Deck 2: Constitutional Foundations

Question 1

Was Shays' Rebellion justified? Would you agree with Thomas Jefferson that "a little rebellion now and then is a good thing"?

Answer 1

Shays' Rebellion was a protest by farmers in Massachusetts against the state government's harsh economic policies, particularly the high taxes and foreclosure of farms. While the rebellion was ultimately unsuccessful, it did bring attention to the economic struggles of the common people and led to reforms in the state's economic policies.

Whether Shays' Rebellion was justified is a matter of perspective. From the point of view of the farmers and their supporters, the rebellion was a justified response to oppressive economic policies that were driving them into poverty. They saw it as a necessary means of standing up against a government that was not representing their interests.

On the other hand, from the perspective of the state government and those who supported it, the rebellion was an unjustified act of lawlessness and insurrection. They saw it as a threat to the stability and authority of the government.

As for Thomas Jefferson's statement that "a little rebellion now and then is a good thing," it is important to consider the context in which he made this statement. Jefferson believed that occasional rebellion was necessary to keep the government in check and prevent it from becoming tyrannical. He believed that it was a way for the people to assert their rights and ensure that the government remained accountable to them.

In this sense, Jefferson's statement can be seen as a call for vigilance and a reminder that the people have the right to resist unjust authority. However, it is also important to note that Jefferson did not advocate for constant or violent rebellion, but rather saw it as a last resort when all other means of redress had been exhausted.

In conclusion, whether Shays' Rebellion was justified is a matter of perspective, and Thomas Jefferson's statement about rebellion should be understood in the context of maintaining a balance between the power of the government and the rights of the people. Ultimately, the question of whether rebellion is justified depends on the specific circumstances and the principles at stake.

Question 2

Does the Constitution uphold the key ideas of the Declaration of Independence, or does it go against some of those ideas? Does the Constitution support the "American creed"?

Answer 2

The Constitution upholds many of the key ideas of the Declaration of Independence, such as the belief in natural rights, the idea of government by consent of the governed, and the principle of equality under the law. However, there are also areas where the Constitution goes against some of those ideas, such as the compromise on slavery and the lack of explicit protection for certain individual rights.

In terms of supporting the "American creed," the Constitution can be seen as both supporting and challenging it. The American creed, which includes beliefs in liberty, equality, democracy, and individual rights, is reflected in many aspects of the Constitution. However, there are also instances where the Constitution has been interpreted in ways that may not fully align with the principles of the American creed, such as in cases of discrimination and unequal treatment under the law.

Overall, the Constitution can be seen as both upholding and challenging the key ideas of the Declaration of Independence and the American creed, reflecting the complexities and ongoing debates within American society about the meaning and application of these foundational principles.

Question 3

It has been said that the Electoral College is a ticking time bomb of potential disaster. Have students argue for or against this statement.

Answer 3

The Electoral College has been a topic of debate for many years, with some arguing that it is a ticking time bomb of potential disaster, while others defend its role in the election process.

Those who argue against the Electoral College often point to the fact that it can result in a candidate winning the presidency without winning the popular vote. This has happened in several elections, leading to questions about the fairness and legitimacy of the system. Additionally, the winner-takes-all approach in most states can disenfranchise voters who are in the minority in their state, leading to a lack of representation for a significant portion of the population.

On the other hand, supporters of the Electoral College argue that it helps to balance the power between small and large states, preventing candidates from only focusing on highly populated areas. They also argue that it helps to prevent potential chaos and uncertainty in the event of a close election, as it provides a clear process for determining the winner.

Ultimately, whether the Electoral College is a ticking time bomb of potential disaster is a matter of perspective. While it has its flaws, it also has its defenders who believe it serves an important purpose in the election process. The ongoing debate surrounding the Electoral College highlights the need for continued discussion and potential reform to ensure a fair and representative election system.

Question 4

Why are powerful state or local leaders, such as Governor Huey Long of Louisiana (1930s), Mayor Richard Daley of Chicago (1960s), and Mayor Rudy Giuliani of New York (1990s), unable to translate that power to the federal or, in the case of the mayors, the state level?

Question 5

It has been said that the Supreme Court's decision in McCulloch v. Maryland (1819), which established the idea of "implied powers" for Congress, basically places no limits on the powers of the federal government. Have students argue for or against this statement.

Question 6

The separation of powers and the checks and balances in our Constitution have produced gridlock in Washington. What might be required to end the current impasse between the president and Congress?

Question 7

Do recent decisions regarding same-sex marriage fit within the Five Principles?

Question 8

One difference between the Articles of Confederation and the U.S. Constitution is that in the Constitution:

A) All powers are delegated to the national government
B) Legitimacy is based in the citizens of the nation rather than in the states
C) All amendments require unanimous approval of the states
D) All authority resides in the states

Question 9

A president's nominee for the Supreme Court has just been rejected by a vote of the U.S. Senate. This illustrates the process of:

A) Impeachment
B) Judicial review
C) Veto power
D) Checks and balances

Question 10

According to Rousseau's concept of popular sovereignty, the BEST kind of government is one that:

A) Upholds the rule of law
B) Reflects the "general will" of the people
C) Separates the legislative, executive, and judicial powers
D) Mediates the passions of emotional majorities

Question 11

According to the Declaration of Independence, the primary purpose of government is to:

A) Promote the values of national independence
B) Protect its officials against revolution
C) Secure the unalienable rights of its citizens
D) Defend its citizens against foreign attack

Question 12

According to the Supreme Court's decision in McCulloch v. Maryland, the necessary and proper clause gives:

A) The states reserve power to tax federal agencies
B) The states implied power to regulate interstate commerce
C) Congress implied power to charter a bank
D) Congress delegated power to regulate interstate commerce

Question 13

As designed by the Framers, the process of amending the Constitution

A) Is elaborate and difficult to complete
B) Only requires action from the national level of government
C) Has never been fully implemented since 1835
D) Was intended to encourage the public to propose new amendments

Question 14

Among the reserved powers traditionally left to the states by the Constitution is:

A) Setting economic policy
B) Declaring war
C) Managing the banking system
D) Public education

Question 15

An ex post facto law:

A) Makes an action criminal even though it was legal when it was performed
B) Declares a person guilty of a crime without benefit of a trial
C) Frees people who have been arbitrarily arrested or detained
D) Separates civil offenses from criminal offenses

Question 16

Article ____ of the Constitution deals primarily with the judicial branch of government.

A) I
B) II
C) III
D) IV

Question 17

Article ____ of the Constitution establishes Congress as the legislative branch.

A) I
B) II
C) III
D) IV

Question 18

As a founding principle of the American constitutional system, republicanism refers to:

A) A government consisting of popularly elected officials
B) Laws that are consistent with the beliefs of the majority of the public
C) The separation of executive and legislative powers
D) The supremacy of the national government over the state governments

Question 19

The editorials written in support of ratification of the Constitution comprise:

A) The Arguments for Democracy
B) The Magna Carta
C) The Bill of Rights
D) The Federalist Papers

Question 20

If the Senate finds a government official or federal judge guilty of an impeachable offense, the official is:

A) Reprimanded
B) Sent to prison
C) Censured
D) Removed from office

Question 21

The power of Congress over the courts does NOT include:

A) Impeachment
B) Abolishing lower courts
C) Abolishing the Supreme Court
D) Creating additional lower courts

Question 22

Concurrent powers are those:

A) Shared by Congress and the president
B) Exercised by both national and state governments
C) Granted to the national government but denied to the states
D) Authorized by the necessary and proper clause

Question 23

Different branches of the federal government share certain responsibilities and can have an impact on each other's activities. This reflects the principle of:

A) Republicanism
B) Checks and balances
C) Popular sovereignty
D) Separation of powers

Question 24

Economic hardship in Massachusetts under the Articles of Confederation was so severe that it resulted in:

A) The Boston Tea Party
B) The Land Eruption
C) The Farmers Rebellion
D) Shays' Rebellion

Question 25

Enforcement of the 1964 Civil Rights Act was made possible by the broad interpretation of the term:

A) Rights
B) Act
C) Commerce
D) Immunities

Question 26

Executive privilege was first claimed by President _____________.

A) Nixon
B) Clinton
C) Roosevelt
D) Washington

Question 27

If you were arrested and imprisoned without explanation in the United States, you could seek to obtain a(n):

A) Bill of attainder
B) Ex post facto order
C) Full faith and credit act
D) Writ of habeas corpus

Question 28

In 1998, the Supreme Court declared unconstitutional a law that gave the president the power to veto a portion of a bill passed by Congress. This power, held by many state governors, is called a(n) ____ veto.

A) line-item
B) legislative
C) administrative
D) pocket

Question 29

In Federalist no. 10, Madison suggests democracies have historically:

A) Been characterized by stability and justice
B) Guarded the rights of minorities
C) Been the source of turbulence and contention
D) Enhanced the power of executives

Question 30

In balancing national and state authority, the Framers faced the necessity of:

A) Reducing the authority of the national government
B) Increasing the power of the state governments
C) Preserving the traditional authority of the states while enhancing the powers of the national government
D) Protecting the interests of the commercial classes and increasing the size of the electorate

Question 31

In what year was the final draft of the Constitution given to the delegates for their acceptance or rejection?

A) 1747
B) 1755
C) 1787
D) 1797

Question 32

James Madison would generally agree with all of the following statements regarding factions EXCEPT that:

A) Their cause is rooted in human nature
B) They cannot be eliminated
C) They are self-serving and can be large or small
D) They always constitute a minority of the people

Question 33

When a president vetoes a bill from Congress, this action is an example of:

A) Federalism
B) Checks and balances
C) Shared powers
D) Republicanism

Question 34

Of the many delegates who gathered to form the Constitution, who was elected to chair the meeting?

A) George Washington
B) Benjamin Franklin
C) Thomas Jefferson
D) James Madison

Question 35

Originalism is a term that is relevant to:

A) Checks and balances
B) Bureaucracy
C) Separation of powers
D) Constitutional interpretation

Question 36

Over half of the delegates to the Constitutional Convention were:

A) Wealthy merchants
B) Career politicians
C) Members of the press
D) Trained in the law

Question 37

Proponents of the Virginia Plan believed that ____ should be the determining factor for granting representation to a national governing body.

A) state acreage
B) political party distribution
C) religious affiliation
D) a state's population

Question 38

The 1787 Constitutional Convention was organized in response to the:

A) Tyranny of the British king
B) Request of President Washington
C) Perceived problems of the Articles of Confederation
D) Publication of the Declaration of Independence

Question 39

The Articles of Confederation were ratified ____ after they were written in 1777.

A) two days
B) one week
C) one year
D) four years

Question 40

The Articles of Confederation allowed the national government to do all of the following EXCEPT:

A) Make war and peace
B) Borrow money
C) Regulate interstate commerce
D) Raise a navy

Question 41

The Bill of Rights provides an example of the way in which the Constitution ____ the national government's power.

A) limits
B) implies
C) delegates
D) expands

Question 42

Under the Constitution, neither the state nor the national government can:

A) Tax exports
B) Tax imports
C) Coin money
D) Sign treaties with foreign powers

Question 43

The Great Compromise focused on:

A) The drawing of state boundaries
B) Elections and campaigns
C) The selection of the president
D) Representation in the legislative branch

Question 44

A unicameral legislature has ____ chamber(s).

A) one
B) two
C) three
D) four

Question 45

The Tenth Amendment includes the:

A) Right to qualified representation in the case of criminal suit
B) Right to a speedy trial by an impartial jury
C) Implied powers
D) Reserved powers

Question 46

The Articles of Confederation created a weak federal government in part because the national government:

A) Could not declare war
B) Was unable to conduct effective foreign policy
C) Could not establish a monetary system
D) Was unable to build a navy or an army

Question 47

The concept of a popular right to replace a government with one that would better defend life, liberty, and property was first expressed in:

A) Hobbes's Leviathan
B) Paine's Common Sense
C) Locke's Two Treatises on Government
D) Montesquieu's The Spirit of the Laws

Question 48

The Constitution has been amended ____ times since the ratification of the Bill of Rights.

A) five
B) nine
C) fourteen
D) seventeen

Question 49

The constitutional concept of the separation of powers into legislative, executive, and judicial functions came from the writings of:

A) Charles de Montesquieu
B) Thomas Hobbes
C) Thomas Paine
D) John Locke

Question 50

The Constitutional Convention in Philadelphia attracted ____ delegates from the states.

A) thirteen
B) twenty-six
C) thirty
D) fifty-five

Question 51

The decision to establish an Electoral College for the election of the president and vice president was based on the desire to:

A) Prevent direct election by an uninformed public
B) Limit voting rights to the ruling elite
C) Balance national and state interests and guarantee electoral independence from Congress
D) Help establish political parties

Question 52

The delegates at the Philadelphia Constitutional Convention were exclusively:

A) Lawyers
B) White and male
C) Landowners
D) Men with military backgrounds

Question 53

The difference between a confederation and a federation is that in a confederation:

A) Ultimate government authority rests in states
B) Ultimate government power is concentrated in a national government
C) Government power and authority are shared between states and a national government
D) Ultimate government authority rests with the people

Question 54

The doctrine of republicanism was introduced by the Framers in order to prevent:

A) Rule by the educated elite
B) Rule by elected officials
C) Rule by liberals
D) Rule by ordinary citizens

Question 55

The fact that the Constitution is the supreme law of the land expresses the principle of:

A) Judicial review
B) States' rights
C) Popular sovereignty
D) National supremacy

Question 56

The first ____ amendments to the Constitution constitute the Bill of Rights.

A) five
B) ten
C) fifteen
D) twenty-seven

Question 57

The first national Congress consisted of:

A) Select states that had accepted the Articles of Confederation
B) A single body in which each state had two votes
C) States that had voted in agreement with the Framers of the Constitution
D) A single body in which each state had one vote

Question 58

The full faith and credit provisions of the U.S. Constitution would require that the state of Kansas:

A) Grant a tax credit to U.S. service personnel
B) Pay its debts to the U.S. government
C) Honor a divorce granted in California
D) Respect freedom of religion for atheists

Question 59

The idea that authority should be distributed among three branches of government is the principle of:

A) Separation of powers
B) Checks and balances
C) Republicanism
D) Federalism

Question 60

The impeachment process involves having the ____ bring charges against a public official, who is then tried before the ____.

A) Supreme Court; U.S. Senate
B) U.S. Senate; U.S. House of Representatives
C) special prosecutor; Supreme Court
D) U.S. House of Representatives; U.S. Senate

Question 61

The legitimacy of a government exists when:

A) It has a written constitution
B) It can make its citizens pay taxes
C) It represents the best interests of those who are informed
D) The people accept its right to pass and enforce laws

Question 62

The man who engaged in debates and political bargains that shaped the Constitution and who came to be known as the "Father of the Constitution" was:

A) George Washington
B) Benjamin Franklin
C) Thomas Jefferson
D) James Madison

Question 63

The necessary and proper clause can be found in Article I, Section 8, of the Constitution addressing the powers granted to:

A) The executive
B) The judiciary
C) The legislature
D) Federalism

Question 64

The passage of the British Stamp Act in 1765 incited the colonists to protest:

A) Increasing postal rates
B) Tyranny by the majority
C) Separation of powers
D) Taxation without representation

Question 65

The period of the Enlightenment was dominated by the idea that:

A) Religious tradition is the source of authority
B) Human reason is the primary source of knowledge and wisdom
C) A combination of religion and tradition are the best approach to governance
D) Human reason is acceptable, but godly reason is the rule

Question 66

The power of judicial review permits:

A) The people to vote to recall undesirable federal judges
B) Congress to reject the president's nominees for court positions
C) The federal courts to declare legislative and executive acts unconstitutional
D) The courts to enforce executive orders contrary to the wishes of Congress

Question 67

The powerful words of the Preamble to the Constitution begin:

A) "Fourscore and seven years ago"
B) "We hold these truths to be self-evident"
C) "Congress shall make no law"
D) "We the People"

Question 68

The rule of law in American government means that:

A) Civil arguments are to be settled by law
B) Government officials are subject to the law
C) The law will be the rule rather than the exception
D) The government derives its legitimacy from its own laws

Question 69

The supremacy clause of the Constitution says that:

A) State governments are supreme in the United States
B) The president is supreme over Congress
C) The Supreme Court decides constitutional issues
D) The Constitution is the supreme law of the land

Question 70

The suspension of the privilege of habeas corpus is limited to ____, according to Article I of the Constitution

A) times of war
B) times of terrorist attack
C) times of civil strife
D) times of invasion or rebellion

Question 71

The three primary drafters of the Declaration of Independence were:

A) Washington, Jefferson, and Adams
B) Jefferson, Adams, and Madison
C) Washington, Jefferson, and Madison
D) Jefferson, Adams, and Franklin

Question 72

Which president was formally brought to trial in the U.S. Senate in the impeachment process while still in office?

A) Richard Nixon
B) James K. Polk
C) Bill Clinton
D) Andrew Jackson

Question 73

Which of the following did NOT serve as a legal or intellectual reference point for the Founders in developing the U.S. Constitution?

A) The constitutional system of Great Britain
B) The French Revolution
C) English common law
D) The Enlightenment

Question 74

Thomas Hobbes was the author of:

A) Two Treatises on Government
B) Utopia
C) Leviathan
D) Common Sense

Question 75

Under the Articles of Confederation, whatever powers the national government possessed were exercised by:

A) The judiciary
B) The federal government
C) The Congress
D) State government

Question 76

What type of congress was proposed under the Virginia Plan?

A) Democratic
B) Republican
C) Bicameral
D) Unicameral

Question 77

When the courts use the approach of the "living Constitution," their ruling is based on:

A) A changeable law depending upon interpretation
B) An adaptable view of the Constitution that considers the times
C) The laws of our forefathers in most circumstances
D) The law of precedent

Question 78

Which institution was not originally established under the Constitution?

A) The U.S. House of Representatives
B) The U.S. Senate
C) The Court of Appeals
D) The Supreme Court

Question 79

Which of the following is NOT a means by which Congress can restrict presidential power?

A) Congressional authorization
B) Confirmation procedures
C) Treaty ratification
D) Judicial review

Question 80

Which of the following statements concerning government under the Articles of Confederation is incorrect?

A) There was no national judiciary
B) Each state had one vote in the legislature
C) States could send several representatives to Congress
D) The legislature was bicameral