Quiz Basics of US Government govt 422
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Liberty University *
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422
Subject
Political Science
Date
Dec 6, 2023
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docx
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Uploaded by JudgeMule2360
Quiz: Basics of US Government
Due
Nov 13 at 11:59pm
Points
125
Questions
42
Time Limit
120 Minutes
Instructions
The quiz:
Covers the Learn
material from Module 1: Week 1
— Module 3: Week 3
.
Contains 42 multiple-choice and essay
questions.
Is limited
to 120
minutes.
Allows
1
attempt.
Is worth 125 points
.
Submit this assignment by 11:59 p.m. (ET) on Monday of Module 3: Week 3.
Attempt History
Attempt
Time
Score
LATEST
Attempt 1
64 minutes
95 out of 125 *
*
Some questions not yet graded
Correct answers are hidden.
Score for this quiz: 95
out of 125 *
Submitted Nov 13 at 9:11pm
This attempt took 64 minutes.
Question 1
2.5 / 2.5 pts
Article III of the Constitution leaves the organization of the lower federal courts to the _____.
Congress
Supreme Court
Cabinet
state legislatures
Question 2
2.5 / 2.5 pts
In American constitutional law, _____ denotes the power of a court of law to review a policy of government (usually a legislative act) and to invalidate that policy if it is found to be contrary to constitutional principles.
judicial review
judicial restraint
judicial activism
judicial notice
Question 3
2.5 / 2.5 pts
Until 1937 the Supreme Court often frustrated attempts by Congress to exercise police powers. The Court achieved this result by
narrowly interpreting the Commerce Clause.
following the doctrine of dual federalism.
distinguishing between manufacturing and distribution of products.
All of the above are true.
Question 4
2.5 / 2.5 pts
There have been 9 justices on the Supreme Court since _____.
1789
1869
1937
1985
Question 5
2.5 / 2.5 pts
The _____, which outlawed slavery, nullified the Supreme Court’s decision in Dred Scott.
Twelfth Amendment
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Thirteenth Amendment
Fourteenth Amendment
Fifteenth Amendment
Question 6
2.5 / 2.5 pts
In _____, the Supreme Court upheld a provision of the Voting Rights Act of 1965 that provided no person completing the sixth grade in an accredited non-English-language Puerto Rican school can be denied the right to vote through inability to read or write English.
Katzenbach v. Morgan (1966)
South Carolina v. Katzenbach (1966)
Lassiter v. Northampton County Board of Elections (1959)
Jones v. Alfred H. Mayer Company (1968)
Question 7
2.5 / 2.5 pts
The _____ grants defendants the right to confront (examine or cross-examine)
witnesses for the prosecution and the right to have “compulsory process” (the power of subpoena).
Fourth Amendment
Fifth Amendment
Sixth Amendment
Eighth Amendment
Question 8
2.5 / 2.5 pts
The _____ states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Seventh Amendment
Eighth Amendment
Ninth Amendment
Tenth Amendment
Question 9
2.5 / 2.5 pts
The Religious Freedom Restoration Act of 1993, enacted as a response to Employment Division v. Smith (1990), was _____ by the Supreme Court in City
of Boerne v. Flores (1997).
upheld
struck down
not granted certiorari
None of the above is true.
Question 10
2.5 / 2.5 pts
The _____ states: “The enumeration in the Constitution, of certain rights, shall
not be construed to deny or disparage others retained by the people.”
Seventh Amendment
Eighth Amendment
Ninth Amendment
Tenth Amendment
Question 11
2.5 / 2.5 pts
The_____ Plan called for a bicameral legislature of the national government where seats were apportioned among the states based on population.
New York
New Jersey
Virginia
Georgia
Question 12
2.5 / 2.5 pts
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The Supreme Court in Hammer v. Dagenhart (1918), invalidated by a _____ margin federal restrictions on child labor.
5 to 4
6 to 3
7 to 2
8 to 1
Question 13
2.5 / 2.5 pts
Article _____ of the Constitution recognizes the judiciary as a separate branch
of government.
I
II
III
IV
Question 14
2.5 / 2.5 pts
Justice _____ articulated the Ashwander rules, which seek to protect judicial power not only by deflecting constitutional questions but by making narrow rulings when constitutional issues are considered.
Louis Brandeis
Hugo Black
Oliver Wendell Holmes, Jr.
None of the above is true.
Question 15
2.5 / 2.5 pts
The _____ protects people against arbitrary use of eminent domain, the power of government to take private property for public use.
Second Amendment
Third Amendment
Fourth Amendment
Fifth Amendment
Question 16
2.5 / 2.5 pts
The Supreme Court grants approximately _____ petitions for certiorari out of the 10,000 that are filed each term.
100
200
300
400
Question 17
2.5 / 2.5 pts
Chief Justice John Marshall contributed significantly to the
expansion of constitutional power at the national level.
narrowing of constitutional power at the national level.
expansion of constitutional power exercised by the states.
application of the Bill of Rights to the states.
Question 18
2.5 / 2.5 pts
The Court’s ruling in McCardle reminds us of Congress’ power over Supreme Court _____.
appointments
impeachments
jurisdiction
salary
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Question 19
2.5 / 2.5 pts
Under the Chief Justice John Roberts, the Supreme Court has continued to move, with notable exceptions, in a _____ direction.
liberal
conservative
neutral
None of the above is true.
Question 20
2.5 / 2.5 pts
In U.S. v. Darby (1941) the Supreme Court upheld the
Fair Labor Standards Act of 1938.
Full Faith and Credit Act of 1940.
the Internal Security Act of 1940.
the Social Security Act of 1935.
Incorrect
Question 21
0 / 2.5 pts
The power of the Supreme Court to invalidate unconstitutional acts of Congress was first implied in
Hylton v. United States (1796).
Marbury v. Madison (1803).
Eakin v. Raub (1825).
Dred Scott v. Sandford (1857).
Question 22
2.5 / 2.5 pts
In Dred Scott v. Sandford (1857), the Supreme Court invalidated the _____ of 1820.
Judiciary Act
Alien and Sedition Acts
Missouri Compromise
Neutrality Act
Question 23
2.5 / 2.5 pts
In Hammer v. Dagenhart (1918), the Supreme Court invalidated a federal statute imposing restrictions on the use of _____.
marijuana
oleomargarine
child labor
railroad tracks
Question 24
2.5 / 2.5 pts
The _____ overruled the Supreme Court’s decision in Pollock v. Farmer’s Loan and Trust Company (1895) where the Court invalidated a federal law that imposed a tax on incomes over $4,000 per year.
Fourteenth Amendment
Fifteenth Amendment
Sixteenth Amendment
Seventeenth Amendment
Question 25
2.5 / 2.5 pts
It is the _____ that ultimately controls making any changes to the Supreme Court’s jurisdiction.
president
Supreme Court
Congress
states
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Question 26
2.5 / 2.5 pts
Under Article I of the Constitution, members of the House of Representatives must be at least _____ years of age; members of the Senate must be at least _____ years old.
25; 30
30; 35
35; 40
40; 45
Question 27
2.5 / 2.5 pts
Article III of the Constitution provides that the Supreme Court “...shall have _____ jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the _____ shall make.”
original; Congress
appellate; Congress
original; Court
appellate; Court
Question 28
2.5 / 2.5 pts
The “stream of commerce” doctrine was first articulated by Justice _____ in Swift and Company v. United States (1905).
Louis Brandeis
Oliver Wendell Holmes
William Rehnquist
Sandra Day O’Connor
Question 29
2.5 / 2.5 pts
When all of the judges on an appellate court participate in the oral argument of a case it is said that they are sitting _____.
en banc
habeas corpus
all together
certiorari
Question 30
2.5 / 2.5 pts
The _____ prohibits military authorities from quartering troops in citizens’ homes without their consent.
First Amendment
Third Amendment
Fifth Amendment
Seventh Amendment
Question 31
2.5 / 2.5 pts
By comparison with the Court of the mid-1930s, the Supreme Court of today is
less likely to invalidate a federal tax designed chiefly as a regulatory measure.
more likely to invalidate a federal tax designed chiefly as a regulatory measure.
less likely to recognize broad national legislative power.
more likely to strike down state economic regulations.
Question 32
2.5 / 2.5 pts
Crimes committed by persons in the military services are normally tried before
federal district courts.
state criminal courts.
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the Court of Military Justice.
courts-martial.
Question 33
2.5 / 2.5 pts
Judges on all Article III courts are appointed for _____ by the president with Senatorial consent.
two years
five years
ten years
life
Question 34
2.5 / 2.5 pts
The Supreme Court first recognized the power of Congress to conduct investigations in
McCulloch v. Maryland (1819).
Gibbons v. Ogden (1924).
Fletcher v. Peck (1810).
Kilbourn v. Thompson (1881).
Question 35
2.5 / 2.5 pts
To be removed from office on impeachment, a federal judge must be convicted by a _____ vote of the U.S. Senate.
simple majority
two-thirds
three-fourths
unanimous
Question 36
2.5 / 2.5 pts
Routine cases in the U.S. Courts of Appeals are decided by panels of _____ judges.
three
five
seven
nine
Question 37
2.5 / 2.5 pts
The _____ is an Article III court, in that Congress has created this tribunal by exerting its authority under Article III of the United States Constitution.
Court of International Trade
Court of Federal Claims
Tax Court
Court of Appeals for Veterans’ Claims
Incorrect
Question 38
0 / 2.5 pts
The theory of _____ powers originated with Alexander Hamilton, an advocate of strong centralized government.
enumerated
reserved
implied
concurrent
Question 39
2.5 / 2.5 pts
Which of the following is an example of an implied power of Congress?
The regulation of interstate commerce
The appropriation of funds
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The conducting of investigations
Declaring war
Question 40
2.5 / 2.5 pts
Article _____ of the Constitution specifies the qualifications for members of the House of Representatives and the Senate.
I
II
III
IV
Question 41
Not yet graded / 12.5 pts
Explain the origin of judicial review and evaluate the various justifications that have been proposed for it.
Your Answer:
Judicial review does not come from English common law. The courts in England did not have the power to override Parliament. Hamilton argued for this power in the federalist, however it is not included in the Constitution. In the case of Marbury v. Madison (1803), Chief Justice John Marshall, attempted to fix an issue that he had caused while working for the previous presidential administration, said that the Judiciary Act of 1789 was "null and void" because it gave the court powers that the Constitution did not. (Stephens, Jr., Scheb II, & Glennon, 2015) The next case they used this newfound power in was the Dred Scott (1857), which ruled that the Missouri Compromise was unconstitutional, and severely damaging the Court's reputation. The Court continued to use judicial review to overturn policies of
the other branches, except when the two branches looked like they would unite against them. The power of judicial review is normally unchallenged today. Hamilton described the justification for judicial review best in Federalist No. 78, "No legislative act, therefore, contrary to the Constitution, can be valid." Hamilton argues that the Constitution is the supreme law of the country, and therefore any law that goes against it should not exist, and if the people want it to, then that is what constitutional amendments are for.
Stephens, Jr., O. H., Scheb II, J. M., & Glennon, C. (2015). American Constitutional Law, Volume I: Sources of Power and Restraint (Sixth Edition ed.). Stamford, CT, USA: Cengage Learning.
Question 42
Not yet graded / 12.5 pts
Citing particular Supreme Court decisions, both historic and modern, explain the difference between judicial activism and judicial restraint.
Your Answer:
Judicial activism and judicial restraint are opposite of one another. Judicial activism is the exercise of the power of judicial review to overturn government actions. It is the refusal of the courts to knock down such acts, leaving the subject to ordinary politics, is known as judicial restraint. Judicial activism is a concept of judicial decision-making in which a judge advocates for modern ideals and conditions while allowing personal views on public affairs. Judicial activism is a method that allows judges to exercise judicial review and make decisions at the federal level, including decisions on constitutional issues. It also empowers legal institutions to overturn legislative or federal executive actions. A court case that is a good example of Judicial activism is Brown v. Board of Education. Britannica, Judicial activism | Definition, Types, Examples, & Facts | Britannica, Researched on November 11, 2023. Judicial restraints are meant to prevent courts from interfering excessively with democratic politics. Judicial restraint encourages judges to refrain from making unconstitutional judgments and limits their authority. Judicial restraint is when the courts don't allow the interpretation of the Constitution by Congress or any other constitutional body in decision-making. Plessy v. Ferguson and Korematsu v. United States would be examples of judicial restraint. Thoughtco, Judicial activism What Is Judicial Activism? Definition and Examples (thoughtco.com)
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