Question 1

In Thomas v. Union Carbide (1985), the Court held that there was no right to a jury trial when Congress had created other administrative remedies.

Accepted Answer

In Thomas v. Union Carbide (1985), the Court held that there was no right to a jury trial when Congress had created other administrative remedies.

Question 2

The Seventh Amendment provides the right to adequate counsel in a court of law.

Accepted Answer

The Seventh Amendment guarantees the right to a trial by jury in civil cases, but it does not address the right to counsel. The Sixth Amendment, on the other hand, provides the right to counsel in criminal cases.

Question 3

The U.S. Constitution established a federal system to preserve the existing state governments, while creating a new national government strong enough to deal with the country's problems.

Accepted Answer

The U.S. Constitution did establish a federal system that allowed for the continuation of state governments while creating a stronger national government. This was done to address the issues the country faced at the time while maintaining a degree of state autonomy.

Question 4

Tenth Amendment has been referred to, on occasion, as the forgotten amendment in the Bill of Rights, because it is seldom used as a basis for Supreme Court decisions.

Accepted Answer

The answer of Tenth Amendment has been referred to, on...

Question 5

The Necessary and Proper Clause has become the basis for the implied powers of Congress.

Accepted Answer

The Necessary and Proper Clause, also known as the Elastic Clause, gives Congress the power to pass laws that are necessary and proper for carrying out its other powers granted by the Constitution. These necessary and proper laws include implied powers that are not explicitly listed in the Constitution but are necessary for Congress to effectively carry out its enumerated powers.

Question 6

The Ninth Amendment highlights the founders' belief that government's powers are limited by the rights of the people, not the other way around.

Accepted Answer

The Ninth Amendment states that the enumeration of certain rights in the Constitution should not be construed to deny or disparage other rights retained by the people. This suggests that the founders believed the government's powers were limited by the rights of the people.

Question 7

The Third Amendment dates back to colonial times, when England expected the citizenry to feed and shelter British soldiers.

Accepted Answer

The Third Amendment was added to the US Constitution in 1791 and was a response to British troops being quartered in private homes during the colonial era. England did not expect the citizenry to feed and shelter soldiers, but rather forced homeowners to allow soldiers to stay in their homes without their consent or compensation.

Question 8

Although the Constitution recognizes both the power of the states and the power of the federal government, it contains the Supremacy Clause in Article 6, which states that the Constitution of the United States is "the supreme law of the land."

Accepted Answer

The Supremacy Clause in Article 6 of the Constitution establishes that the Constitution, along with federal laws and treaties, are the highest law of the land and take precedence over conflicting state laws.

Question 9

The first state to pass a victims' rights constitutional amendment was:

Accepted Answer

California was the first state to pass a victims' rights constitutional amendment in 1982, known as Proposition 8 or the "Victims' Bill of Rights." This amendment aimed to provide certain rights to crime victims, including the right to restitution and the right to be treated with respect and dignity.

Question 10

The concept behind the Tenth Amendment was important enough that it was the only Amendment agreed on by all the states recommending a Bill of Rights.

Accepted Answer

The Tenth Amendment, which reserves powers not delegated to the federal government to the states or the people, was unanimously agreed upon by all the states at the Constitutional Convention and was included as part of the Bill of Rights.

Question 11

Unlike the other Amendments, the Tenth Amendment clearly states and ensures specific individual rights.

Accepted Answer

The Tenth Amendment does not specifically state individual rights, but rather reserves powers not delegated to the federal government to the states or to the people.

Question 12

Although the Third Amendment has never been subjected to Supreme Court review, it holds historical relevance and stands for the general principle that government is to leave people alone without compelling cause.

Accepted Answer

The statement accurately reflects the purpose and historical significance of the Third Amendment.

Question 13

What article addresses the process for amending the Constitution?

Accepted Answer

Article Five addresses the process for amending the Constitution, including the requirement of a two-thirds vote in both the House and Senate or a convention called for by two-thirds of state legislatures, as well as ratification by three-fourths of state legislatures or ratifying conventions.

Question 14

What was the significance of the Nineteenth Amendment to the Constitution?

Accepted Answer

The Nineteenth Amendment to the Constitution gave women the right to vote. Prior to this, women did not have the same political rights as men and were not allowed to vote in elections. The amendment was a major milestone in the fight for gender equality and helped pave the way for future advancements in women's rights.

Question 15

When Congress enacted the Gun-Free School Zones Act of 1990, a person knowingly possessing a firearm in an area the person knows to be a school zone was made a federal offense

Accepted Answer

The Gun-Free School Zones Act of 1990 made it a federal offense for a person knowingly possessing a firearm in an area the person knows to be a school zone.

Question 16

The Ninth Amendment has generated significant controversy and much scholarly debate as to what the framers meant and intended with this amendment.

Accepted Answer

The Ninth Amendment's language is vague and open to interpretation, leading to much debate and controversy over its original meaning and intended scope.

Question 17

With the exception of specific instances in which Congress specified a seven-year limit, all other Amendments become inoperative unless they are ratified within how many years of the proposal?

Accepted Answer

The U.S. Constitution does not require Congress to set a time limit for the ratification of amendments. However, Congress has often chosen to set a seven-year limit for the ratification process. If no time limit is specified, there is technically no deadline, although the practicality of ratifying an amendment does decrease as more time passes.

Question 18

The Supreme Court and others have acknowledged that Seventh Amendment analysis is mostly historical.

Accepted Answer

The Seventh Amendment requires a jury trial in certain civil cases, and its interpretation is heavily dependent on historical analysis of common law practices at the time of its enactment. The Supreme Court and other courts have recognized that historical analysis plays a significant role in determining the scope and application of the Seventh Amendment.

Question 19

While additional Amendments exist, the Bill of Rights laid a foundation for individual freedoms, and these freedoms stop with the Tenth Amendment.

Accepted Answer

The Tenth Amendment states that powers not delegated to the federal government are reserved for the states or the people, but it does not limit individual freedoms to only those listed in the Bill of Rights. The Ninth Amendment specifically states that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage other rights retained by the people. Therefore, individual freedoms are not limited to the Bill of Rights and can be protected by other amendments or by judicial interpretation of the Constitution.

Question 20

Which Amendment requires that the right to vote shall not be denied or abridged because of race, color, or previous condition of servitude?

Accepted Answer

The Fifteenth Amendment, ratified in 1870, protects the right to vote for all citizens, regardless of race, color, or previous condition of servitude. This amendment specifically aimed at ensuring that African American men could not be denied the right to vote.

Quiz 13: The Remaining Amendments and a Return to the Constitution

In Thomas v. Union Carbide (1985), the Court held that there was no right to a jury trial when Congress had created other administrative remedies.

The Seventh Amendment provides the right to adequate counsel in a court of law.

The U.S. Constitution established a federal system to preserve the existing state governments, while creating a new national government strong enough to deal with the country's problems.

Tenth Amendment has been referred to, on occasion, as the forgotten amendment in the Bill of Rights, because it is seldom used as a basis for Supreme Court decisions.

The Necessary and Proper Clause has become the basis for the implied powers of Congress.

The Ninth Amendment highlights the founders' belief that government's powers are limited by the rights of the people, not the other way around.

The Third Amendment dates back to colonial times, when England expected the citizenry to feed and shelter British soldiers.

Although the Constitution recognizes both the power of the states and the power of the federal government, it contains the Supremacy Clause in Article 6, which states that the Constitution of the United States is "the supreme law of the land."

The first state to pass a victims' rights constitutional amendment was:

The concept behind the Tenth Amendment was important enough that it was the only Amendment agreed on by all the states recommending a Bill of Rights.

Unlike the other Amendments, the Tenth Amendment clearly states and ensures specific individual rights.

Although the Third Amendment has never been subjected to Supreme Court review, it holds historical relevance and stands for the general principle that government is to leave people alone without compelling cause.

What article addresses the process for amending the Constitution?

What was the significance of the Nineteenth Amendment to the Constitution?

When Congress enacted the Gun-Free School Zones Act of 1990, a person knowingly possessing a firearm in an area the person knows to be a school zone was made a federal offense

The Ninth Amendment has generated significant controversy and much scholarly debate as to what the framers meant and intended with this amendment.

With the exception of specific instances in which Congress specified a seven-year limit, all other Amendments become inoperative unless they are ratified within how many years of the proposal?

The Supreme Court and others have acknowledged that Seventh Amendment analysis is mostly historical.

While additional Amendments exist, the Bill of Rights laid a foundation for individual freedoms, and these freedoms stop with the Tenth Amendment.

Which Amendment requires that the right to vote shall not be denied or abridged because of race, color, or previous condition of servitude?