Deck 7: Constitutionalism

Question 1

Which of the following statements about amending the American constitution is NOT true?

A) The Bill of Rights is a series of amendments.
B) It has been amended over twenty times.
C) Formal amendment is difficult.
D) It has no amending formula.

Answer 1

D

Question 2

Which of the following situations would be LEAST likely to occur in a country with a constitution?

A) A woman argues in court that government legislation infringes her individual rights.
B) A federal government allows state or provincial governments to run their own education systems.
C) The court and the legislature constantly fight over who has the most law-making power.
D) Changes to fundamental rules happen through a specific process, not haphazardly.

Answer 2

C

Question 3

What effect did the Constitution Act,1982 have?

A) It reduced the power of the executive.
B) It increased the power of the executive.
C) It increased the power of the legislature.
D) It enhanced the political power of the courts.

Answer 3

D

Question 4

The American Constitution is notoriously difficult to amend.What is the main reason why?

A) The amending process is the oldest in the world and does not work well with modern politics.
B) The amending process requires broad agreement across party and institutional lines.
C) The amending process is written down, so its rules cannot be bent or broken.
D) The amending process was deliberately designed.

Question 5

Which statement best describes an unwritten constitution?

A) It is a constitution that is not recorded in any fashion.
B) It may be composed of several written statutes and unwritten conventions.
C) It is composed of conventions, which are consistently followed though not legally required.
D) It is an extension of the customary law of a society.

Question 6

The Constitution Act,1982,altered the amending process.What was the outcome of that alteration?

A) The amending process became more flexible.
B) Many important amendments have recently passed.
C) It is unlikely that an amendment will ever pass.
D) The amendment process was transferred from convention to law.

Question 7

Which of the following is the most important difference between the British constitution and the American constitution?

A) The American constitution cannot be amended.
B) The British constitution cannot be amended.
C) The American constitution can only be amended by a procedure more complex than a single statute.
D) The British constitution can only be amended by a procedure more complex than a single statue.

Question 8

Which of the following is the best example of a convention?

A) A President has the power to appoint Supreme Court judges because the first President's father was a judge.
B) A President has the power to appoint Supreme Court judges because she represents the will of the people.
C) A President appoints Supreme Court judges one day because she feels like it.
D) A President dictates that meetings concerning the appointment of Supreme Court judges must not happen before lunchtime.

Question 9

Which of the following hypothetical Supreme Court decisions could not have been published before 1982?

A) The provincial government cannot make patients wait for unreasonable amounts of time for health care.
B) The federal government cannot run provincial health care systems
C) The provincial government has the power to create policies on education
D) The federal government can levy taxes from citizens of every province.

Question 10

Which term most accurately describes an unwritten constitution?

A) unamended
B) uncodified
C) understood
D) unratified

Question 11

Which of the following is NOT one of the major functions of a constitution?

A) It distinguishes between private and public law.
B) It allocates powers to different levels of government.
C) It establishes rules and responsibilities of the executive and judiciary.
D) It limits the power that can be exercised by government.

Question 12

Which document is NOT part of Canada's written constitution?

A) Canadian Charter of Rights and Freedoms
B) Constitution Act, 1867
C) Constitution Act, 1982
D) Meech Lake Accord, 1987

Question 13

Which term refers to a governmental practice or custom that is consistently followed but not legally enforceable?

A) a convention
B) an unwritten constitution
C) a custom
D) discretion

Question 14

What did the 1954 case of Brown v.The Board of Education demonstrate?

A) the influence of the courts in the Canadian constitution
B) the influence of the courts on the American constitution
C) the importance of constitutional amendment
D) the importance of stare decisis

Question 15

Why is it slightly misleading to describe the British constitution as unwritten?

A) Most of it is written down, but not in a single place or document.
B) It exists as one single, written document.
C) Unwritten implies that it is ambiguous and poorly understood when it is in fact clear and unambiguous.
D) It is so well understood that it is perhaps more definite and defined than a written constitution.

Question 16

Which of the following the best example of a country that has embraced constitutionalism?

A) A president is democratically elected, but refuses to step down at the end of her term.
B) A prime minister becomes overly ambitious and power hungry, and loses the confidence of the majority of the representative of the House. He peacefully steps down.
C) A king allows some powers to be given to elected representatives.
D) A government decides to do whatever it deems necessary to protect society.

Question 17

The Statute of Westminster,1931,limited Britain's right to legislate for Canada.In which area did it retain the right to legislate for Canada?

A) public law
B) constitutional amendments
C) criminal law
D) federal matters

Question 18

Why is a government most likely to follow a convention?

A) Breaking a convention could lead to a drop in popular support.
B) Breaking a convention could lead to a drop in judicial support.
C) Breaking a convention could lead to a drop in political support.
D) Breaking a convention could lead to a drop in legislative support.

Question 19

If a Prime Minister changed the way cabinet ministers are appointed,what would be the most likely consequence?

A) A judicial inquiry at the Supreme Court level.
B) The beginning of a lengthy legislative process to amend the constitution.
C) Public outcry and a loss of political support
D) The Governor General stepping in and removing the Prime Minister from office.

Question 20

If the government wanted to change the way in which the Prime Minister is selected,what would have to happen politically?

A) No formal amendment would have to be made.
B) An amendment using the "unanimous procedure" would have to be made.
C) An amendment using the "general procedure" would have to be made
D) An amendment using the "bilateral procedure" would have to be made

Question 21

What does the principle of "satyagraha" involve?

A) Staging violent protests
B) Organizing political protests through social media
C) Relying on the power of truth to achieve change
D) Forcibly overthrowing oppressors

Question 22

The constitution helps to regulate the way that a state is organized.

Question 23

Civil disobedience is only effective in:

A) societies that have a constitutional bill of rights
B) societies that allow peaceful protest
C) societies that values the rule of law
D) societies that are liberal democracies

Question 24

What does the preamble to Canada's Constitution Act,1867,emphasize?

A) rights
B) freedoms
C) discretion
D) continuity

Question 25

What principle did the Magna Carta (Great Charter),signed by King John in 1215,establish?

A) Secular affairs took precedence over religious matters.
B) The citizens of the country were to be taxed to pay for the running of the state.
C) The king was accountable to Parliament.
D) The monarch had to rule within the law of the land.

Question 26

Which statement about the American constitution is true?

A) It is the world's oldest surviving written constitution.
B) It is the world's most modern constitution.
C) It is older than the British constitution.
D) It is more modern than the Canadian constitution.

Question 27

The Magna Carta was the name of the first Canadian constitution,signed in 1867.

Question 28

Which province's refusal to ratify the Constitution Act,1982,was the origin of modern constitutional debate in Canada?

A) Quebec
B) Alberta
C) Newfoundland
D) Manitoba

Question 29

Which of the following examples most clearly exemplifies the same principles as the Magna Carta?

A) A citizen fights treason charges on the grounds that the sovereign has no power over her.
B) A "friendly dictator" extends his constitutionally defined term from four years to ten.
C) An independent judiciary strikes down parliamentary statues when they conflict with the constitution.
D) When war is declared, a King can never force his subjects to fight.

Question 30

Which of the following is NOT part of the British constitution?

A) Act of Settlement, 1701
B) Parliament Act, 1911
C) Magna Carta, 1215
D) Bill of Rights, 1789

Question 31

What was the celebrated case of Roncarelli v.Duplessis an example of?

A) judicial review of legislation
B) legislation
C) parliamentary sovereignty
D) judicial review of executive action

Question 32

A police officer arrests a man for wearing a colour he hates.There are no laws regulating wardrobe colour,so the officer charger the man with the offence of disrupting the peace.What is this situation an example of?

A) A state that practices discretion.
B) A state that does not practice discretion.
C) A state that recognizes the principle "no punishment without law."
D) A state that does not recognize the principle "no punishment without law."

Question 33

Logically,what does the ideal of the rule of law require and lead to?

A) A strict adherence to the letter of the law.
B) Limited state power.
C) The creation of a large police force and armed military
D) A regime where the ruler governs by force.

Question 34

Which of the following is the best example of discretion under the rule of law?

A) A police officer arrests a woman for wearing a short skirt because it is related to laws against public nudity.
B) A provincial health committee recommends sweeping reforms in hospital emergency rooms to cut wait times.
C) A judge withholds her reasons for convicting an important government official of assault.
D) A government official is secretive about claims that his party in involved in a corruption scandal.

Question 35

The famous case of Brown v.Board of Education and the failure of the proposed Equal Rights Amendment both reveal that the U.S.Constitution is,to a large extent,what the courts say it is.

Question 36

Which case is considered the foundational case on the rule of law in Canada?

A) Roncarelli v. Duplessis
B) Plessy v. Ferguson
C) Brown v. Board of Education
D) Marbury v. Madison

Question 37

What does the rule of law NOT permit?

A) a government official acting without legal authorization
B) the use of discretion by government
C) the use of customary law
D) judges' rulings being overturned

Question 38

In politics,a convention refers to a practice of government that is not legally required.

Question 39

Which of the following statements best describes the evolution of the unwritten British Constitution over time?

A) Statutes gave increasing power to the King and the House of Lords.
B) Unwritten laws were forgotten.
C) It became more and more codified.
D) Statutes placed increasing restrictions on the use of power by non-elected officials.

Question 40

Canada's first written constitution was formally adopted by Parliament in the Statute of Westminster.

Question 41

The working machinery of parliamentary government in Canada is largely based on conventions.

Question 42

Name the three main ways of changing the Canadian constitution.

Question 43

Define and explain the significance of the Magna Carta.

Question 44

There are now three main ways of changing the Canadian constitution: unanimous procedure,general procedure,and bilateral procedure.

Question 45

The British constitution is considered to be an ________ constitution,while the American constitution is considered to be a ___________ constitution,and the Canadian constitution may be seen as a ______ of the two models.

Question 46

The ___________ (Great Charter)is the oldest statute of the _________ constitution.It established the principle that the sovereign had to govern within the ___________.

Question 47

In Canada,the Senate actually has what is called a suspensory veto,which means that if it does not agree to a constitutional amendment,then the amendment fails.

Question 48

While the British constitution is rigid and written in its Magna Carta,the American constitution is flexible and reflected in its so-called Philadelphia conventions.

Question 49

Compare and contrast the differences and similarities among the British,American,and Canadian constitutions.

Question 50

Canada's Constitution Act,1867 does not even mention the words prime minister and cabinet.

Question 51

The rule of law does not preclude the fact that the executive branch of government confers immunity for actions taken outside the law.

Question 52

In law enforcement and in government,the flexibility to decide something within the broader framework of the rule of law is called __________.

Question 53

The suffragists were a group of people willing to suffer police abuse to highlight breaches in the rule of law.

Question 54

Define and explain the significance of the rule of law and judicial interpretation.

Question 55

Two important aspects of the rule of law include: no ________ without law (nulla poena sine lege),and recognized _______.

Question 56

Social media has proven to be an ineffective tool for challenging the rule of law.

Question 57

Despite their important differences,both the British and American constitutions are similar in that they have relatively flexible amending procedures.

Question 58

Whatever happens to the formal amending procedures,the most important mechanism of constitutional change in Canada now is judicial interpretation.

Question 59

__________ is a form of peaceful protest where the aim is to be arrested

Question 60

The Constitution Act of ________ lists and confirms the pre-existing constitutional rights in Canada but also introduces the ____________________ as an instrument that limits the powers of federal and provincial governments.

Question 61

In your opinion,would a written or unwritten constitution be preferable? Why?

Question 62

Why is the government "subject to law"? How can the government make law,enforce law,but also be subject to law?

Question 63

Define and explain the significance of recognized procedure.

Question 64

Drafters of the Constitution Act,1982 were able to look to the American constitutional experience for ideas on what to adapt and what to avoid.How might the American experience have influenced the creation of the Canadian amending procedure?