Deck 11: Law, Social Change, and the Class Struggle

Question 1

According to the text, small and isolated cultures are like small and isolated gene pools-they tend toward:

A) normality
B) comfort
C) equilibrium
D) change

Answer 1

C

Question 2

Which of the following describes the law as a cause of social change?

A) historically, the law has played only a minor role in social change
B) the role of law has increased hugely over the past two centuries
C) at times, the law, as an independent source of power, functions as the instrument of social change
D) all of the above

Answer 2

D

Question 3

There is a tendency to view law as a _______________ to change because it consists for the most part of norms and customs that have been codified.

A) drive
B) barrier
C) reaction
D) dependent

Answer 3

B

Question 4

The United States today is a _______________ stew of many different cultural traditions and customs.

A) homogenous
B) homoplastic
C) homologous
D) heterogeneous

Question 5

Law based on universalistic principles of justice, not the customs of one particular subset of society that are defended by _______________, should regulate social behavior.

A) positive law
B) natural law
C) cultural law
D) pluralist law

Question 6

According to the text, we must remember that law is not a(n) _______________ phenomenon; it is an integral and inextricable part of culture and society.

A) reciprocal
B) isolated
C) natural
D) positive

Question 7

It may be considered that the role of law in social change is to be most often _______________ rather than causative; that is, it serves as a conduit guiding the progress of some reform that is already in the works for other reasons.

A) continuous
B) reciprocal
C) natural
D) facilitative

Question 8

Charles Tilly (2004) makes a case for which American event as a series of small social movements for limited reforms being largely ignored until they coalesced into violent revolution?

A) Civil War
B) Battle of the Alamo
C) American Revolution
D) Vietnam War

Question 9

Once a social movement is observed successfully making its rights claim, other previously silent groups are aroused in what has been called a(n) _______________ effect.

A) movement
B) antipathy
C) contagion
D) social change

Question 10

What functions to legitimize change, to smooth the way, and to grease the squeaky wheels of opposition to change?

A) social change
B) activism
C) norms
D) law

Question 11

Which British act was designed to eliminate illegal trade of a specific product between the colonies and the French and Spanish West Indies?

A) Sugar Act
B) Proclamation Act
C) Mutiny Act
D) Stamp Act

Question 12

Which of the following famous slavery cases may have been instrumental in propelling the more reluctant southern states into revolution?

A) Scott v. Sandford
B) Somerset v. Stewart
C) Joseph Knight v. Wedderburn
D) both b and c

Question 13

Which event established the principle that the English constitution, not the monarch, was sovereign?

A) American Revolution
B) Glorious Revolution
C) the Crusades
D) Monmouth Rebellion

Question 14

According to the text, a student of the history and political development of the United States is well advised to study:

A) the U.S. Constitution
B) its laws
C) political science
D) history

Question 15

There have been ___________ Soviet constitutions since 1918.

A) one
B) three
C) five
D) seven

Question 16

The 27 amendments to the U.S. Constitution have occurred over more than ___________ years.

A) 100
B) 150
C) 200
D) 250

Question 17

Soviet leaders went to great lengths to make Soviet policy-making conform to ___________ processes so that their social experiments would be perceived in the West as legitimate.

A) formal irrationality
B) formal rationality
C) substantive irrationality
D) substantive rationality

Question 18

The use of vague concepts like "counter-revolutionary" and "enemy of the people" allowed the Soviets to create "instant" offenses not designated as crimes in any penal code which, under the common law concept of ___________, is an expressly forbidden practice.

A) mens rea
B) legalism
C) corpus delecti
D) ex post facto

Question 19

The Soviets were committed to destroying the "_______________ family," declaring it was based on the "paternalistic" notion of property-based marriage that exploited women.

A) bourgeois
B) political
C) legal
D) special

Question 20

Law is a much more efficient instrument of social control and social change if it relies on _______________ rather than brute coercion.

A) legitimacy
B) activism
C) norms
D) values

Question 21

According to the text, what is the ultimate legal authority in the United States?

A) U.S. Supreme Court
B) U.S. Congress
C) the president
D) state governments

Question 22

Which of the following is a constraint that limits the U.S. Supreme Court's ability to produce significant social change?

A) the bounded nature of constitutional rights
B) the Court lacks the necessary independence from other branches of government
C) the Court lacks the tools to develop policies and implement decisions for significant change
D) all of the above

Question 23

Under the constrained view, which constraint can be overcome by ample case precedent in the general direction of the proposed change?

A) the bounded nature of constitutional rights
B) the Court lacks the necessary independence from other branches of government
C) the Court lacks the tools to develop policies and implement decisions for significant change
D) the Court is free of election concerns

Question 24

Rosenberg (1991) argues that social and political events are more salient and that courts have a(n) _______________ effect on change.

A) indirect
B) canonical
C) anti-canonical
D) legitimate

Question 25

What type of U.S. Supreme Court decisions are reviled and widely considered to have been decided wrongly?

A) indirect
B) anti-canonical
C) legitimate
D) canonical

Question 26

Weber (1968) used which term to refer to the legitimate power to gain compliance with rules despite the lack of objective means to compel it?

A) power
B) legitimacy
C) authority
D) jurisprudence

Question 27

____________ has a powerful hold on the psychology of people; they obey this type of authority because it is often invested with a kind of quasi-divine inspiration and perhaps because "it has always been there."

A) tradition
B) charisma
C) rational-legal
D) monarchical

Question 28

The refusal of the U.S. Supreme Court to allow television cameras behind the "purple curtain," their refusal to grant interviews, and their affected, haughty, and imperious demeanor all contribute to that special impression of priestly:

A) rationality
B) traditionalism
C) charisma
D) otherworldliness

Question 29

The U.S. Supreme Court did not assert the power of judicial review until Chief Justice John Marshall explored the Court's power in this regard in which case?

A) Marbury v. Madison
B) Chisolm v. Georgia
C) Marbury v. Massachusetts
D) Chisolm v. North Carolina

Question 30

What asserts that judges must not place their own interpretations on the U.S. Constitution, even if by adhering to this philosophy the consequences would be personally abhorrent to them?

A) judicial activism
B) strict constructionism
C) judicial plutocracy
D) strict moralism

Question 31

Strict constructionists look for "_____________," meaning that they will peruse relevant material in an effort "to discover what the collective intention of the Framers was on disputed matters of interpretation".

A) original activism
B) original change
C) original relevance
D) original intent

Question 32

Strict constructionists believe that any stance other than strict constructionism leads to:

A) strict moralism
B) judicial activism
C) social change
D) judicial moralism

Question 33

What is often viewed as synonymous with the point of view that the U.S. Constitution should be a "living, breathing document"?

A) judicial moralism
B) judicial activism
C) strict moralism
D) social change

Question 34

Adherents of a "living" Constitution tend to be:

A) liberals
B) conservatives
C) moderates
D) libertarians

Question 35

What makes constitutions "____________" is the fact that they are collections of documents and traditions added to over the centuries, and their flexibility makes them quickly responsive to evolving conditions and concerns.

A) active
B) written
C) living
D) change

Question 36

Democratic governments everywhere have encouraged all of the following EXCEPT:

A) the formation of trade unions
B) the local control of police and militia
C) the regulation of business
D) a progressive income tax

Question 37

What was the six-month-long armed insurrection among Massachusetts farmers that was led by a Revolutionary War veteran that occurred just prior to the signing of the Constitution in 1787 and is thought to have crystallized the anti-democratic sentiments of the Framers?

A) Shays' Rebellion
B) Bacon's Rebellion
C) Nat Turner's Rebellion
D) Sagebrush Rebellion

Question 38

Which clause of the U.S. Constitution, forbidding states to pass any laws "impairing the obligation of contracts," has the U.S. Supreme Court relied heavily upon in its battle to protect the economic elite from the demands of workers?

A) Article I, Section 10
B) Article I, Section 11
C) Article II, Section 10
D) Article II, Section 11

Question 39

Which amendment was viewed by the U.S. Supreme Court as requiring state conformity with the Bill of Rights in economic matters?

A) Fourteenth
B) Eleventh
C) Tenth
D) Seventh

Question 40

What was the name given to the army of unemployed workers who marched on Washington demanding job creation in the 1890s?

A) Kidd's Army
B) Coxey's army
C) Hayes' Army
D) Machinist's Army

Question 41

Passed by Congress in 1890, which act was designed to place controls on business?

A) Wagner Act
B) Sherman Antitrust Act
C) Norris-La Guardia Act
D) Agricultural Adjustments Act

Question 42

In which case did the U.S. Supreme Court rule that the Sherman Act controlled only commerce, that manufacturing was not commerce, and that therefore manufacturing monopolies did not violate the act?

A) United States v. E. C. Knight
B) Adair v. United States
C) Fletcher v. Peck
D) In re Debs

Question 43

What are contracts forced on employees requiring them to promise not to join a union as a condition of employment?

A) collective contracts
B) cooperative contracts
C) yellow dog contracts
D) conjunctive contracts

Question 44

In which case did the U.S. Supreme Court strike down federal legislation aimed at child labor reform, which would have cost business dearly, on the grounds that the law went beyond congressional power to regulate interstate commerce?

A) Adkins v. Children's Hospital
B) Schechter Poultry Corp. v. United States
C) Loewe v. Lawlor
D) Hammer v. Dagenhart

Question 45

In which case did the U.S. Supreme Court strike down an act of Congress setting minimum wages for women and children as an unconstitutional violation of freedom of contract?

A) Hammer v. Dagenhart
B) Adkins v. Children's Hospital
C) Louisville Bank v. Radford
D) Schechter Poultry Corp. v. United States

Question 46

Although the courts have since reasserted this power, under which 1932 act did Congress strip the federal courts of their power to issue injunctions against labor unions engaged in labor disputes?

A) Norris-La Guardia Act
B) Sherman Antitrust Act
C) Agricultural Adjustments Act
D) Wagner Act

Question 47

Which act legalized labor unions and required employers to engage in good-faith collective bargaining?

A) Agricultural Adjustments Act
B) Norris-La Guardia Act
C) Sherman Antitrust Act
D) Wagner Act

Question 48

In which 1937 case did the U.S. Supreme Court declare the Wagner Act constitutional?

A) Pollock v. Farmer's Loan and Trust Company
B) National Labor Relations Board v. Jones and Laughlin Steel Corporation
C) National Labor Relations Board v. Bildisco & Bildisco
D) Allied Structural Steel v. Spannous

Question 49

Which case is NOT among the important cases heard by the U.S. Supreme Court in 1895 in which the Court struck blows to each of the three principle reform activities employed by democratic governments everywhere?

A) Pollock v. Farmer's Loan and Trust
B) United States v. Butler
C) In Re Debs
D) United States v. E. C. Knight

Question 50

According to the text, legal and political equality are natural equalities due to us by virtue of our:

A) society
B) humanity
C) abilities
D) intelligence

Question 51

According to the text, _____________ is unfair, since under the principles of distributive justice "superior" people will receive more benefits as a result of being blessed with a natural superiority they did nothing to deserve.

A) capitalist meritocracy
B) capitalist plutocracy
C) capitalist aristocracy
D) capitalist democracy

Question 52

What appeals to our moral sentiments because it is a process by which we expect to "make things right"?

A) sensibility
B) fairness
C) care
D) love

Question 53

A society concerned with ____________ knows that nature does not produce a state of equality, and to try to artificially produce one would involve a powerful state apparatus to force one group (the productive taxpayer) to further the goals of another (the tax consumer) without the former's consent.

A) fairness
B) equality
C) justice
D) liberty

Question 54

In which case did the U.S. Supreme Court set the stage for its jurisdiction over state legislatures, an exercise in power stoutly resisted by the states?

A) Fletcher v. Peck
B) Pollock v. Farmer's Loan and Trust Company
C) Allied Structural Steel v. Spannous
D) Martin v. Hunter's Lessee

Question 55

In which case did the U.S. Supreme Court rule that under Article VI of the U.S. Constitution, the Court had the final word over all federal and state courts, a decision that was to become the keystone of federal judicial power?

A) McCulloch v. Maryland
B) Pollock v. Farmer's Loan and Trust Company
C) Gibbons v. Ogden
D) Martin v. Hunter's Lessee

Question 56

In which case did the U.S. Supreme Court rule that Congress could charter a national bank and that the individual states could not tax it, thus providing for an instrument of national economic stability while at the same time limiting the sovereignty of the states vis-à-vis the federal government?

A) Gibbons v. Ogden
B) Fletcher v. Peck
C) McCulloch v. Maryland
D) Engel v. Vitale

Question 57

The Scott v. Sandford decision:

A) caused the Civil War
B) declared the Missouri Compromise unconstitutional
C) held that slavery was unconstitutional
D) split the Republican Party and gave the 1860 election to the Democrats

Question 58

The U.S. Supreme Court became a major catalyst of social change under the leadership of which chief justice from 1953 to 1969?

A) Earl Warren
B) Warren Burger
C) John Marshall
D) Roger B. Taney

Question 59

Which U.S. Supreme Court case is canonical and has been called "the single most honored opinion in the Supreme Court's opus"?

A) Brown v. Board of Education of Topeka
B) Engel v. Vitale
C) Gibbons v. Ogden
D) McCulloch v. Maryland

Question 60

In which case did the U.S. Supreme Court ban prayer in public schools?

A) West Coast Hotel Co. v. Parrish
B) McCulloch v. Maryland
C) Gibbons v. Ogden
D) Engel v. Vitale

Question 61

Social change may be defined as any relatively enduring alteration in social relationships, behavior patterns, values, norms, and attitudes occurring over time.

Question 62

Norms and customs, almost by definition, are resistant to fracture.

Question 63

There is an isolated relationship between law and social change.

Question 64

Once a social movement is observed successfully making its rights claim, other previously silent groups are aroused in what has been called a contagion effect.

Question 65

The Mutiny Act required colonists to provision and maintain the British army.

Question 66

As discussed in the book, the Soviets used law to force social change.

Question 67

The Articles of Confederation has served as a set of guiding principles for the role of law in social change throughout American history.

Question 68

In the Soviet Union, legal decisions often were made by lower courts on an ad hoc basis to conform to the will of the Communist Party.

Question 69

One of the Soviet Union's most significant attempted changes involved the family.

Question 70

The president is the ultimate source of law in the United States.

Question 71

Under the constrained view, only a limited number of issues can come before the U.S. Supreme Court because the Court lacks the necessary independence from other branches of government.

Question 72

U.S. Supreme Court decisions that are anti-canonical are reviled and widely considered to have been decided wrongly.

Question 73

Legitimacy is the ability to command compliance with rules despite the lack of objective means to compel it.

Question 74

Weber (1968) used the term "authority" to refer to the legitimate power to gain compliance with rules despite the lack of objective means to compel it.

Question 75

The U.S. Supreme Court enjoys rational-legal, charismatic, and traditional authority.

Question 76

Charismatic authority is derived from rules rationally and legally enacted.

Question 77

A strict constructionist believes that moral concerns are the business of the courts.

Question 78

Judicial activism is looking for the Framer's "original intent".

Question 79

Strict constructionism tend to be political conservatives.

Question 80

Literally meaning "law not written," a living constitution is usually termed lex non scripta.