicial is the power of the judiciary, as the final interpreter of the law,
to declare an act of a coordinate governmental branch of state unconstitutional
Answer: review Page Ref: 24 Objective: Define judicial review, discuss its political and legal history, explain how
it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world
Level: Intermediate 7) The first case where the U.S Supreme Court used judicial review to invalidate federal action was v Madison
Answer: Marbury Page Ref: 26 Objective: Define judicial review, discuss its political and legal history, explain how
it is an important element of the U.S rule of law, and contrast it with at least two other models from around the world
Level: Intermediate
8) The Court is known for establishing the supremacy of the national government over the state governments
Answer: Marshall Page Ref: 43 Objective: Identify the major eras of the Supreme Court in the context of its approach
to federalism
Level: Difficult 9) During the Warren Court era, the U.S Supreme Court held that is protected by the Constitution in Griswold v Connecticut, 381 U.S 479 (1965)
Answer: privacy Page Ref: 46 Objective: Identify the major eras of the Supreme Court in the context of its approach
to federalism
Level: Intermediate