American Government Brief Version 11th Edition by James Q. Wilson – Test Bank

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American Government Brief Version 11th Edition by James Q. Wilson – Test Bank

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CHAPTER 2: The Constitution

 

MULTIPLE CHOICE

 

1. Which of the following statements regarding the Constitutional Convention is incorrect?

a.	None of the delegates was chosen by popular election.
b.	The delegates met in secret.
c.	There was no media coverage of the Convention.
d.	Officially, the delegates were sent to create a new government.
e.	One state sent no delegates at all.

 

 

ANS:  D                    REF:   11                  NOT:  Factual

 

2. Which president was physically disabled without most Americans even knowing?

a.	George Washington
b.	Andrew Jackson
c.	Franklin Roosevelt
d.	Harry Truman
e.	Woodrow Wilson

 

 

ANS:  C                    REF:   12                  NOT:  Factual

 

3. The text notes a recent Supreme Court case involving ________ received extensive and intense media coverage before and after the Court’s decision.

a.	health care
b.	the death penalty
c.	the Exclusionary Rule
d.	affirmative action
e.	school desegregation

 

 

ANS:  A                    REF:   12                  NOT:  Applied

 

4. The goal of the American Revolution was

a.	equality.
b.	financial betterment.
c.	political efficacy.
d.	liberty.
e.	fraternity.

 

 

ANS:  D                    REF:   14                  NOT:  Conceptual

 

5. The Russian Revolution (1917) and the Chinese Revolution (1949) were chiefly concerned with

a.	politics.
b.	economics.
c.	equality.
d.	liberty.
e.	fraternity.

 

 

ANS:  C                    REF:   14                  NOT:  Conceptual

 

6. The explanation for the inadequacy of British government was

a.	ideology.
b.	human nature.
c.	distance.
d.	economics.
e.	political inefficiency.

 

 

ANS:  B                    REF:   14                  NOT:  Conceptual

 

7. The liberties that the colonists fought to protect were based on

a.	the Bill of Rights in the federal Constitution.
b.	the rights proclaimed originally by the king of England.
c.	the leaders of the French Revolution.
d.	“natural rights” created by God.
e.	human nature.

 

 

ANS:  D                    REF:   14                  NOT:  Conceptual

 

8. Jefferson changed __________ to “pursuit of happiness” when he wrote the Declaration of Independence.

a.	“pleasure”
b.	“security”
c.	“welfare”
d.	“equality”
e.	“property”

 

 

ANS:  E                    REF:   14                  NOT:  Factual

 

9. For most Americans, the Revolution was about

a.	money.
b.	property.
c.	ideology.
d.	trade.
e.	expansion.

 

 

ANS:  C                    REF:   15                  NOT:  Conceptual

 

10. The Declaration of Independence contains twenty-seven paragraphs that list

a.	specific complaints against the king and his ministers.
b.	political prisoners in the colonies.
c.	rights enumerated in the British constitution.
d.	trade regulations violated by British ships.
e.	reasons for desiring a written constitution.

 

 

ANS:  A                    REF:   15                  NOT:  Factual

 

11. In drafting the Declaration, Jefferson originally added an item that addressed the issue of __________  but Congress decided to drop it from the document.

a.	piracy
b.	slavery
c.	commercial trade
d.	capital punishment
e.	pardons

 

 

ANS:  B                    REF:   15                  NOT:  Factual

 

12. The political theory of the Declaration of Independence was influenced greatly by the writings of

a.	Thomas Hobbes.
b.	Soren Kierkegaard.
c.	John Locke.
d.	Karl Marx.
e.	Elbert Hubbard.

 

 

ANS:  C                    REF:   15                  NOT:  Factual

 

13. Two Treatises of Government argued that __________ was a critical element in the formation of government.

a.	representation
b.	elasticity
c.	compromise
d.	voluntary consent
e.	social equality

 

 

ANS:  D                    REF:   15                  NOT:  Conceptual

 

14. Who said that the “real revolution” was the “radical change in the principles, opinions, and sentiments, and affections of the people”?

a.	James Madison
b.	John Locke
c.	Thomas Jefferson
d.	John Adams
e.	George Washington

 

 

ANS:  D                    REF:   15                  NOT:  Factual

 

15. The “new sentiment” that the United States was founded upon was

a.	concentrated political power.
b.	tradition.
c.	compromise.
d.	economic equality.
e.	consent of the governed.

 

 

ANS:  E                    REF:   16                  NOT:  Conceptual

 

16. The period of time between the Revolution and the signing of the Constitution was __________ years.

a.	two
b.	four
c.	six
d.	nine
e.	eleven

 

 

ANS:  E                    REF:   16                  NOT:  Factual

 

17. The problem with the government created under the Articles of Confederation was that

a.	it allowed well-populated states to exploit less-populated states.
b.	it offended citizens with high rates of taxation.
c.	it received such strong support that it became abusive.
d.	several states refused to ratify the Articles and did not belong to the new government.
e.	it was too weak and could not rule effectively.

 

 

ANS:  E                    REF:   16                  NOT:  Conceptual

 

18. The Articles of Confederation went into effect in

a.	1770.
b.	1790.
c.	1781.
d.	1776.
e.	1787.

 

 

ANS:  C                    REF:   16                  NOT:  Factual

 

19. Under the Articles of Confederation, there was

a.	no national judicial system.
b.	a politically inept judicial system.
c.	a small judicial system.
d.	a weak judicial system.
e.	an all-powerful judicial system.

 

 

ANS:  A                    REF:   16                  NOT:  Factual

 

20. The stated purpose for the delegates’ assembly in Philadelphia in 1787 was to

a.	write a new constitution.
b.	discuss trade regulation.
c.	discuss taxation.
d.	revise the Articles of Confederation.
e.	discuss slavery.

 

 

ANS:  D                    REF:   17                  NOT:  Factual

 

21. The convention in Philadelphia lasted about

a.	two weeks.
b.	four months.
c.	ten months.
d.	one year.
e.	eleven years.

 

 

ANS:  B                    REF:   17                  NOT:  Factual

 

22. The __________ constitution was the most radically democratic of the new state regimes.

a.	Massachusetts
b.	Pennsylvania
c.	New Jersey
d.	Virginia
e.	Connecticut

 

 

ANS:  B                    REF:   17                  NOT:  Factual

 

23. The experience of Pennsylvania’s constitution demonstrated that

a.	the people are competent to exercise power wisely.
b.	it is possible to give minority groups too much protection.
c.	the doctrine of separation of powers works well.
d.	majority rule is an efficient safeguard to political rights.
e.	even democracies can be tyrannical by placing all power in one set of hands.

 

 

ANS:  E                    REF:   17                  NOT:  Conceptual

 

24. Which of the following is true of the Massachusetts constitution?

a.	It was far more democratic than the Pennsylvania constitution.
b.	It did not provide for a separation of powers.
c.	It provided for a directly elected governor.
d.	It allowed a limited four-year term for state judges.
e.	It created the office of governor to be held by three persons at once.

 

 

ANS:  C                    REF:   17                  NOT:  Factual

 

25. The experience of the Massachusetts constitution of 1780 proved that even a conservative form of government could

a.	be too weak.
b.	guarantee personal liberties.
c.	function without a clear separation of powers.
d.	govern effectively without a court system.
e.	reduce the possibility of excessive taxes.

 

 

ANS:  A                    REF:   17                  NOT:  Conceptual

 

26. Shays’s Rebellion was conducted by a group of

a.	former politicians.
b.	poverty stricken ship owners and seamen.
c.	disgruntled bankers and financers.
d.	ex-Revolutionary War officers and soldiers.
e.	Both options a and c are true.

 

 

ANS:  D                    REF:   17                  NOT:  Factual

 

27. Who, notably, said, “A little rebellion now and then is a good thing”?

a.	Washington
b.	Adams
c.	Jefferson
d.	Madison
e.	Jackson

 

 

ANS:  C                    REF:   17| 18            NOT:  Factual

 

28. Shays’s Rebellion was interpreted by political leaders at the time as proving that

a.	too little political power was left to the states.
b.	state militias were a satisfactory answer to foreign invasion.
c.	there was much popular dissatisfaction with the leadership of George Washington.
d.	the British still retained the allegiance of many Americans.
e.	many state governments were about to collapse from internal dissension.

 

 

ANS:  E                    REF:   18                  NOT:  Conceptual

 

29. The Philadelphia convention attracted a total of __________ delegates.

a.	74
b.	55
c.	39
d.	30
e.	12

 

 

ANS:  B                    REF:   18                  NOT:  Factual

 

30. About __________ of the delegates in Philadelphia were regular participants at the convention.

a.	74
b.	35
c.	39
d.	30
e.	12

 

 

ANS:  D                    REF:   18                  NOT:  Factual

 

31. A conspicuous number of delegates at the Constitutional Convention were

a.	lawyers.
b.	doctors.
c.	military generals.
d.	French.
e.	New Yorkers.

 

 

ANS:  A                    REF:   18                  NOT:  Factual

 

32. Of the men at the Constitutional Convention, the most famous in the world as a scientist and writer was

a.	Alexander Hamilton.
b.	George Washington.
c.	James Madison.
d.	Thomas Jefferson.
e.	Benjamin Franklin.

 

 

ANS:  E                    REF:   18                  NOT:  Factual

 

33. The Constitutional Convention can be described as

a.	creating a new form of national government.
b.	revising the Articles of Confederation.
c.	supporting state sovereignty.
d.	favoring a parliamentary system of governance.
e.	forming the world’s first large direct democracy.

 

 

ANS:  A                    REF:   18                  NOT:  Conceptual

 

34. The framers believed that which of the following is a greater threat than rule by the few?

a.	Inequality
b.	Tyranny of the majority
c.	Decentralization
d.	States’ rights
e.	Aristocracy

 

 

ANS:  B                    REF:   19                  NOT:  Conceptual

 

35. The chief problem the Framers faced was balancing the power of the government to maintain

a.	liberty.
b.	equality.
c.	states’ rights.
d.	economic status.
e.	political efficacy.

 

 

ANS:  A                    REF:   19                  NOT:  Conceptual

 

36. The Virginia Plan was authored by

a.	Alexander Hamilton.
b.	George Washington.
c.	Benjamin Franklin.
d.	James Madison.
e.	John Adams.

 

 

ANS:  D                    REF:   20                  NOT:  Factual

 

37. The Virginia Plan called for

a.	a strong national union with two branches of government.
b.	a strong national union with three branches of government.
c.	a weak national union with two branches of government.
d.	a weak national union with three branches of government.
e.	a weak national union with an all-powerful legislature.

 

 

ANS:  B                    REF:   20                  NOT:  Factual

 

38. The New Jersey Plan was favored by less-populated states because

a.	both houses of Congress would be based on population.
b.	the president probably would reside in less-populated states.
c.	the president would be elected by vote of the people.
d.	states were taxed on the basis of population.
e.	Congress would be unicameral, with each state having one vote.

 

 

ANS:  E                    REF:   21                  NOT:  Conceptual

 

39. The Great Compromise allocated representation on the basis of

a.	population in both houses.
b.	equality in both houses.
c.	population in the House and equality in the Senate.
d.	equality in the House and population in the Senate.
e.	a changing structure every four years.

 

 

ANS:  C                    REF:   21                  NOT:  Factual

 

40. The number of senators allowed to each state under the Great Compromise was

a.	one.
b.	two.
c.	based on population.
d.	two, plus additional members on the basis of population.
e.	two, plus additional members on the basis of state seniority.

 

 

ANS:  B                    REF:   21                  NOT:  Factual

 

41. Under the Great Compromise, senators were chosen by

a.	the electoral college.
b.	vote of the people.
c.	state governors.
d.	the judiciary of each state.
e.	state legislatures.

 

 

ANS:  E                    REF:   21                  NOT:  Factual

 

42. The Great Compromise received support because it

a.	reconciled the interests of small and large states.
b.	allowed for the election of the president by the electoral college.
c.	proposed the Bill of Rights.
d.	gave the Supreme Court the power of judicial review.
e.	allowed slavery to continue in the southern states.

 

 

ANS:  A                    REF:   22                  NOT:  Conceptual

 

43. By the end of the Convention, one state was represented by a single delegate—the other delegates having left the Convention; that state was

a.	Pennsylvania.
b.	New York.
c.	Massachusetts.
d.	Georgia.
e.	North Carolina.

 

 

ANS:  B                    REF:   22                  NOT:  Factual

 

44. The electoral college, judicial review, and indirect election of the Senate are ________ features of the Constitution.

a.	federal
b.	antifederalist
c.	anti-democratic
d.	democratic
e.	bicameral

 

 

ANS:  C                    REF:   22                  NOT:  Conceptual

 

45. When all was said and done, the delegates of __________ states who remained in Philadelphia approved the Constitution.

a.	5
b.	9
c.	12
d.	13
e.	15

 

 

ANS:  C                    REF:   22                  NOT:  Factual

 

46. Technically speaking, there were never more than __________ states represented at the Convention.

a.	5
b.	6
c.	9
d.	11
e.	12

 

 

ANS:  D                    REF:   22                  NOT:  Factual

 

47. All of the delegates from the State of __________ left the Convention, with the exception of Alexander Hamilton.

a.	New Hampshire
b.	Rhode Island
c.	New York
d.	Massachusetts
e.	Georgia

 

 

ANS:  C                    REF:   22                  NOT:  Factual

 

48. Which of the following statements regarding the signing of the Constitution is incorrect?

a.	It contains 39 signatures.
b.	One person signed his own name and the name of another delegate not in attendance.
c.	Only one delegate from New York signed.
d.	Three delegates who were present at the signing refused to sign.
e.	None of the above is true.

 

 

ANS:  E                    REF:   22                  NOT:  Factual

 

49. The Framers of the Constitution intended to create a

a.	democracy.
b.	pure democracy.
c.	direct democracy.
d.	republic.
e.	participative democracy.

 

 

ANS:  D                    REF:   23                  NOT:  Factual

 

50. Only one constitutional amendment has been ratified in the conventions of three-fourths of the states—the __________Amendment.

a.	Eleventh
b.	Fourteenth
c.	Nineteenth
d.	Twenty-first
e.	Twenty-seventh

 

 

ANS:  D                    REF:   23                  NOT:  Factual

 

51. Which constitutional amendment took 202 years to ratify?

a.	Eleventh Amendment
b.	Fourteenth Amendment
c.	Nineteenth Amendment
d.	Twenty-first Amendment
e.	Twenty-seventh Amendment

 

 

ANS:  E                    REF:   23                  NOT:  Factual

 

52. The Framers of the Constitution believed that two types of majorities were essential on important questions; they are majorities of

a.	both large and small states.
b.	the Supreme Court and Congress.
c.	voters and states.
d.	state governors and state legislatures.
e.	state legislatures and judges.

 

 

ANS:  C                    REF:   23                  NOT:  Conceptual

 

53. The power of popular majorities is limited by

a.	national sovereignty.
b.	majority rule.
c.	selection of the House of Representatives.
d.	the First Amendment.
e.	judicial review.

 

 

ANS:  E                    REF:   23                  NOT:  Conceptual

 

54. Under the Constitution, the powers of the branches of government are not separated but shared owing to

a.	the Great Compromise.
b.	the commerce clause.
c.	judicial review.
d.	checks and balances.
e.	the Fourth Amendment.

 

 

ANS:  D                    REF:   24                  NOT:  Conceptual

 

55. The Constitution is based on the philosophical belief that

a.	people are good and can be trusted with power.
b.	only a few people can be trusted to rule, and the people have the wisdom to recognize them.
c.	power does not corrupt if rulers are subjected to regular elections.
d.	people will pursue their self-interest, but their ambition can be checked by the self-interest of others.
e.	government can reform human nature if given an adequate amount of power.

 

 

ANS:  D                    REF:   24                  NOT:  Conceptual

 

56. James Madison argued that

a.	liberty is safest in a small republic because all people will have the same interests.
b.	liberty is safest in a large republic where each faction will be moderated through competition with other factions.
c.	liberty is not possible without a bill of rights.
d.	no liberty is possible so long as factions exist.
e.	liberty is most secure when there are a small number of factions.

 

 

ANS:  B                    REF:   26                  NOT:  Conceptual

 

57. Generally, the Antifederalists felt that the government created by the Constitution was

a.	an insufficient check on the power of the states.
b.	too strong and too centralized.
c.	too liberal.
d.	barely strong enough to be effective.
e.	weak as a result of the absence of a federal judiciary.

 

 

ANS:  B                    REF:   26                  NOT:  Conceptual

 

58. According to Madison, it was best for the government to be at some distance from the people because

a.	a government should debate in secrecy to allow the representatives to say what they truly believe.
b.	to avoid corruption; legislators should not be distracted by too many influences.
c.	presidents could play to the crowd and be tempted to become demagogues.
d.	the government should be insulated from the momentary passions of the people.
e.	the people tend to be better informed about local matters.

 

 

ANS:  D                    REF:   26 | 27           NOT:  Conceptual

 

59. The Constitution contained no bill of rights because, among other things,

a.	liberty—not rights—was the chief concern of such bills.
b.	the Constitution was ratified before a bill of rights was deemed necessary.
c.	the Framers thought they were creating a government with specific, limited powers.
d.	special interest groups forced the changes after the document was ratified.
e.	the delegates were instructed to create a new government, but not a bill of rights.

 

 

ANS:  C                    REF:   27                  NOT:  Conceptual

 

60. When the Constitution was written, slaves were __________ of the population of the five Southern states.

a.	one-half
b.	one-third
c.	two-thirds
d.	three-fourths
e.	one-fourth

 

 

ANS:  B                    REF:   29                  NOT:  Factual

 

61. The Constitution failed to outlaw slavery because

a.	few at that time recognized slavery as a moral evil.
b.	the opponents of slavery lacked the courage of their convictions.
c.	it was agreed in advance that the Constitution would make no direct or indirect mention of slavery.
d.	the Framers had no such mandate from those who had selected them.
e.	southern support was essential to adoption of the document.

 

 

ANS:  E                    REF:   30                  NOT:  Conceptual

 

62. Double jeopardy is forbidden in the

a.	First Amendment.
b.	Second Amendment.
c.	Fifth Amendment.
d.	Eight Amendment.
e.	Ninth Amendment.

 

 

ANS:  C                    REF:   30                  NOT:  Factual

 

63. Cruel and unusual punishment is forbidden in the

a.	First Amendment.
b.	Second Amendment.
c.	Fifth Amendment.
d.	Eighth Amendment.
e.	Ninth Amendment.

 

 

ANS:  D                    REF:   30                  NOT:  Factual

 

64. According to Charles Beard, the chief factor motivating the Framers of the Constitution was

a.	punishing British loyalists.
b.	opposing anti-state sentiment.
c.	protecting slavery.
d.	protecting economic self-interest.
e.	weakening the power of the central government.

 

 

ANS:  D                    REF:   31                  NOT:  Conceptual

 

65. Charles A. Beard’s economic interpretation of the Constitution concluded that there were two major economic interests present at the time of the Constitutional Convention; the dominant group included

a.	urban and commercial leaders.
b.	East Coast shippers and sea merchants.
c.	public and government officials.
d.	farmers and slaveholders.
e.	lawyers and craftsmen.

 

 

ANS:  A                    REF:   31                  NOT:  Conceptual

 

66. Most historians today reject the argument of Charles Beard because

a.	ratification debates in most states centered on political questions.
b.	ratification debates in most states centered on economic questions.
c.	wealthy landowners consistently opposed the Constitution.
d.	slavery was not an important issue at the time.
e.	economic inequalities were not nearly so pronounced at the time.

 

 

ANS:  A                    REF:   31                  NOT:  Conceptual

 

67. The ratification debates about the Constitution focused on the question of

a.	slavery.
b.	equality.
c.	economics.
d.	liberty.
e.	commerce.

 

 

ANS:  D                    REF:   31                  NOT:  Factual

 

68. Under the U.S. constitutional system, generally the only time when the government can take bold, decisive action is when

a.	one party controls both chambers of Congress.
b.	there is consensus of opinion and a broad, generally moderate coalition.
c.	the president takes strong action.
d.	there is a radical coalition in control of the government.
e.	the judiciary is selected by the party in power.

 

 

ANS:  B                    REF:   32                  NOT:  Conceptual

 

69. If one were to argue that the Constitution included women, they might focus on the

a.	direct mention of females in several instances.
b.	right of females to vote in the states.
c.	use of masculine pronouns.
d.	use of such words as “citizens” and “person.”
e.	use of wholly generic terminology.

 

 

ANS:  D                    REF:   33                  NOT:  Conceptual

 

TRUE/FALSE

 

1. None of the delegates that met in Philadelphia was chosen by popular election.

 

ANS:  T                    REF:   11

 

2. Rhode Island never sent a delegate to the Constitutional Convention.

 

ANS:  T                    REF:   11 | 22

 

3. The press generally refrained from taking or publicizing pictures of President Franklin Roosevelt standing on his crutches or being pushed in his wheelchair.

 

ANS:  T                    REF:   12

 

4. The text suggest the U.S. Supreme Court is among the more “open” and “non-secretive” political institutions.

 

ANS:  F                    REF:   12

 

5. The goal of the American Revolution was equality.

 

ANS:  F                    REF:   14

 

6. The English constitution was a single written document that served as a model for the colonists.

 

ANS:  F                    REF:   14

 

7. Locke argued that men are born equal with respect to rights.

 

ANS:  T                    REF:   15

 

8. Whatever the merit of his work, Locke did not think the will of the majority was relevant in matters related to government.

 

ANS:  F                    REF:   15

 

9. The Articles of Confederation granted the federal government the rights to levy taxes and regulate commerce.

 

ANS:  F                    REF:   16

 

10. Each state had one vote in Congress under the Articles of Confederation.

 

ANS:  T                    REF:   16

 

11. A strong central government existed under the Articles of Confederation.

 

ANS:  F                    REF:   16

 

12. The Constitutional Convention was advertised as a meeting to revise the Articles of Confederation.

 

ANS:  T                    REF:   17

 

13. Madison’s review of history found that confederations tended to collapse from internal dissension.

 

ANS:  T                    REF:   17

 

14. The constitution adopted by Pennsylvania in 1776 was radically anti-democratic.

 

ANS:  F                    REF:   17

 

15. Shays’s Rebellion had a profound effect on public opinion.

 

ANS:  T                    REF:   17

 

16. The U.S. Constitution is the world’s oldest written national constitution.

 

ANS:  T                    REF:   18

 

17. The Framers faced major challenges in trying to produce a constitution that was strong enough to unite the country without threatening liberty.

 

ANS:  T                    REF:   19

 

18. James Madison had a cautious view of human nature, believing people were ambitious.

 

ANS:  T                    REF:   20

 

19. George Washington was the presiding officer at the Constitutional Convention.

 

ANS:  T                    REF:   20

 

20. The Framers intended to create a “pure” democracy.

 

ANS:  F                    REF:   20

 

21. The New Jersey Plan would have simply amended the Articles of Confederation.

 

ANS:  T                    REF:   21

 

22. The Great Compromise reconciled the interests of the small and large states in terms of representation.

 

ANS:  T                    REF:   21 | 22

 

23. One delegate to the Convention had another sign the document for him as he was not present on that day.

 

ANS:  T                    REF:   23

 

24. There have been thousands of proposed constitutional amendments.

 

ANS:  T                    REF:   23

 

25. Separation of powers refers to the allocation of power among national, state, and local governments.

 

ANS:  F                    REF:   24

 

26. James Madison believed that government could be kept in check by allowing the self-interest of one person to check the self-interest of another.

 

ANS:  T                    REF:   24

 

27. The proponents of the Constitution called themselves Federalists.

 

ANS:  T                    REF:   26

 

28. The Antifederalists wanted most of the powers of government kept firmly in the hands of state legislatures and state courts.

 

ANS:  T                    REF:   26

 

29. An ex post facto law makes an act a crime that was not a crime at the time that is was committed.

 

ANS:  T                    REF:   28

 

30. Habeas corpus cannot be suspended.

 

ANS:  F                    REF:   28

 

31. At the time of the Constitution, slaves accounted for about one-third of the population of southern states.

 

ANS:  T                    REF:   29

 

32. The Constitution specifically outlawed the slave trade but allowed for slave ownership.

 

ANS:  F                    REF:   29

 

33. Most states’ debates over ratification centered on political rather than economic questions.

 

ANS:  T                    REF:   31

 

34. In designing the Constitution, the Founders wanted to encourage bold action on the part of the government.

 

ANS:  F                    REF:   32

 

ESSAY

 

1. Discuss some of the positions held by John Locke in his famous Two Treatises of Government.

 

ANS:

(a.)	Argued that all men are, in fact, born free.
(b.)	Argued that men are also equal in rights.
(c.)	Societies of men existed before government.
(d.)	Governments are formed to avoid conflicts and inconvenience.
(e.)	Government must rest on voluntary consent of the governed.
(f.)	Government should protect life, liberty, and property via majority rule.

 

 

2. Identify 3–4 specific features of the Articles of Confederation.

 

ANS:

(a.)	Created a league of friendship.
(b.)	National government could not tax or regulate commerce.
(c.)	Each state retained its sovereignty and independence.
(d.)	Each state had one vote in the national legislature.
(e.)	Nine votes (of thirteen) were required to pass a measure.
(f.)	Amendments required unanimity.

 

 

3. Describe the constitutional frameworks of Pennsylvania; and in doing so, show the dangers of excessively strong and excessively weak governments.

 

ANS:

(a.)	Pennsylvania: Radically democratic, unicameral legislature with term limits, no real chief executive; the legislature disenfranchised Quakers, persecuted conscientious objectors, ignored the rights of criminal defendants, and manipulated the judiciary.
(b.)	Massachusetts: Clear separation of powers; directly elected governor with a veto power; life -tenured judges; Shays’s Rebellion

 

 

4. Explain what led up to Shays’s Rebellion and describe the impact of this important event in American history.

 

ANS:

(a.)	Former Revolutionary War soldiers forcibly prevented the courts from operating.
(b.)	Shays and others were plagued by debt and heavy taxes.
(c.)	The Governor was unable to get assistance from the national government and had no state militia.
(d.)	This all took place between the Annapolis and Philadelphia conventions.
(e.)	Many feared the state governments were about to collapse and attended the Philadelphia convention when they might not have otherwise.

 

 

5. Compare and contrast the Virginia and New Jersey plans of government.

 

ANS:

(a.)	Virginia Plan. Called for a major overhaul; three distinct branches of government, national legislature with supreme power, and direct election of at least one chamber of a bicameral legislature.
(b.)	New Jersey Plan. Called for mere revision of the Articles; slightly stronger central government, and each state retained one vote in the unicameral national legislature

 

 

6. Identify some of the features of the Constitution that suggest popular rule was only one element to be considered in the governmental process.

 

ANS:

(a.)	State legislatures would elect Senators, not the people.
(b.)	The electoral college would select the president, not the people.
(c.)	The Supreme Court would have the power to exercise judicial review.
(d.)	The process for amending the Constitution remained somewhat difficult.

 

 

7. Discuss Madison’s view of self-interest and factions and the manner in which government can address their effects and consequences.

 

ANS:

(a.)	Self-interest leads people to factionalism and tyranny.
(b.)	Self-interest can, however, be harnessed by Constitutional arrangements.
(c.)	Offices can be divided and officers can be given “means” to protect themselves from the encroachments of the others (checks and balances).
(d.)	In addition, power can be divided between state and federal government.
(e.)	The result would be that while power would be available to those that seek it, full power would be almost impossible to achieve.

 

 

8. Summarize Madison’s thoughts on coalitions and liberty in a large republic.

 

ANS:

(a.)	In a large republic, there are many opinions and interests.
(b.)	Different interest must come together to form coalitions in order to get power.
(c.)	Such coalitions will tend to be more diverse and moderate.
(d.)	They would also tend to be built upon principles of justice and the general good.

 

 

9. What are some of the possible explanations for why the Constitution drafted in Philadelphia did not contain a Bill of Rights?

 

ANS:

(a.)	The Constitution did contain a number of specific guarantees of individual liberty.
(b.)	Most states already had bills of rights.
(c.)	The Framers thought they were creating a government with specific, limited powers.

 

 

10. In what ways did the Constitution address the matter of slavery?

 

ANS:

(a.)	The apportionment of seats in the House of Representatives was based on the three-fifths compromise.
(b.)	Congress was not allowed to prohibit slavery before 1808.
(c.)	Fugitive slaves were to be returned to their owners in slave-owning states.

 

 

11. Briefly explain Charles Beard’s theory of the Constitution and what research has shown regarding its validity.

 

ANS:

(a.)	Beard argued the convention and ratification process were dominated by wealthy, urban, and commercial leaders who were primarily concerned about their own economic interests.
(b.)	Research has discovered that their interests were actually quite diverse and political questions were debated much more often than questions related to economics.

CHAPTER 4: Civil Rights

 

MULTIPLE CHOICE

 

1. Which president ordered that all Japanese Americans be removed from their homes in California and placed them in relocation centers far from the coast?

a.	Theodore Roosevelt
b.	Abraham Lincoln
c.	Woodrow Wilson
d.	Franklin Roosevelt
e.	Richard Nixon

 

 

ANS:  D                    REF:   64                  NOT:  Factual

 

2. For a law to violate people’s civil rights, it must

a.	treat different groups of citizens differently.
b.	make an unreasonable classification or burden.
c.	restrict the free exercise of behavior for racial reasons.
d.	harm more blacks than whites.
e.	allow different groups greater recognition.

 

 

ANS:  B                    REF:   64                  NOT:  Conceptual

 

3. The court will uphold a classification if it “reasonably” relates to a “legitimate” government interest. A good example of this is

a.	gender.
b.	race.
c.	income.
d.	ethnicity.
e.	color.

 

 

ANS:  C                    REF:   64                  NOT:  Conceptual

 

4. The Supreme Court ruled that separate educational facilities for the races are “inherently unequal” in

a.	1924.
b.	1934.
c.	1944.
d.	1954.
e.	1964.

 

 

ANS:  D                    REF:   65                  NOT:  Factual

 

5. Race has become a suspect classification. This means that

a.	all forms of racial discrimination are unconstitutional.
b.	discrimination is sometimes permissible against whites but never against blacks.
c.	discriminatory actions must be reasonable.
d.	racial discrimination is permissible for people with criminal records.
e.	any law making a racial distinction is subject to strict scrutiny.

 

 

ANS:  E                    REF:   66                  NOT:  Conceptual

 

6. Congress has passed a series of civil-rights laws that make it illegal to discriminate on the basis of __________ in public accommodations or in employing workers.

a.	race
b.	color
c.	religion
d.	national origin
e.	All of the above are true.

 

 

ANS:  E                    REF:   66                  NOT:  Factual

 

7. State universities can take race into account in admitting students to colleges so long as no _________ is used.

a.	strict numerical quota
b.	scholarship money
c.	private funding
d.	sliding scale
e.	formal application

 

 

ANS:  A                    REF:   66                  NOT:  Factual

 

8. In general, the Supreme Court has allowed race to be taken into account in the area of jobs if

a.	there has been a past practice of discrimination.
b.	the discrimination still exists today.
c.	only the actual victims of discrimination are given preference.
d.	the discrimination occurred before the 1954 Brown decision.
e.	there is a desire to achieve diversity in the workplace.

 

 

ANS:  A                    REF:   66                  NOT:  Factual

 

9. Which case found the Supreme Court striking down a law that banned interracial marriage?

a.	Plessy v. Ferguson
b.	Brown v. Board of Education
c.	Loving v. Virginia
d.	Green v. New Kent County
e.	Swann v. Charlotte-Mecklenburg

 

 

ANS:  C                    REF:   67                  NOT:  Factual

 

10. Which case banned so-called “freedom-of-choice” plans as devices for desegregating public schools?

a.	Plessy v. Ferguson
b.	Brown v. Board of Education
c.	Loving v. Virginia
d.	Green v. New Kent County
e.	Swann v. Charlotte-Mecklenburg

 

 

ANS:  D                    REF:   67                  NOT:  Factual

 

11. The landmark case Swann v. Charlotte-Mecklenberg (1971) held that

a.	blacks and whites must attend the same schools.
b.	racially separate schools are inherently unequal.
c.	students may be bused to achieve racial balance in schools.
d.	separate-but-equal facilities for whites and blacks on railroad cars are permissible.
e.	quota systems for admitting blacks are acceptable.

 

 

ANS:  C                    REF:   67                  NOT:  Factual

 

12. When the University of Michigan employed race in its decision-making process for admissions, the Supreme Court ruled that it could only be employed as a(n)

a.	major factor.
b.	plus factor.
c.	primary consideration.
d.	unilateral variable.
e.	non-weighted requirement.

 

 

ANS:  B                    REF:   67                  NOT:  Factual

 

13. If there has been a history of discrimination, the Court has allowed requirements that contractors set aside __________ percent of their contract funds to purchase services from minority-owned businesses.

a.	90
b.	75
c.	50
d.	25
e.	10

 

 

ANS:  E                    REF:   67 | 68           NOT:  Factual

 

14. The Supreme Court’s strongest statement regarding affirmative action came in a case involving

a.	law school admissions.
b.	college admissions.
c.	the hiring of police.
d.	highway construction.
e.	business clubs.

 

 

ANS:  D                    REF:   68                  NOT:  Factual

 

15. Racial classification must be subject to strict scrutiny

a.	only when its purpose hurts a racial minority.
b.	even if its purpose is to help a racial minority.
c.	only in rare cases.
d.	in the same way as gender classification.
e.	only in matters of numerical quotas.

 

 

ANS:  B                    REF:   68                  NOT:  Conceptual

 

16. The 1964 Civil Rights Act did all the following except

a.	outlaw discrimination in hiring.
b.	prohibit sex discrimination in education programs.
c.	bar racial discrimination in restaurants, hotels, and lunch counters.
d.	bar racial discrimination in any activity receiving federal assistance.
e.	authorize the attorney general to bring desegregation suits on behalf of citizens.

 

 

ANS:  B                    REF:   69                  NOT:  Factual

 

17. The attorney general was directed to bring a suit challenging the constitutionality of the poll tax in

a.	1965.
b.	1968.
c.	1972.
d.	1988.
e.	1960.

 

 

ANS:  A                    REF:   69                  NOT:  Factual

 

18. Early laws that limited opportunities for women sought to

a.	segregate them from men.
b.	protect them.
c.	limit their earning potential.
d.	keep them out of the workplace.
e.	keep them uneducated.

 

 

ANS:  B                    REF:   70                  NOT:  Conceptual

 

19. Which case found the Supreme Court striking down an affirmative action plan that employed quotas as “unconstitutional”?

a.	Regents of the University of California v. Bakke
b.	United Steelworkers v. Weber
c.	Richmond v. Croson
d.	Grutter v. Bollinger
e.	Parents v. Seattle School District

 

 

ANS:  A                    REF:   70                  NOT:  Factual

 

20. Which case involved an agreement between a factory and its workers that employed race as a factor in hiring?

a.	Regents of the University of California v. Bakke
b.	United Steelworkers v. Weber
c.	Richmond v. Croson
d.	Grutter v. Bollinger
e.	Parents v. Seattle School District

 

 

ANS:  B                    REF:   70                  NOT:  Factual

 

21. The Court’s current test for gender discrimination emphasizes all the following except

a.	compelling justifications.
b.	fair and substantial relationships to the goals of legislation.
c.	grounds of difference between males and females.
d.	reasonableness.
e.	similar persons being treated similarly.

 

 

ANS:  A                    REF:   71                  NOT:  Conceptual

 

22. The test that the Supreme Court has applied to laws making distinctions between the sexes is called

a.	suspect classification.
b.	preponderance of evidence.
c.	reasonableness standard.
d.	strict scrutiny.
e.	actual malice.

 

 

ANS:  C                    REF:   71                  NOT:  Conceptual

 

23. Which of the following is incorrect?

a.	States cannot set different ages at which men and women become adults.
b.	States cannot set different drinking ages for men and women.
c.	Employers cannot require women to take mandatory pregnancy leaves.
d.	The Rotary club can exclude women from membership.
e.	None of the above is true.

 

 

ANS:  D                    REF:   71                  NOT:  Factual

 

24. The Supreme Court has struck down all the following except

a.	different legal ages for males and females.
b.	the barring of girls from Little League baseball teams.
c.	different pay for male and female high school coaches.
d.	the exclusion of women from the Rotary Club.
e.	all-boy and all-girl schools.

 

 

ANS:  E                    REF:   71                  NOT:  Factual

 

25. The Virginia Military Institute case was notable, in part, because it

a.	came close to making sex a suspect classification.
b.	upheld the institution’s gender discriminatory policy.
c.	was the first case the Supreme Court considered that involved a school.
d.	was a rare case involving gender discrimination.
e.	reversed several previous decisions of the Court.

 

 

ANS:  A                    REF:   72                  NOT:  Conceptual

 

26. In the Virginia Military Institute case, the Court concluded that gender discrimination must be supported by

a.	a reasonable justification.
b.	a compelling interest.
c.	an exceedingly persuasive justification.
d.	a rational basis.
e.	proof of past discrimination.

 

 

ANS:  C                    REF:   72                  NOT:  Conceptual

 

27. The Court’s landmark decision in Rostker v. Goldberg focused on gender discrimination and

a.	the draft.
b.	college sports.
c.	private clubs.
d.	inheritance laws.
e.	estate taxes.

 

 

ANS:  A                    REF:   72                  NOT:  Factual

 

28. The Court’s rulings regarding sexual harassment draw largely from

a.	international law.
b.	the rulings of state high courts.
c.	its own, well-established precedent.
d.	decisions by state officials.
e.	rulings by the Equal Employment Opportunity Commission (EEOC).

 

 

ANS:  E                    REF:   72                  NOT:  Factual

 

29. The quid pro quo rule for sexual harassment holds an employer strictly liable if

a.	an employee experiences a hostile work environment.
b.	no one actually files a complaint.
c.	an offender is not fired within sixty days.
d.	the victim is higher on the seniority scale than the victim.
e.	someone requests sexual favors as a condition for employment.

 

 

ANS:  E                    REF:   73                  NOT:  Factual

 

30. The text notes congressional law on the matter of sexual harassment is

a.	voluminous and rigid.
b.	broadly written but narrowly interpreted.
c.	narrowly written but broadly interpreted
d.	almost non-existent.
e.	wildly complex.

 

 

ANS:  D                    REF:   73                  NOT:  Factual

 

31. One of the major issues in the debate over the Equal Rights Amendment concerned the treatment of men and women in

a.	government.
b.	the military.
c.	the field of law.
d.	prisons.
e.	the construction industry.

 

 

ANS:  B                    REF:   73                  NOT:  Factual

 

32. In the 1992 Casey decision the Court discarded the first-, second-, and third-trimester framework of Roe v. Wade because

a.	the point of viability can change with advances in medical science.
b.	Roe was never again supported by five or more justices.
c.	Roe placed a twenty-year limit on the framework.
d.	most states refused to recognize Roe as binding precedent.
e.	members of the medical profession engaged in numerous public protests.

 

 

ANS:  A                    REF:   74                  NOT:  Factual

 

33. Which case first asserted a “right to privacy” can be found in the Constitution?

a.	Griswold v. Connecticut
b.	Roe v. Wade
c.	Webster v. Reproductive Health Services
d.	Planned Parenthood v. Casey
e.	Steber v. Carhart

 

 

ANS:  A                    REF:   74                  NOT:  Factual

 

34. In which case did the Supreme Court rule states could not ban partial-birth abortions altogether?

a.	Griswold v. Connecticut
b.	Roe v. Wade
c.	Webster v. Reproductive Health Services
d.	Planned Parenthood v. Casey
e.	Steber v. Carhart

 

 

ANS:  E                    REF:   74                  NOT:  Factual

 

35. Some argue that “zones of privacy” can be inferred from “penumbras” in the

a.	Declaration of Independence.
b.	Fourteenth Amendment.
c.	Bill of Rights.
d.	Civil War Amendments.
e.	Preamble of the Constitution.

 

 

ANS:  C                    REF:   74                  NOT:  Conceptual

 

36. In Roe v. Wade the Supreme Court

a.	applied the right of privacy to women’s access to abortion.
b.	applied the doctrine of incorporation to the Eighth Amendment.
c.	concluded that the right to privacy should not be applied to sexual conduct.
d.	applied the reasonableness standard to the abortion issue.
e.	applied the rational basis test to late-term abortions.

 

 

ANS:  A                    REF:   75                  NOT:  Conceptual

 

37. The Hyde Amendment prohibits

a.	abortions in the second trimester.
b.	abortions in the second and third trimesters.
c.	partial-birth abortions.
d.	the use of federal funds for abortions in all but a few special circumstances.
e.	abortions for minors without parental consent.

 

 

ANS:  D                    REF:   75                  NOT:  Factual

 

38. Under the influence of justices appointed by President __________, the Court began to uphold some state restrictions on abortion.

a.	Carter
b.	Reagan
c.	Nixon
d.	Bush
e.	Kennedy

 

 

ANS:  B                    REF:   75                  NOT:  Factual

 

39. The Court has allowed all the following restrictions related to abortion except

a.	mandatory 24-hour waiting periods.
b.	parental consent for teenagers.
c.	consent of a judge for teenagers.
d.	provision of pamphlets and other information.
e.	consent of a husband.

 

 

ANS:  E                    REF:   75 | 76           NOT:  Factual

 

40. The right to privacy suffered a setback in 1986 when the Court ruled that the right of privacy did not include

a.	broad immunity from prosecution for crimes of moral turpitude.
b.	procreation outside of marriage.
c.	the right to marry.
d.	the ability to have an abortion in Texas.
e.	protection from prosecution for violation of sodomy laws.

 

 

ANS:  E                    REF:   76                  NOT:  Factual

 

41. The Court’s decision in Lawrence v. Texas was notable for its reference to

a.	the Magna Carta.
b.	the writings of Oscar Wilde.
c.	the European Court of Human Rights.
d.	a popular motor racing film.
e.	legal opinions that were overruled in the late 1800s.

 

 

ANS:  C                    REF:   76                  NOT:  Factual

 

42. Which state notably legalized same-sex marriages in the mid-2000s, inspiring other states to do the same or to tighten their restrictions?

a.	California
b.	Wisconsin
c.	Massachusetts
d.	South Carolina
e.	Florida

 

 

ANS:  C                    REF:   76                  NOT:  Factual

 

43. Which of the following statements regarding same-sex marriage in California is incorrect?

a.	The mayor of San Francisco began issuing marriages licenses.
b.	The California State Supreme Court overruled the mayor’s decisions.
c.	The state legislature then voted to make same-sex marriages legal.
d.	The voters approved a ballot measure to ban same-sex marriage.
e.	None of the above is true.

 

 

ANS:  E                    REF:   76 | 77           NOT:  Factual

 

44. Which of the following groups strongly oppose gay marriage?

a.	Adults born in 1964 or earlier
b.	College students
c.	Evangelical Christians
d.	Adults born in 1965 or later
e.	Both options A and C are true.

 

 

ANS:  E                    REF:   77                  NOT:  Conceptual

 

45. In 2008, what state approved a ballot measure titled Proposition 8, banning gay marriage that was then overturned in 2010, and later sent to the federal appeals court?

a.	California
b.	Ohio
c.	Massachusetts
d.	Vermont
e.	South Carolina

 

 

ANS:  A                    REF:   77                  NOT:  Factual

 

TRUE/FALSE

 

1. Laws that treat different groups of people differently are unconstitutional.

 

ANS:  F                    REF:   64

 

2. The authors of the Fourteenth Amendment probably had not intended the equal-protection clause to bar segregated schools.

 

ANS:  T                    REF:   65

 

3. The Supreme Court considers race a suspect classification.

 

ANS:  T                    REF:   66

 

4. Government cannot treat the races differently.

 

ANS:  F                    REF:   66

 

5. The Supreme Court has held that the Constitution must be interpreted as being color-blind.

 

ANS:  F                    REF:   66

 

6. If there is no past history of discrimination, mandatory hiring or promotional plans favoring blacks is not permissible.

 

ANS:  T                    REF:   66

 

7. Black teachers can be given preferential promotions over whites even if it has not been proven that a school system has discriminated in the past.

 

ANS:  F                    REF:   66

 

8. In recent years the number of blacks holding elective offices has increased steadily.

 

ANS:  T                    REF:   68

 

9. The Civil Rights Act of 1964 made it more difficult to use literacy tests to bar blacks from voting.

 

ANS:  T                    REF:   69

 

10. Sex is now a suspect category for the federal courts.

 

ANS:  F                    REF:   70

 

11. States can set different ages at which men and women become legal adults.

 

ANS:  F                    REF:   71

 

12. Girls can be banned from Little League baseball teams.

 

ANS:  F                    REF:   71

 

13. Laws can define statutory rape in such a way that only men can be punished for that offense.

 

ANS:  T                    REF:   71

 

14. The Virginia Military Institute case ensured that gender discrimination cases will employ the reasonableness standard for years to come.

 

ANS:  F                    REF:   72

 

15. Quid pro quo sexual harassment occurs when the work environment becomes so hostile that a person cannot perform his or her job.

 

ANS:  F                    REF:   73

 

16. A school system is not liable for the conduct of a teacher who seduces a student if the student never reports the actions.

 

ANS:  T                    REF:   73

 

17. The Supreme Court struck down the decision of Congress to bar women from combat roles.

 

ANS:  F                    REF:   73

 

18. If the Equal Rights Amendment had passed, women would register for the selective service.

 

ANS:  T                    REF:   73

 

19. In regulating sexual practices, states are exercising their police powers.

 

ANS:  T                    REF:   73

 

20. Privacy is nowhere mentioned in the Constitution.

 

ANS:  T                    REF:   74

 

21. In the 1992 Casey decision the court held that states may prohibit a woman from terminating a pregnancy before the fetus is viable.

 

ANS:  F                    REF:   74

 

22. In the Casey decision, the Supreme Court explicitly refused to overturn Roe.

 

ANS:  T                    REF:   75

 

23. The Supreme Court has upheld mandatory 24-hour waiting periods for those seeking an abortion.

 

ANS:  T                    REF:   75

 

24. The Supreme Court struck down a state requirement that women contemplating abortion be given pamphlets about alternatives.

 

ANS:  F                    REF:   76

 

25. The Supreme Court upheld a state law that required a married woman to obtain the consent of her husband before having an abortion.

 

ANS:  F                    REF:   76

 

26. In 1986 the Supreme Court ruled that the “right to privacy” did not protect gay men from being prosecuted for violating state sodomy laws.

 

ANS:  T                    REF:   76

 

27. The Court’s current thinking regarding homosexuality and law is supported, in part, by the laws of other nations.

 

ANS:  T                    REF:   76

 

28. Proposition 8 was voted for, overturned, and sent to federal court of appeals.

 

ANS:  T                    REF:   77

 

29. It is clear that national public opinion is increasingly in favor of allowing gays and lesbians to marry.

 

ANS:  T                    REF:   77

 

30. Same sex marriages are legal in many European countries.

 

ANS:  T                    REF:   77

 

31. President Obama does not support same-sex marriages.

 

ANS:  F                    REF:   77

 

ESSAY

 

1. Identify and explain the three standards used by the Supreme Court to determine civil rights violations.

 

ANS:

(a.)	Reasonableness: Involves minimal scrutiny; classifications must be reasonably related to a legitimate governmental interest (example: taxes).
(b.)	Intermediate: Government must prove that its classification is substantially related to an important governmental interest (example: gender).
(c.)	Strict Scrutiny: Classifications must be closely related to a compelling governmental interest (example: race).

 

 

2. Summarize the Court’s rulings with respect to quotas in admissions programs and employment.

 

ANS:

(a.)	The Court will allow race as a “plus factor” (among others) in college admissions, but does not look kindly upon fixed quotas or exact numerical advantages.
(b.)	Narrowly tailored guidelines can be constructed to achieve a compelling interest in achieving “diversity.”
(c.)	Quotas created by voluntary agreements in order to remedy the effects of past discrimination are acceptable.

 

 

3. Outline the various arenas addressed by the 1964 Civil Rights Act

 

ANS:

(a.)	Voting
(b.)	Public accommodations
(c.)	Schools
(d.)	Employment
(e.)	Federal funds

 

 

4. Summarize the components of the Supreme Court’s 1971 decision regarding the requirements for acceptable gender discrimination.

 

ANS:

(a.)	Gender discrimination must be reasonable, not arbitrary.
(b.)	Gender discrimination must be based on some real ground of difference between men and women.
(c.)	It must be reasonably related to some legitimate legislative goal.
(d.)	It must treat similar persons similarly.

 

 

5. What are suspect classifications? How does the law punish such classifications?

 

ANS:

(a.)	Suspect Classifications are classifications of people on the basis of their race and ethnicity.
(b.)	The courts have ruled that laws classifying people on these grounds will be subject to “strict scrutiny,” This means that the classification must be related to a “compelling government interest,” be “narrowly tailored” to achieve that interest, and use the “least restrictive means” available.

 

 

6. Explain the background and significance of the Court’s decision in the Virginia Military Institute (VMI) case.

 

ANS:

(a.)	VMI was an all-male, state-supported college famous for its “adversarial training” methods
(b.)	The Court ruled gender discrimination must be accompanied by an “exceedingly persuasive justification.”
(c.)	The Court thus came very close to making gender discrimination a suspect classification.

 

 

7. Explain the two forms of sexual harassment addressed by the Equal Employment Opportunity Commission.

 

ANS:

(a.)	It is illegal to request sexual favors as a condition of employment or advancement. If this happens, employers are strictly liable (or responsible even if they were not aware of the behavior).
(b.)	Employees should not have to experience a work environment that is hostile or intimidating by a steady pattern of sexual jokes, teasing, or obscenity.

 

 

8. Summarize the new standards for abortion law announced in the Court’s decision in Casey (1992).

 

ANS:

(a.)	States cannot prohibit abortions before the point of viability.
(b.)	After the point of viability, states may regulate or even proscribe abortion for the preservation of life and the health of the mother.
(c.)	State restrictions, however, may not place any undue burden on the exercise of a woman’s right.
(d.)	Such burdens would include restrictions with the purpose or effect of creating a substantial obstacle.

 

 

9. What specific abortion regulations did the Supreme Court uphold (allow) in Casey (1992).

 

ANS:

(a.)	Mandatory 24-hour waiting periods between requests for and the performance of an abortion.
(b.)	Obligation of teenagers to obtain the consent of one parent (or, in special circumstances, of a judge).
(c.)	State requirements that a woman contemplating an abortion be given pamphlets about alternatives.

 

 

10. What is Proposition 8? Describe the process that California went through/is currently going through to reach a consensus on this proposition?

 

ANS:

(a.)

Proposition 8 is a ban on same-sex marriage in the state of California.

(b.)

The mayor of San Francisco began issuing marriage licenses to hundreds of gay couples. In August 2004, the California Supreme Court overturned the mayor’s decisions. In 2005, the state legislature voted to make same-sex marriages legal, but Governor Arnold Schwarzenegger vetoed the bill. In 2008, the voters approved a ballot measure but in 2010 a federal district judge overturned that vote. A federal appeals court put the matter on hold (subject to change).