Question 1

Do long-standing statutory restrictions favoring the two party system and discouraging the growth of third parties violate the constitutional rights of voters?

Accepted Answer

The issue of long-standing statutory restrictions favoring the two-party system and discouraging the growth of third parties is a complex and contentious one. On one hand, supporters of the two-party system argue that it provides stability and coherence in governance, and that third parties can often lead to fragmentation and instability. On the other hand, critics argue that these restrictions limit the choices available to voters and can stifle political innovation and diversity.

In terms of constitutional rights, the question of whether these restrictions violate the rights of voters is a matter of interpretation. The First Amendment of the United States Constitution guarantees the right to freedom of speech and association, and some argue that restrictions on third parties infringe upon these rights by limiting the ability of voters to support and associate with the political parties of their choice.

However, the Supreme Court has upheld certain restrictions on third parties in the past, such as ballot access requirements, on the grounds that they serve legitimate state interests such as preventing ballot overcrowding and ensuring the stability of the electoral process.

Ultimately, the question of whether long-standing statutory restrictions favoring the two-party system and discouraging the growth of third parties violate the constitutional rights of voters is a matter of ongoing debate and legal interpretation. It is a complex issue that requires careful consideration of the competing interests at play, including the need for stable governance and the protection of individual rights.

Question 2

Is the recently enacted ban on unlimited soft money contributions to political parties constitutional?

Accepted Answer

As of my last update in early 2023, the ban on unlimited soft money contributions to political parties in the United States is considered constitutional. This ban was enacted as part of the Bipartisan Campaign Reform Act (BCRA) of 2002, commonly known as the McCain-Feingold Act, after its main sponsors, Senators John McCain and Russ Feingold.

The BCRA addressed various campaign finance issues, including the use of "soft money," which refers to contributions made to political parties for activities intended to influence elections indirectly, such as voter mobilization and issue advocacy, rather than directly supporting or opposing specific candidates. Before the BCRA, there were no limits on the amounts that individuals, corporations, or unions could donate to political parties as soft money, which led to concerns about potential corruption and undue influence in the political process.

In the landmark case McConnell v. Federal Election Commission (2003), the United States Supreme Court upheld the major provisions of the BCRA, including the ban on unlimited soft money contributions. The Court ruled that the restrictions on soft money were constitutional as they served to prevent corruption or the appearance of corruption in the political system.

However, subsequent court decisions, most notably Citizens United v. Federal Election Commission (2010), have significantly altered the campaign finance landscape by allowing corporations and unions to spend unlimited amounts on independent political expenditures, though not directly to candidates or parties. This has led to the rise of Super PACs and other political organizations that can receive and spend unlimited amounts of money, often referred to as "dark money" when the sources of the funds are not disclosed.

It's important to note that campaign finance laws and their interpretations can evolve, and future court decisions or legislative changes could impact the constitutionality of bans on soft money contributions or other aspects of campaign finance. Always refer to the most recent legal developments and court rulings for the current status of these laws.

Question 3

First enacted by Mississippi in 1890 as a means of preventing Blacks from voting, the _________ soon spread throughout Southern and border states.

Accepted Answer

The grandfather clause was a legal or constitutional mechanism passed by seven Southern states, beginning with Mississippi in 1890, to deny suffrage to Black Americans by exempting those whose ancestors had the right to vote before the Civil War (thus, mostly white males) from new voting requirements such as literacy tests and poll taxes. This effectively prevented many Blacks, and also poor whites, from voting, without directly violating the 15th Amendment.

Question 4

Which is more fundamental in a democracy, the right to vote or freedom of speech?

Accepted Answer

The answer of Which is more fundamental in a democracy,...

Question 5

Does the Supreme Court's requirement of uniform state-wide standards for recounting votes in presidential elections follow logically from its reapportionment decisions of the 1960's?

Accepted Answer

The answer of Does the Supreme Court's requirement of uniform...

Question 6

Oklahoma's version of the ___________________, adopted as an amendment to the state constitution in 1910, required literacy tests for all voters whose ancestors had not been entitled to vote prior to 1866.

Accepted Answer

The language in the question is referring to the grandfather clause. The clause stated that a person could only vote if their grandfather could vote, which excluded many African Americans since their grandfathers were often enslaved and therefore not eligible to vote. The addition of literacy tests further disenfranchised African American voters. The poll tax and white primary were also used in Oklahoma and other southern states as methods to restrict voting rights for African Americans, but they are not the best choice for this specific question. The 15th Amendment was adopted in 1870 and granted voting rights regardless of race or color, but it was not specific to Oklahoma and did not mandate literacy tests.

Question 7

The voting age in all elections was lowered to eighteen with the ratification of the _____ Amendment to the Constitution in _____.

Accepted Answer

The 26th Amendment to the Constitution, ratified in 1971, lowered the voting age to eighteen for all elections. The other options listed either do not pertain to the voting age or are incorrect dates for the ratification of amendments.

Question 8

Every ten years, after completion of the census, ____ reallocates Congressional seats among the states.

Accepted Answer

Congress is responsible for reallocating Congressional seats among the states based on the census data every ten years, a process known as reapportionment.

Question 9

In 1941, Congress enacted a law specifying that the method of "_________" would be used to ascertain the number of Congressional seats to which each state would be entitled.

Accepted Answer

The method of equal proportions is commonly used to allocate seats in the U.S. House of Representatives based on each state's population. This method takes into account both the size of the state's population and the total number of seats available, and seeks to allocate seats in a way that ensures each state is represented fairly. This method was enshrined into law by Congress in 1941, and is still in use today.

Question 10

Under Article I, Section 2 of the Constitution, ___________.

Accepted Answer

Article I, Section 2 of the Constitution guarantees each state at least one Congressional seat, prohibits district lines from crossing state borders, and establishes a minimum population requirement of 30,000 persons per district.

Question 11

Chisom v. Roemer involved a challenge to the system for electing judges to the ____________ supreme court.

Accepted Answer

Chisom v. Roemer involved a challenge to the system for electing judges to the Louisiana supreme court.

Question 12

In the mid?1960s, a widely publicized effort to overrule the reapportionment decisions through constitutional amendment was spearheaded by Senate minority leader _______.

Accepted Answer

The widely publicized effort to overrule the reapportionment decisions through constitutional amendment was spearheaded by Senate minority leader Everett Dirksen in the mid-1960s.

Question 13

Should the Voting Rights Act of 1965 be extended once again in 2031 when the Act is set to expire, or have we reached the point where such federal oversight is no longer necessary?

Accepted Answer

The answer of Should the Voting Rights Act of 1965...

Question 14

Is it appropriate for federal courts to scrutinize forms of local government, such as at-large elections, in order to insure that minority voting strength is not diluted? Is federal judicial involvement in these matters, which were traditionally left to local governments, necessary and legitimate, or is it excessive judicial activism?

Accepted Answer

The answer of Is it appropriate for federal courts to...

Question 15

The Twenty-Fourth Amendment, ratified in 1964, abolished _______ as prerequisites for voting in federal elections.

Accepted Answer

The Twenty-Fourth Amendment abolished poll taxes as prerequisites for voting in federal elections. Literacy tests, citizenship requirements, and residency requirements were not targeted by this amendment.

Question 16

In view of the vast expansion of the right of American citizens to elect their representatives at all levels of government, what justifications, if any, still exist for retaining the electoral college?

Accepted Answer

The answer of In view of the vast expansion of...

Question 17

Could Congress or a state legislature constitutionally require employers to grant employees "time off" to vote without a reduction in pay?

Accepted Answer

The answer of Could Congress or a state legislature constitutionally...

Question 18

Did the Framers of the Fourteenth Amendment intend for the Equal Protection Clause to be applied to the problem of malapportionment? If not, how does one justify the Supreme Court's historic reapportionment decisions?

Accepted Answer

The answer of Did the Framers of the Fourteenth Amendment...

Question 19

Did the passage of the Seventeenth Amendment, providing for the popular election of United States Senators fundamentally alter the balance of power between the national government and the states?

Accepted Answer

The answer of Did the passage of the Seventeenth Amendment,...

Question 20

Does Congress have the constitutional authority to prohibit state legislatures from gerrymandering congressional districts?

Accepted Answer

The answer of Does Congress have the constitutional authority to...

Quiz 8: Elections, Representation, and Voting Rights