Question 1

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

Accepted Answer

The U.S. Supreme Court is the ultimate legal authority in the United States, as it has the final say in interpreting the Constitution and federal law.

Question 2

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

Accepted Answer

The U.S. Supreme Court faces several constraints that limit its ability to produce significant social change, including the bounded nature of constitutional rights, its lack of independence from other branches of government to some extent, and its lack of tools to develop and implement policies for significant change.

Question 3

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

Accepted Answer

The constrained view suggests that the judiciary's power to effect change is limited by various factors, including the text of the law and precedent. However, ample case precedent in the general direction of the proposed change can help overcome the bounded nature of constitutional rights by providing a foundation upon which the court can build its decisions, thus expanding or interpreting constitutional rights in light of this precedent.

Question 4

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

Accepted Answer

Rosenberg (1991) posits that courts typically have an indirect effect on social and political change, emphasizing the limitations of judicial actions in instigating direct change.

Question 5

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

Accepted Answer

Anti-canonical decisions are those that are widely criticized and considered to have been wrongly decided by the U.S. Supreme Court. These decisions are often cited as examples of poor legal reasoning or judgment.

Question 6

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?

Accepted Answer

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. Authority, in Weber's view, is based on the perceived legitimacy of those in power, rather than on force or coercion.

Question 7

____________ 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."

Accepted Answer

Tradition has a powerful influence on people's psychology due to its long-standing presence and the perception of being inspired by or connected to something greater, often giving it an unquestioned authority in society.

Question 8

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:

Accepted Answer

The U.S. Supreme Court's practices of not allowing television cameras, not granting interviews, and maintaining a formal demeanor contribute to an impression of being apart from ordinary life, which is best described as "otherworldliness." This term captures the sense of being beyond or outside the everyday experiences and concerns of the public, akin to a priestly or sacred status.

Question 9

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?

Accepted Answer

Marbury v. Madison (1803) is the landmark case in which the U.S. Supreme Court established the principle of judicial review, asserting the power to declare laws unconstitutional. This decision, written by Chief Justice John Marshall, significantly shaped the role of the Supreme Court in the American legal system.

Question 10

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?

Accepted Answer

Strict constructionism is the judicial philosophy that asserts judges should interpret the U.S. Constitution as it is written, without infusing their own beliefs or interpretations into their judicial decisions, even if the outcomes are personally disagreeable to them.

Question 11

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".

Accepted Answer

Strict constructionists focus on "original intent" to understand how the Framers of the Constitution intended the text to be interpreted, especially in cases where the meaning is disputed.

Question 12

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

Accepted Answer

Strict constructionists argue that interpretations of the Constitution should be kept as close as possible to its original text. They believe that deviating from this approach leads to judicial activism, where judges might impose their own views or interpretations rather than adhering strictly to the text's original meaning.

Question 13

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

Accepted Answer

Judicial activism is often associated with the view that the U.S. Constitution should be interpreted as a "living, breathing document," meaning that its interpretation can adapt to changing societal values and circumstances. This contrasts with a more literal or originalist approach to constitutional interpretation.

Question 14

Adherents of a "living" Constitution tend to be:

Accepted Answer

Adherents of a "living" Constitution tend to be liberals because they believe that the Constitution's meaning can evolve over time to address contemporary issues and societal changes, rather than being strictly bound by its original text or the intentions of its framers.

Question 15

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.

Accepted Answer

The term "living" is used to describe constitutions that are seen as evolving over time, adapting to new circumstances and challenges, reflecting the idea that they are not static but can be interpreted and applied in ways that reflect contemporary values and conditions.

Question 16

Democratic governments everywhere have encouraged all of the following EXCEPT:

Accepted Answer

Democratic governments typically encourage the formation of trade unions, the regulation of business, and a progressive income tax as part of their efforts to promote social welfare and economic fairness. However, the local control of police and militia is not universally encouraged by democratic governments, as it can lead to fragmentation of law enforcement standards and potentially undermine national security and unity.

Question 17

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?

Accepted Answer

Shays' Rebellion was the event that took place in Massachusetts, led by Daniel Shays, a Revolutionary War veteran. It highlighted the weaknesses of the Articles of Confederation and influenced the drafting of the U.S. Constitution.

Question 18

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?

Accepted Answer

The correct clause is Article I, Section 10 of the U.S. Constitution, which explicitly forbids states from passing any laws that impair the obligation of contracts. This clause has been a significant basis for Supreme Court decisions protecting contractual agreements against state interference, which has had implications for economic and labor relations.

Question 19

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

Accepted Answer

The Fourteenth Amendment was interpreted by the U.S. Supreme Court to require states to conform with the Bill of Rights, including in economic matters, through the doctrine of incorporation. This amendment addresses citizenship rights and equal protection under the laws, and has been used to apply federal rights to the states.

Question 20

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

Accepted Answer

Coxey's Army was a protest march by unemployed workers, led by Ohio businessman Jacob Coxey, in 1894. They marched on Washington, D.C., to demand a federal public works program to create jobs during the economic depression of the 1890s.

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