Question 1

The Fifth Amendment Due Process Clause is to the national government as the Fourteenth Amendment Due Process Clause is to the:

Accepted Answer

The Fourteenth Amendment Due Process Clause is specifically directed towards the states, mandating that they cannot deprive any person of life, liberty, or property without due process of law. The Fifth Amendment Due Process Clause, on the other hand, applies to the national government.

Question 2

According to Chief Justice Marshall in Marbury v. Madison, "it is emphatically the province and duty of the to say what the law is."

Accepted Answer

Chief Justice Marshall is referring to the judicial branch in this statement, which is responsible for interpreting and applying the law.

Question 3

The approach to federalism that portrays the two levels of government as antagonistic competitors for power is:

Accepted Answer

Dual federalism is the approach that portrays the two levels of government as antagonistic competitors for power, with each level having its own sphere of authority and responsibility. This approach sees the federal and state governments as equals and competitors in their respective areas of jurisdiction.

Question 4

Judicial review:

Accepted Answer

Judicial review is the power of a court to declare null and void acts of the government that are contrary to the Constitution. It is not an exclusive right of the U.S. Supreme Court, as lower federal courts and state courts also have this power. While it can be controversial, there is no indication in the question that this is a defining characteristic of judicial review.

Question 5

The definition of "a political system in which governmental powers are divided between a central government and regional and/or state governments" describes:

Accepted Answer

The definition provided is an exact description of federalism, which is a political system that distributes powers between the central government and regional/state governments. The question rules out other options like anarchy, which is a state of disorder where there is no government, and unitary government, which is the opposite of federalism as it concentrates all powers with the central government. Separation of powers and sovereignty are important elements in any political system, but they do not specifically describe the division of powers between central and regional/state governments as seen in federalism.

Question 6

The theory that the Supreme Court should decide on a case-by-case basis whether a particular provision of the U.S. Constitution should be applied to the states is:

Accepted Answer

The theory that the Supreme Court should decide on a case-by-case basis whether a particular provision of the U.S. Constitution should be applied to the states is called "selective incorporation." This approach has been used to gradually extend the protections of the Bill of Rights to state governments. It is often contrasted with the idea of "total incorporation," which holds that all provisions of the Bill of Rights should be automatically applied to the states.

Question 7

The textbook characterizes the role of the Supreme Court in interpreting the Constitution as:

Accepted Answer

The Supreme Court's role in interpreting the Constitution is evolutionary, as the Court's interpretation changes over time; limited by self-imposed rules, as the Court has certain principles it follows in interpreting the Constitution; and temporarily settling issues, as the Court's decisions serve as the final word on constitutional questions until they are reconsidered and possibly overturned in the future. Therefore, all of the above are accurate characterizations of the Court's role in interpreting the Constitution.

Question 8

Judges who tend to interject their own values into their interpretations of the law are practicing:

Accepted Answer

Judicial activism is when judges use their own values and beliefs to interpret the law and make decisions. This approach is seen as more liberal and interventionist, as judges may take a more proactive role in shaping policy and protecting individual rights. In contrast, judicial restraint involves deferring to the legislative and executive branches and interpreting the law narrowly, based on its original intent or strict construction.

Question 9

When you travel across state lines you do not have to obtain a new driver license in each state. What constitutional provision protects the recognition of "public acts, records, and judicial proceedings by every other state?"

Accepted Answer

The Full Faith and Credit Clause of Article IV, § 1 of the U.S. Constitution requires that states recognize the public acts, records, and judicial proceedings of every other state. This includes driver licenses, marriage certificates, and court judgments. Therefore, when you travel across state lines, you do not need to obtain a new driver license in each state because your license from your home state is recognized by other states under the Full Faith and Credit Clause.

Question 10

Which of the following identifies the concept which stresses the policies and procedures government must observe when depriving someone of life, liberty, and property?

Accepted Answer

Due process is the concept which stresses the policies and procedures government must observe when depriving someone of life, liberty, and property. Judicial process and inquisitorial process are both related to legal proceedings, but they do not specifically refer to the concept of due process. Therefore, the answer is option C.

Question 11

Which of the following does the judiciary consider in equal protection cases where government is treating people differently?

Accepted Answer

The judiciary considers all of the above factors in equal protection cases where government is treating people differently. The nature of the classification such as suspect classification (based on race or national origin) is given the highest level of scrutiny, while non-suspect classifications (based on age or income) receive a lower level of scrutiny. The judiciary also takes into account whether the right involved is considered to be a fundamental right. Additionally, the character of the government's interest in reaching the goal is considered, such as whether it is a compelling or a reasonable interest. Therefore, D is the correct answer.

Question 12

In Marbury v. Madison, Chief Justice Marshall argued that the Constitution:

Accepted Answer

Chief Justice Marshall argued in Marbury v. Madison that the Constitution is the supreme law of the land, meaning that it takes precedence over any conflicting state laws or actions taken by the other branches of the federal government. He did not argue that it could be altered by the Legislature, nor that it was subordinated to the will of the states.

Question 13

The First Amendment's protection of freedom of speech:

Accepted Answer

The First Amendment's protection of freedom of speech extends to "symbolic speech," which includes nonverbal expressions like burning a flag, as recognized by the Supreme Court in cases such as Texas v. Johnson.

Question 14

In Marbury v. Madison,

Accepted Answer

The Supreme Court, under Chief Justice John Marshall, denied Marbury the writ of mandamus he sought, establishing the principle of judicial review by declaring that the law Marbury called upon was unconstitutional.

Question 15

The provisions of the Bill of Rights relating to search and seizure are found in:

Accepted Answer

The provisions of the Bill of Rights relating to search and seizure are found in the Fourth Amendment, which protects citizens from unreasonable searches and seizures by the government. It requires that searches and seizures must be based on probable cause and that any warrants issued must be specific as to the place to be searched and the things to be seized.

Question 16

All persons are guaranteed "equal protection of the laws" by the:

Accepted Answer

The Fourteenth Amendment to the United States Constitution guarantees citizens "equal protection of the laws."

Question 17

The theory of constitutional interpretation that is almost formula-like in its application; that is, that the judge should apply the facts to the fundamental principles and values incorporated by the Founding Fathers in the Constitution, is:

Accepted Answer

The theory of original intent holds that judges should interpret the Constitution based on the original meaning of the text and the intentions of the Founding Fathers when they wrote it. This theory emphasizes the importance of understanding the historical and cultural context surrounding the document's creation and promotes a strict adherence to the original text. This approach is often contrasted with other theories of constitutional interpretation, such as interpretivism, which focuses more on contemporary interpretations and the evolving meaning of constitutional language over time.

Question 18

The president's power to nominate Supreme Court justices is an example of:

Accepted Answer

The power to nominate Supreme Court justices is a power given to the Executive Branch, specifically the President. This is an example of separation of powers, as it is one of the roles of the Presidency. Checks and balances are also present in the process, as the Senate must confirm the nomination. However, executive privilege and delegation do not apply in this scenario.

Question 19

Discuss the concept of judicial review and its impact upon American jurisprudence.

Accepted Answer

The answer of Discuss the concept of judicial review and...

Question 20

Discuss the case of Marbury v. Madison including, but not limited to, its facts and reasoning.

Accepted Answer

The answer of Discuss the case of Marbury v. Madison...

Quiz 6: Constitutional Law