American Government Constitutional Democracy Under Pressure, 1e Cal Jillson Test Bank by QuentinAxel

What drove the idea behind the notion that the Americans had “space” for dissent?

The orthodox did not feel the need to destroy the unorthodox

Banishment was an accepted form of punishment

The vastness of the land allowed for pockets of acceptability interspersed between places of orthodoxy

All of the above

To what area of social life did Adam Smith most extensively apply the principles of classical liberalism?

Law

Government and politics

The economy

Culture

Which Enlightenment thinker was the earliest to argue most influentially that science and discovery worked for the eternal benefit of society?

Hobbes

Machiavelli

Montesquieu

Bacon

When did the concept of individualism find its brightest moment and what form did it take?

At the Constitutional Convention and in the form of separation of powers

At the Magna Carta and in the form of the Barony

At the American Revolution and in the form of the idea that freedom has its own order and structure

At the English Revolution and in the form of religious tolerance

What did the ancients mean by “democracy?”

They thought it was equivalent to “mob rule”

Rule by the people in the interest of the entire community

Rule by the people in their own self-interest

They thought it was equivalent to “free government”

Name two philosophers associated with social contract theory

Locke and Smith

Locke and Hobbes

Polybius and Machiavelli

Rorty and Rawls

What two concepts does classical liberalism favor?

Large government and aggregate rights

Limited government and individual rights

Large government and individual rights

Limited government and aggregate rights

What was the dominant American political and social ideology in the nineteenth and twentieth centuries?

Social Democracy

Classical Liberalism

Classical Republicanism

Corporatist Capitalism

Which of the following are characteristics of American colonial settlement that influenced American political development? What was the official religion of the British colonies in North America?

Space for dissent and economic opportunity

Social fluidity and heterogeneity

Equality and tolerance

All of the above

There was no single Puritanism official religion throughout all of the British colonies

Anglican

Catholicism

Who is the legitimate source of political authority, according to the idea of individualism?

The powerful

The rich

The divine

The people

What is social contract theory?

An argument that the legitimate origin of government is in the agreement of a free people

An argument that the legitimate origin of government rests with the “divine right of kings”

An argument that the non-legitimate origin of government is in the agreement of a free people

An argument that power rests exclusively with those best suited to exercise it

An uprising that convinced Americans to support a stronger national government was ^___^.

Boston Massacre

Shay's Rebellion

Boston Tea Party

The Second Constitutional Convention

The written constitution first developed in ^___^.

the writings of John Scotland Locke

the United States

France

The assignment of legislative, executive and judicial powers to different institutions is an example of ^___^.

Federalism

Bicameralism

Separation of Powers

Checks and Balances

What was the most important consequence of the Seven Years War (aka the French and Indian War) with respect to American political development?

It increased the French as a threat to the British colonies in North America.

It ended the French as a threat to the British colonies in North America.

It instantiated Spain as It indebted the French to a threat to the British American financiers. colonies in North America.

Did the decision to declare independence from Great Britain happen immediately or did it develop gradually?

Gradually

Immediately

Combination of the two

None of the above

During the “critical period,” what major events occurred that spurred the calling of the Constitutional Convention?

The Revolutionary War and Northwest Ordinance

The ratification of the Articles of Confederation and the Battle of Yorktown

The Annapolis Convention and Shays’s Rebellion

None of the above

From what class of society did the delegates at the Constitutional Convention come and was this representative of the average American?

Social, economic, and political elites who were representative of the average American

Social, economic, and political elites who were not representative of the average American

Social, economic, and political masses who were representative of the average American

Social, economic, but not political elites who were not representative of the average American

How does a representative government differ from a direct democracy?

It doesn’t.

In a representative government the people rule directly.

In a representative government the people elect representative(s) to conduct the business of government.

In a representative government the people elect a tyrant to rule on their behalf during times of extended crisis.

What does bicameralism mean?

The executive branch will exist in a plural form.

The legislative branch will exist in a dual chamber form.

The judicial branch will exist under the conditions of “dual sovereignty.”

The structure of the government will be conditioned by “dual federalism.”

What was purpose of the Preamble to the Constitution?

To declare the Constitution an act of the sovereign people (rather than of sovereign states) and to describe the goals and purposes of government

To declare the Constitution an act of sovereign states (rather than the sovereign people) and to describe the goals and purposes of government

To declare the Constitution an act of the sovereign people (rather than of sovereign states) and to describe the rights of each citizen

To declare the Constitution an act of sovereign states (rather than the sovereign people) and to describe the rights of each citizen

Which plan that was proposed as a model for the Constitution called for a unicameral legislature with equality of representation?

The Virginia Plan

The New Jersey Plan

The Connecticut Plan

None of the above

In what sense did the original Bill of Rights protect rights and liberties?

It protected individual rights and liberties from actions by the national government.

It protected state rights and liberties from the actions of the national government and other states governments.

It protected individual rights and liberties from actions taken by the state governments.

All of the above

In the struggle to ratify the Constitution, how did the Federalists defend their argument that a Bill of Rights was unnecessary?

They didn’t; they supported the ratification of the Constitution.

By using the “reserved powers theory,” they said that powers not expressly granted to the national government by the federal Constitution would be retained by the people and the states.

By using the “reserved powers theory,” they said that powers not given to the national government would be left in reserve for future consideration.

By using “social contract theory,” they said that popular agreement was necessary for the constitution of government.

Which of these statements accurately describes the proposal and ratification of the Bill of Rights?

It was proposed by the first Federal Congress and ratified by the state legislatures in 1791.

It was proposed with the original Constitution in 1787, but it was ratified separately (in 1789) according to the wishes of the Anti-Federalists.

It was proposed by the second Constitutional Convention in 1790 and approved by state ratification conventions in 179091.

None of the above

In what context does the phrase “advice and consent” appear in the Constitution?

In the preamble, where it is declared that the U.S. government is a system of “rule according to the advice and consent of the people”

The requirement that the President may commit troops into combat “only with the advice and consent of the House of Representatives”

The requirement that the Congress “may declare war only with the advice and consent of the President”

None of the above

Which of the following was not a provision or characteristic of the Virginia plan?

Based on popular sovereignty

Bicameralism

Strictly enumerated federal legislative powers

Broad federal judicial powers

In a so-called “representative government,” who conducts the business of government?

Representatives elected by the people

All citizens who are subjected to the laws passed by government

An unelected group or individual who claims to rule on behalf of the people

None of the above

What is the “take care clause”?

The clause in Article I, section 10, of the Constitution that says Congress must “take care that its enumerated powers not be used in betrayal of the public trust”

The clause in Article II, section 1, of the Constitution that says the Supreme Court shall “take care that the Constitution and rule of law be upheld”

The clause in Article III, section 1, of the Constitution that says the President shall “take care to preserve the Constitution and security of the nation”

The clause in Article II, section 3, of the Constitution that says the President shall “take care that the laws be faithfully executed”

In the struggle for ratification of the Constitution, which side opposed ratification?

The Federalists

The Anti-Federalists

The DemocraticRepublicans

The Loyalists

To which branch of government does the “necessary and proper clause” apply?

The Congress

The Presidency

The Supreme Court

All of the above

Which section of the U.S. Constitution lists the so-called “enumerated powers”?

Article III, section 6

Article II, section 3

Article I, section 8

None of the above

What impact did Shays’s Rebellion have on public opinion during the “Critical Period”?

It convinced many that the states required more power in order to check the power of the central government.

It convinced many that the U.S. Constitution was in need of amendment.

It convinced many that the U.S. was going to win independence in the Revolutionary War.

It convinced many that the states were unstable and that a stronger national government was needed.

To what is the Philadelphia or Federal Convention also referred?

The Annapolis Convention

The Constitutional Convention

The Continental Convention

The State Convention

Why was the Annapolis Convention of 1786 held?

To discuss problems related to interstate commerce

To discuss problems arising out of foreign policy security dilemmas

To discuss problems arising out of state diplomatic relations with Indian tribes

To discuss reconciliation with the British Empire

What was the Confederation Congress?

The national government created by the Constitution

The executive branch component of the national government during the Revolutionary War

The central government created by the Articles of Confederation

The central government established by the Confederate Constitution

Which one of the following statements accurately describes the process by which the Constitution was ratified?

The Constitution required approval from nine state conventions in order to be ratified, and Massachusetts was the ninth state to approve.

The Constitution required approval from all thirteen state conventions in order to be ratified, and Rhode Island was the thirteenth state to approve.

The Constitution required approval from ten state conventions in order to be ratified, and New York was the tenth state to approve.

None of the above

Which one of the following statements accurately delineates the branches of government established by the first three Articles of the Constitution?

Article I established the executive branch, Article II established the legislative branch, and Article III established the judicial branch.

Article I established the executive branch, Article II established the judicial branch, and Article III established the legislative branch.

Article I established the legislative branch, Article II established the executive branch, and Article III established the judicial branch.

None of the above

Which one of the following was not a political principle or institutional arrangement that was supported by most of the delegates at the Constitutional Convention?

Strong unitary national executive

Limited government and the idea of a written constitution

Representative government

Separation of powers

Which political philosopher (and idea) had the strongest impact on the theory expressed in the Declaration of Independence?

Locke and his idea of natural rights

Montesquieu and his idea about the separation of powers

Blackstone and his idea of legislative sovereignty

Hobbes and his idea of a social compact

Which Continental Congress signed the Declaration of Independence?

The first

The second

The third

The fourth

What did the Declaratory Act of 1766 state regarding the authority of the British King and Parliament over the colonies?

Their power to make laws binding on the colonies in America was absolute.

Their power to make laws binding on the colonies in America was subject to colonial review.

Their power to make laws binding on the colonies in America was subject to international arbitration.

Their power to make laws binding on the colonies in Africa was absolute.

The Intolerable Acts were passed by the British parliament in response to what event?

The start of the American Revolution

The Boston Tea Party

The start of the War of 1812

The Stamp Act Congress of 1765

Why did the British impose the Stamp Act in 1765 and the Sugar Act in 1764?

To offset colonial revolutionary ambitions

To raise revenue for waging a planned war with France

To raise revenues to pay off the debts incurred in the Seven Years War

To redistribute wealth from the home country back to the colonies

Between 1700 and the start of the American Revolution, what did the population of the colonies do every twenty years?

It decreased exponentially

It stayed approximately the same

It doubled

It tripled

Frustrations with the Confederation Congress included which of the following?

Inability to secure unanimous consent of the states to amend the Articles of Confederation

Equality of votes between the large states and the small states

Failure to resolve commercial disputes among the states

All of the above

Which one of the following is not a position regarding those who were opposed to enacting a Bill of Rights?

The Constitution’s structure already protects rights

Some rights might be left off any list

Protecting some rights is better than none

Powers not granted cannot be abused

Which one of the following institutions did the Founders leave in the hands of the voters?

House of Representatives

Senate

President

Supreme Court

Which one of the following was not a belief of the Founders regarding what a written constitution allows?

to limit and separate institutional power

to encourage political parties

for officeholders to watch and check each other

to define and secure the liberty of citizens

After the Puritans in Massachusetts banished Roger Williams and Anne Hutchinson from their society for their unorthodox religious beliefs, the two made their way to ^___^.

Connecticut

New Hampshire

Rhode Island

Vermont

In colonial America, the French threat was removed due to ^___^.

Gen. Washington’s victory over the French forces at the siege of Yorktown

Thomas Jefferson’s purchase of the Louisiana territory from France

the alliance between Americans and Hessians in French Canada

the British victory in the French and Indian War

During the Seven Years War, which one of the following posed the greatest threat to the American colonies?

British troops

French troops

Spanish troops

Dutch troops

In England, who opposed with force the Puritans’ demand for religious freedom?

the King

the Anglican Church

the economic elites

All of the above

What concept, belief, or value transferred from Europe did the open spaces in America undermine?

intolerance

political hierarchy

feudal restrictions

All of the above

Which one of the following statements is true with regard to freedom, liberty, and opportunity in colonial America?

They applied only to propertied white men.

They applied to Indians and slaves not at all.

All of the above

The average white man in colonial America wielded an economic and political influence enjoyed by the mass of men in no other place on earth because most had access to ^___^.

The British Crown

They applied to white women through their fathers and husbands. religious freedom

firearms

property

During the American Revolution, the best estimates are that ^___^ of adult white males were patriots.

40 percent

50 percent

60 percent

70 percent

The actual declaration of independence approved by the Second Continental Congress was ^___^.

the Virginia House of Burgesses’ instruction to its delegates on May 15

an election of a committee to prepare a statement on June 10

Richard Henry Lee’s resolution passed on July 2

Thomas Jefferson’s document adopted on July 4

Richard Henry Lee wrote ^___^.

The resolution on independence passed by the Second Continental Congress

The Declaration of Independence

Common Sense

The Rights of Man

In the Declaration of Independence Thomas Jefferson viewed John Locke’s belief in a fundamental right to property as ^___^.

an open promise

free and inclusive

self-evident and obvious

defensive and exclusionary

Shays’s Rebellion ^___^ in their decision to call the Federal Constitutional Convention Constitution.

was unknown to the Founders and thus of no consequence

had no impact on the Founders

gave pause and reluctance to the Founders

was perceived as a warning of instability by the Founders

In the Founders’ development of American democratic constitutionalism, the following ideas and concepts were included.

limited government

separation of powers and checks and balances

bicameralism and federalism

All of the above

The Great Compromise between the large states and the small states had to with counting slaves as three-fifths of a person with regard to ^___^.

representation only

taxes only

both representation and taxes

None of the above

The delegates to the Constitutional Conventional decided ^___^.

to allow the federal government to set the rules for voting and conducting elections

to allow each state to set the rules for voting and conducting elections

to allow both the federal government and each state to set the rules for voting and conducting elections

None of the above

At the Constitutional Convention, the Brearley Committee proposed the ^___^ as an attempt to bridge differences between the large states and the small states.

Great Compromise

Electoral College

Federalism

Interstate Commerce

Which clause seemed to defeat the purpose of the Constitution’s list of enumerated powers of Congress?

“take care” clause

“full faith and credit” clause

“necessary and proper” clause

“privileges and immunities” clause

When legislation has been sent to the president by Congress, the president may ^___^ the legislation.

sign

veto

ignore

All of the above

How many amendments did Congress send to the states in an effort to add a Bill of Rights to the Constitution?

What was one of the primary concerns for why many of those opposed to the Constitution argued for the necessity of a Bill of Rights?

taxation without representation

excessive police powers of the states

necessity of separation of powers

None of the above

Which two of the following are institutional checks on the legislature’s ability to act rashly?

a, c

Presidential veto

Federalism

Bicameralism

Incrementalism

Montesquieu contributed which two of the following concepts to the constitutional thinking of the Founders?

a, d

Consent via the social contract is the basis of democracy

Society benefits from science, discovery, and invention

Government is best limited by institutionally separating political power

Which two of the following institutions are necessary to amend the Constitution?

b, d

Freedom and equality make moderate government possible President

Congress

Supreme Court

States

Multiple-Select Multiple Choice

Which two of the following were strongly in favor of adding a Bill of Rights to the Constitution?

a, d

Thomas Jefferson

Federalists

Alexander Hamilton

Anti-Federalists

True-False The Intolerable Acts were passed by the colonists to expose the unfairness of the British taxation system.

FALSE

A republic retains residual elements of monarchy and aristocracy.

TRUE

The Puritans of early Massachusetts shared many ideas about politics with medieval Europeans.

TRUE

The Puritans fled religious persecution to settle in America and then provided all others who also fled religious persecution a safe haven regardless of religious beliefs.

FALSE

Montesquieu argued that circumstance and a nation's people should be considered when deciding what sort of government is most useful and effective for a society.

TRUE

Adam Smith and John Locke were British intellectuals who influenced American thought.

TRUE

The concept of individual rights is central to the ideas of individualism and classical liberalism.

TRUE

The principles of equality and tolerance were inherent among the religious traditions of most of the colonial settlers in America.

FALSE

The Declaratory Act announced the colonists’ intention to withdraw from the crown's jurisdiction.

FALSE

Rhode Island was the last state to ratify the Constitution. The new state governments formed during the Revolution tended to empower executives and upper legislative chambers at the expense of lower legislative chambers.

TRUE FALSE

The New Jersey Plan called for a much stronger national government than did the Virginia Plan.

FALSE

During the colonial period, governors, backed by the power and majesty of the British King and Parliament, ruled the colonies with practically no limitations on their power.

FALSE

Most of the Founders, though not all, respected the common people even if they did not fully trust them.

TRUE

The idea of separation of powers was present in the colonial governments on the eve of the America Revolution.

TRUE

During the early colonial era, British rule rested lightly on the colonists in America.

TRUE

British imperial administrators in London chose not to involve themselves deeply in the political and economic affairs of the colonies. Before the United States, no nation in the world, including Great Britain, had a written constitution.

TRUE TRUE

Open What ideas from John Locke appeared in the Declaration of Independence? Contrast the purposes of government for the ancients and the moderns. How have Individualism and secularism contributed to the development of the American government? In what major ways did diversity impact American colonial development? Do you believe that the social contract is a practical reality or only an abstract idea? Support your answer with concrete examples. Would Montesquieu support the spread of democracy across the globe? Why or why not? What does the notion that there was a natural “openness” of America entail? As completely yet succinctly as possible, discuss the major concepts associated with classical liberalism. What role, if any, did religion play in the colonial settlement of America? Why did the Articles of Confederation fail? Could they have succeeded with more minor modifications? If you could have only chosen one plan, would you have preferred the New Jersey plan or Virginia plan? Why? Trace the key steps in the constitutional amendment process. Would you have sided with the Federalists or Anti-Federalists? Why?

Discuss the separation of powers and checks and balances within the framework provided by the first three articles of the U.S. Constitution. Discuss the debate between the Federalists and the Anti-Federalists over the ratification of the U.S. Constitution. Discuss the amendment process for the Constitution as laid out in Article V. Discuss how Article I of the Constitution is unique relative to Articles II and III. Which plan ultimately served as the most influential model for the Constitution and what were some of its major features? Discuss the Great Compromise as fully yet succinctly as possible. Discuss how open space and a diverse population corroded hierarchy in colonial America. 15

Discuss the differences between the authority and role of colonial governors with governors during and after the Revolution. Discuss the values of those who opposed the Revolution that they thought they were defending. Discuss the Founders’ belief that constitutional political institutions were redesigned to remove powers from their more elitist elements and add powers to their more popular elements. Discuss to what extent Jefferson’s understanding of individual rights is expansive. Discuss the various components of American democratic constitutionalism. Discuss the arguments of those who believe that our politics are broken. Do you agree? Why or why not? Donald Trump’s campaign for the presidency argued that political elites have lost touch with common hopes and fears. Do you agree? Why or why not?

Chapter 2 – Federalism and the American Constitutional Order – Test Bank for Brief ed. Single-Select Multiple Choice Question

Answer

^___^ belong to all sovereign nations, allowing their executives to take whatever measures necessary to defend a nation or protect its interests.

Implied powers

Natural rights

Inherent powers

None of the above.

In the case of U.S. v. E.C. Knight, the Supreme Court ^___^.

limited presidential power over state laws

limited Congress's regulation of interstate commerce to the transportation of goods across state lines

invalidated the claim that states could withdraw from the Union

enforced the right of the national government to create unfunded mandates

What did the Court declare in the case of Dred Scot v. Sanford (1857)?

Declared that African-Americans slaves were not citizens

Declared that African-Americans were not residents

Declared that AfricanAmericans were not citizens, but that freed slaves could become citizens

Declared that AfricanAmericans were not constitutionally protected property

During the time of Dual Federalism, which Supreme Court Chief Justice was associated with nationcentered federalism and which with state-centered federalism?

Taney with nationcentered federalism and Marshall with state-centered federalism

Taney with statecentered federalism and Marshall with nation-centered federalism

Rehnquist with statecentered federalism and Warren with nation-centered federalism

None of the above

Does the Constitution guarantee that the federal government has positive obligations to the states?

No. Insofar as the federal government has positive obligations to the states, these developed over time and are not a part of the Constitution.

Yes. The federal government has constitutional responsibilities toward the states, such as the Tenth Amendment’s “reserved powers” clause.

Yes. The federal government has constitutional responsibilities toward the states, such as Article IV’s guarantee that the states’ republican governments will be protected from invasion and domestic violence.

Both of the last two options

Has our system always been federally structured, and, if not, what was it originally?

Yes

No, it was originally a unitary system

No, it was originally a confederal system

None of the above

In addition to the globalization of commerce, what are other recent developments that have pushed toward more not less national authority?

There are none. Other factors are actually pushing toward more and more state autonomy

Activist Supreme Court justices who are increasingly unwilling to follow the original intent of the Founders

Global warming and international terrorism

None of the above

In the Supreme Court’s decision in U.S. v. Lopez (1995), what federalism issue was at stake?

The ability of the Congress to regulate interstate commerce as a police power regarding handgun proximity to schools

The ability of the Congress to regulate interstate commerce as a police power regarding transport of arms across state boundaries

The ability of the Congress to regulate interstate commerce as a police power regarding the imposition of national mandates on racial equality in hiring and promotion procedures within local law enforcement departments

The ability of the president to utilize executive orders to impose and enforce affirmative action dictates

Did Bill Clinton continue the policies of devolution started by Reagan even though he was a Democrat?

Yes

What was one way in which Reagan “turned off the tap” regarding the growth in federal grants-in-aid and national mandates that had occurred under his immediate predecessors?

Increasing mandates but decreasing grantsin-aid

Decreasing mandates but increasing grants-inaid

Calling for states and localities to increase their tax bases

Cutting federal taxes

What was the derisive term used for the increased usage of categorical grants and national mandates?

Creative federalism

Socialist federalism

Coercive federalism

Confederalism

What are block grants?

Federal funds made available to states and communities with wide discretion for how the money is spent in a broad substantive area of policy

The same thing as a categorical grant

Does general revenue sharing still exist?

Yes

What is a categorical grant?

A program for economic development only

Federal funds made available to states and communities in which they have discretion over how the money is spent within a broad substantive area covered by the block grant

The same thing as general revenue sharing

Federal funds made available to states and communities with narrow discretion for how the money is spent in a limited substantive area of policy

A program for The same thing as a block providing funds to grant states and communities by the federal government for a specific purpose and usually requiring a distinct application, implementation, and reporting procedure

What was the significance of the U.S. v. E.C. Knight (1895) decision for the development of American federalism?

It expanded Congress’ ability to regulate interstate commerce by including manufacturing and production as categories covered.

It limited Congress’ ability to regulate interstate commerce by excluding manufacturing and production as categories covered.

It established the principle of “separate but equal” with regard to the national government’s ability to intervene in state segregation issues.

It claimed that the executive could not impose command economic structures and procedures on the American national economy even in the face of a global political or economic crisis.

What is the “doctrine of nullification”?

The claim that states have the right to nullify national acts that they believe to be beyond national constitutional authority

The claim that states do not have the right to nullify national acts that they believe to be beyond national constitutional authority

The claim that local governments have the right to nullify state acts that they believe to be beyond state constitutional authority

The claim that state governments have the right to nullify local acts that they believe to be beyond the local constitutional authority

What is secession?

The claim that states have the right to withdraw from the Union

The claim that states do not have the right to withdraw from the Union

The claim that states can join in confederation with other countries

The claim that states can dissolve into component sub-states

Is the United States today a federal, confederal, or unitary government?

Federal

Confederal

Unitary

None of the above

What were most of the empires of the ancient world and monarchies of Europe regarding the division of power between levels of government?

Federal

Confederal

Unitary

None of the above

What was the original meaning of the word federalism?

That government rested on the idea of treaty, compact, or covenant

That government rested on the notion of a division of powers between levels

That government rested on the notion of a separation of powers

All of the above

What is an example of a concurrent power?

To maintain local governments

To tax

To conduct war against foreign countries

Any inherent power

What kind of powers has allowed executives to take actions in the name of national interests?

Implied powers

Concurrent powers

Inherent powers

Expressed powers

What are the three categories of reserved powers regarding state governments?

Police power, fire alarm power, and ambulance power

Security, administration, and economics

All of the above

Where do the reserved powers find their constitutional mandate?

In the Eighth Amendment

Police power, provision of services to citizens, and the creation and control of local governments In Article IV

In the Tenth Amendment

In Article V

What power was expanded by the Supreme Court decision in Gibbons v. Ogden (1824)?

The power of the executive to arbitrate between labor and management disputes

The power of the Congress to regulate all stages of interstate commerce due to the notion of “continuous journey”

The power of the Supreme Court and other federal appellate courts to invoke judicial review

The power of the Congress to regulate completely within state commerce regardless of whether the commerce crosses state boundaries

What does extradition mean?

Persons accused of a crime in one state fleeing into another state shall not be returned to the state in which the crime was committed

Persons accused of a crime in one state fleeing into another state shall be returned to the state in which the crime was committed

Persons accused of a crime in one country fleeing into another country shall not be returned to the country in which the crime was committed

None of the above

Which court case dealt specifically with the guaranteeing of privileges and immunities for residents from one state by the government of another state?

Paul v. Virginia (1869)

Paul v. John (1969)

Joe v. Virginia (1870)

The Slaughterhouse Cases

Which of the following are two constitutional provisions that deal with interstate relations?

The Full Faith and Credit Clause and the Non-privileges and Immunities Clause

The concept of extradition and the Little Faith and Credit Clause

The Full Faith and Credit Clause and the Privileges and Immunities Clause

None of the above

Which of the following are two powers denied to the states?

The power to tax and the power to engage in alliances with other countries

The power to keep armies and navies and the power to make treaties

The military power and economic power

Foreign policy and domestic policy powers

Which one of the following assertions best reflects the attitudes of Presidents Theodore Roosevelt and Woodrow Wilson regarding the question of how the states relate to the federal government?

Only the opinions of the founding generation can properly answer this question.

“Trust busting” of private sector actors through federal oversight is not a proper answer to this question.

Political and economic development force us to consider new answers to this question.

Neither president encouraged a more dynamic view of federalism.

Approximately how many governments exist within the federal system of the United States?

51 governments

More than 700 governments

More than 8,000 governments

More than 90,000 governments

The decision by the U.S. Supreme Court to uphold Obamacare was argued on the basis of the ^___^.

commerce clause

power to tax

implied powers

categorical grant authority

For most of American history, the claims of state officials that federal officials construed their powers too broadly and infringed on state powers protected by the Tenth Amendment were taken seriously in the federal courts until ^___^.

the Great Compromise

the Great Transformation

the Great Depression

the Great Society

To stop the Supreme Court from striking down major parts of his legislative agenda, FDR attempted to ^___^ the court.

pack

impeach

fire

All of the above

In the mid-1980s the Supreme Court began to challenge the federal government’s expansive social programs and an aggressive regulatory agenda on the basis of ^___^.

the First Amendment

the Second Amendment

the Ninth Amendment

the Tenth Amendment

Formal nullification refers to the ^___^.

state government declaring an act of Congress void and the federal courts upholding that claim under the

Supreme Court declaring an act of a state void and Congress upholding the decision in enabling legislation

Congress declaring an executive order void and empowering the states to ignore the order through enabling legislation

state legislatures passing contrary laws or declining to enforce federal mandates and the public demonstrating an unwillingness to comply

“reserved rights” of the states in the Tenth Amendment Informal nullification refers to the ^___^.

state government declaring an act of Congress void and the federal courts upholding that claim under the “reserved rights” of the states in the Tenth Amendment

Supreme Court declaring an act of a state void and Congress upholding the decision in enabling legislation

Congress declaring an executive order void and empowering the states to ignore the order through enabling legislation

state legislatures passing contrary laws or declining to enforce federal mandates and the public demonstrating an unwillingness to comply

In American federalism, sovereignty is located in ^___^.

the federal government only

the state governments only

both the federal government and the state governments

neither the federal government nor the state governments

The Supremacy Clause in Art. VI of the U.S. Constitution states that the ^___^ shall be the supreme law of the land.

Constitution, federal laws, and state laws

Constitution, federal laws, and treaties

federal laws, treaties, and state laws

Constitution, treaties, and state laws

The “necessary and proper” clause suggests that Congress has a general authority beyond and in addition to its ^___^ powers.

inherent

reserved

prohibited

enumerated

Which of the following is not true regarding a compound republic?

National and state governments exercise dual sovereignty.

Double security exists to protect the rights of the people.

The Constitution establishes double jeopardy as a fundamental right.

Powers are delegated to two separate governments.

Following the Civil War, “Jim Crow” laws were enacted in the South to ^___^.

incorporate the Emancipation Proclamation

segregate the races

integrate Reconstruction efforts

assimilate the combatants into society

In the case of Marbury v. Madison, the Supreme Court declared a section of an act of Congress, the Judiciary Act of 1789, to be ^___^.

inherent

implied

unconstitutional

constitutional

The decision by the Supreme Court in McCulloch v. Maryland, ^___^.

interpreted the powers of Congress broadly and to limit state interference with federal law

interpreted the powers of the states broadly and to limit federal interference with state law

interpreted the powers of Congress and the states narrowly and to limit both in interfering with each other

Which set of the following court cases under John Marshall produced decisions by the Supreme Court that attempted to embed the nation-centered vision of federalism in the Constitution?

interpreted the powers of Congress narrowly and expanded the right of states to interfere with federal law U.S. v. E.C. Knight, Marbury v. Madison, McCulloch v. Maryland

Marbury v. Madison, McCulloch v. Maryland, Gibbons v. Ogden

Gibbons v. Ogden, U.S. v. E.C. Knight, Marbury v. Madison

McCulloch v. Maryland, Gibbons v. Ogden, U.S. v. E.C. Knight

Modern opponents of states’ rights claim that ^___^ fairness and justice require that standards be set and maintained in the area of equal rights for minorities and women, as well as in such areas as health, welfare, and education.

national

local

both national and local

none of the above

Contemporary states’ rights arguments continue to focus on the virtues of ^___^ control.

national

local

both national and local

none of the above

Which one of the following presidential initiatives attempted to end racial discrimination and segregation, protect civil liberties, reform criminal justice procedures, and afford new protections to

“Square Deal”

“New Deal”

“New Frontier”

“Great Society”

rights of the accused and convicted? Preemption is the power of the national government ^___^.

to preempt or punish international lawbreakers

to preempt or interdict unlawful drug shipments

to preempt or push aside state law

to preempt or nullify decisions by courts of law

“Sanctuary cities” are generally understood to be local governments that declare that they will not cooperate in the enforcement of federal ^___^ laws.

anti-marijuana

gun control

anti-abortion

immigration

In the spirit of devolution federalism, Donald Trump signed an executive order banning ^___^.

Medicaid expansion

sanctuary cities

abortion clinics

no gun zones

State governments receive more than ^___^ of their general revenue directly from the federal government.

one-eighth

one-fourth

one-third

one-half

Adopting earlier legal arguments of conservatives, Democrats and progressives also relied on legal arguments based on ^___^ to oppose Donald Trump’s executive order banning “sanctuary cities.”

human rights provisions in the Universal Declaration of Human Rights

individual rights of the accused in the IV, V, and VI Amendments to the U.S. Constitution

states’ rights and the 10th Amendment to the U.S. Constitution

None of the above

When the Trump administration decided to withdraw from the Paris climate change accords, California’s Democratic Governor, Jerry Brown, pledged to ^___^ the president’s decision.

support

ignore

resist

In fact, the governor pledged nothing.

Multiple-Select Multiple Choice Reserved powers ^___^ and ^___^.

c, d

include those that allow sovereign states to maintain a military

include the power to tax

are supported by the 10th Amendment

refer to those powers reserved to the states or to the people

Federalism allocates and limits ^___^ and ^___^ between levels of government.

a, d

political power

liberty

individual rights

responsibility

What were the old models of government that the Founders rejected at the Constitutional Convention of 1787?

b, c

federal

confederation

unitary

league

At the Constitutional Convention of 1787, which two ideas laid open the possibility that within a single territory there might be two sets of governments and two sets of public officials assigned clear and specific responsibilities and powers?

a, d

constitutionalism

democracy

representation

limited government

Throughout the history of American federalism, tension has existed between ^___^ and ^___^.

a, c

the elastic clause and the supremacy clause

the take care clause and the establishment clause

the powers reserved to the individual states by the Tenth Amendment

the rights retained by the people by the Ninth Amendment

President Bush’s policies associated with his devolution federalism were ^___^ when ^___^ strained state budgets.

b, c

accelerated

reversed

low taxes

the “Great Recession”

True-False The Supremacy Clause declares that the national government is supreme over the state constitutions and laws within its area of legitimate authority.

TRUE

Categorical grants allow the states to spend money on any issue they categorize as a priority.

FALSE

Special revenue sharing is different from general revenue sharing in that both heavily restricted how federal funds could be spent.

FALSE

Regardless of what type of federal grant it is, all federal grants are referred to collectively as block grants.

FALSE

When federal and state laws conflict, federal laws always prevail over state laws.

FALSE

Formal nullification refers to the state government declaring an act of Congress void and the federal courts upholding that claim under the “reserved rights” of the states in the Tenth Amendment.

TRUE

Informal nullification refers to the state legislatures passing contrary laws or declining to enforce federal mandates and the public demonstrating an unwillingness to comply.

TRUE

A federal system divides political power and responsibility between national and subnational levels of government.

TRUE

The fundamental logic of American federalism is that the states possess complete power over matters not delegated to the national government and not denied them by the U.S. Constitution or by their own state constitutions.

TRUE

The U.S. Constitution permits the states to enter into treaties or alliances with each other and with foreign powers.

FALSE

According to Art. IV, section 3, of the U.S. Constitution, Congress may change the boundaries of the states without their permission.

FALSE

The broad result of the Marbury decision was to establish the Supreme Court as the final arbiter of what is and is not constitutional.

TRUE

The idea of the Constitution as a compact from which states might secede was a casualty of the Civil War.

TRUE

The Commerce Clause has been used by Congress to justify the federal government’s expansion of police powers.

TRUE

Art. VI and the Tenth Amendment of the Constitution are in agreement on the national supremacy of the federal government over states’ rights.

FALSE

The Civil War destroyed both nullification and secession as practical ideas within the American political system.

TRUE

A U.S. district court judge upheld Trump’s attempt to command state resources to combat sanctuary cities as constitutional.

FALSE

Open Which do you think is better, unitary government or federal government? Why? Compare and contrast implied and enumerated powers. Give an example of each. What were the reasons behind the transition from dual to cooperative federalism? What are the potential drawbacks of States' Rights? What is the relationship between federal and state government expenditures across the last century? Imagine you're a state governor combating a budget shortfall in your state. Which type of federal grant would you prefer and why? Explain the reasons behind the U.S. v. Morrison decision. Make a case for one type of federalism over another and support your argument with evidence garnered from the text. How have mandates and grants-in-aid been employed to push the federal government’s agenda on the states? Contrast layer cake with marble cake federalism. Discuss the role played by interstate commerce regulation in nation-centered and state-centered federalism. What historical developments were associated with the move from a dual federal system to a cooperative federal system? Do you believe that the growth in the number of governments within the federal system is directly caused by the growth in the population of the country? Defend your answer. Discuss how the Constitution has adapted to permit and even facilitate the evolution of our federal political structure. 30

Discuss how states that oppose federal policies can provide a refuge where national minority parties and their policy goals are accepted and where they can plot an electoral comeback in the next election. Discuss how the Civil War destroyed both nullification and secession as practical ideas within the American political system. Discuss what it means to say that there is a long national tradition that the party that dominates Washington is comfortable with uniformity while the opposition party looks for partial victories in friendly states. Discuss what happened to the states when President George W. Bush’s tax cuts resulted in national budget deficits. Discuss why Republican opposition began to shift and even to moderate once the Supreme Court held Obamacare constitutional. Discuss some potential effects on state and local governments if the Trump administration renegotiates NAFTA.

Chapter 3 – Civil Liberties: Democracy and the Expansion of Liberty’s Realm – Test Bank for Brief ed. Single-Select Multiple Choice Question

Answer

Most prosecutors stopped pursuing cases of obscenity on the internet (with the exception of child sexual exploitation) because of ^___^.

special rules that allow obscenity in digital media

the overwhelming amount of obscene material

the Protect Act of 2003

None of the above

The modern prohibition on prior restraint was established by ^___^.

Congressional Act

Atkins v. Virginia

Executive Order

Near v. Minnesota

Are civil liberties and civil rights essentially the same things?

Yes

Which of the following is an example of a civil right?

The right to vote

The right to free speech

The right to a free press

The right to religious practice

Which of the following is an example of a civil liberty?

Freedom of the press

Freedom of speech

Freedom of religion

All of the above

Which decision or amendment restricted the application of the Bill of Rights to the federal government alone?

The Ninth Amendment

The Tenth Amendment

Barron v. Baltimore (1833)

McCulloch v. Maryland (1819)

When viewed together, what are the freedoms of speech and press collectively said to be?

freedom of the press

freedom of expression

fundamental rights

human rights

Which of the following was a significant element of Justice Oliver Wendell Holmes’ majority opinion in Schenck v. U.S. (1919)?

The declaration that the First Amendment’s protection of free speech is not absolute

The establishment of the “Clear and Present Danger Test” for deciding between protected and punishable speech

The declaration that Both of the first two the First options Amendment’s protections are among the liberties incorporated through the Fourteenth Amendment’s due process clause

Which of the following was a significant result of the Court’s decision in Gitlow v. New York (1925)?

The declaration that the First Amendment’s protection of free speech is not absolute

The establishment of the “Clear and Present Danger Test” for deciding between protected and punishable speech

The declaration that Both of the last two the First options Amendment’s protections are among the liberties incorporated through the Fourteenth Amendment’s due process clause

What is symbolic speech?

Speech related acts protected under the First Amendment

Non-speech related acts protected under the First Amendment

Undefined portions of the First Amendment’s freedom of speech clause

None of the above

Which Supreme Court decision ruled that cross burning is not protected speech? Which case set forth the three-part test to determine whether something was determined to be obscene?

Texas v. Johnson (1989)

Virginia v. Black (2003)

Brandenburg v. Ohio (1969)

Whitney v. California (1927)

Roth v. United States (1957)

Regina v. Hicklin (1868)

Miller v. California (1973)

All of the above

Prior restraint is understood as ^___^.

any limitation on the free exercise of religion, either prior to or after the passing of a statute that limits such exercise

any limitations on publication requiring that permission be secured or approval be granted prior to publication

the taking of criminal suspects into custody prior to a formal arrest or notification of their Miranda rights

None of the above

With which war was the Pentagon Papers case associated?

The Iraq War

The Afghanistan War

The Persian Gulf War

The Vietnam War

What does the establishment clause say regarding religion?

There may not be a national religion established in the United States

There may be a national religion established in the United States

Congress may not interfere with the free exercise of religion

The establishment clause has nothing to do with religion

The free exercise clause is a part of which freedom in the Bill of Rights?

Freedom of speech

Freedom of press

Freedom of religion

None of the above, since it is not in the Bill of Rights

Which constitutional amendment prevents unwarranted searches and seizures?

The First

The Second

The Third

The Fourth

What is the right to counsel and where did it originate?

The right to an attorney, originating in the Sixth Amendment and broadened in Gideon v. Wainwright (1963)

The right to an attorney, originating in the Fourth Amendment and broadened in Hudson v. Michigan (2006)

The right to offer religious instruction and spiritual guidance, originating in the First Amendment and clarified in Lemon v. Kurtzman (1971)

None of the above

In the case of Tinker v. Des Moines School District (1969), what did the Court rule with respect to the First Amendment speech rights of students?

Teachers and school boards have the freedom and responsibility to decide the nature and extent of students’ speech rights.

Students have a presumptive right to engage in political speech so long as that speech does not unduly disrupt the basic educational mission of the school.

Public schools are a public forum wherein students (and teachers) enjoy an absolute right to free political speech.

None of the above

In addition to improving information sharing and enhancing surveillance authority, what other provisions were in the Patriot Act?

Strengthening antiterrorism laws

Provisions for “Following the money”

Both of the above options

None of the above

Which of the following rights is guaranteed by the Fifth Amendment?

The right to a jury trial

The right against self-incrimination

The right of selfdefense

Both of the first two options

Which court decision declared executions of mentally challenged persons to be “cruel and unusual” and, thus, in violation of the Eighth Amendment?

Gideon v. Wainwright (1963)

Atkins v. Virginia (2002)

Furman v. Georgia (1972)

Gregg v. Georgia (1978)

In what case did the Supreme Court declare that persons taken into custody must be specifically informed that they have the right to remain silent and that they cannot be questioned unless they waive that right?

Gideon v. Wainwright (1963)

Miranda v. Arizona (1966)

Furman v. Georgia (1972)

Hudson v. Michigan (2006)

What did the Supreme Court declare in the case of Montejo v. Louisiana (2009)?

If criminal defendants are appointed an attorney, but they choose to speak to police without their attorney present, any incriminating statements made by the defendant can be used against him or her in court.

If criminal defendants are appointed an attorney, then anything they say to police before they have an opportunity to consult with their attorney may not be used in Court against them.

Criminal defendants have a right to an attorney, but if they waive that right then anything they say can be used against them in Court.

None of the above

Which one of the following statements is not one of the three tests regarding church-state relations and the constitutionality of a government program in the Supreme Court’s decision in Lemon v. Kurtzman?

The program must have a secular purpose.

The program must neither advance nor impede religion.

The program must not create an excessive entanglement of church and state.

The program must permit faith-based initiatives.

Which one of the following statements is too often the norm when public defenders or legal aid lawyers represent poor defendants?

The amount of time they can spend preparing for each case is minimal.

They are reduced to negotiating plea bargains.

They are reduced to negotiating guilty verdicts.

All of the above

Edward Snowden’s release of secret documents revealed the NSA’s illegal gathering of vast amounts of ^___^ .

financial contributions from foreign heads-ofstate

data on phone, text, and Internet traffic

military weaponry for transfer to clandestine forces abroad

All of the above

In McDonald v. Chicago (2010) the Supreme Court extended the Heller finding to a general limit on ^___^ intrusion on the individual right of citizens to keep and bear arms.

local

state

federal

All of the above

In contemporary Supreme Court decisions dealing with civil liberties, we see that our sense of what these liberties entail is ^___^ it was formerly.

much broader and more comprehensive than

less applicable and more restrictive than

nearly identical in meaning application as

None of the above

With regard to issues of federalism, in contemporary court decisions, the Supreme Court ^___^ much of civil liberties law.

decentralized

prioritized

nationalized

stigmatized

The Anti-Federalists seized upon the absence of ____ as the key reason for their opposition to ratification of the Constitution.

a necessary and proper clause

a federal framework

a set of powers denied a bill of rights to the states

By 1788, to begin the process of drafting a bill of rights, how many proposed amendments were submitted to the House of Representatives?

Delegates to the Virginia convention narrowly voted to ratify the proposed constitution but only after the Federalists’ promised to ^___^ in the first Congress.

negotiate a new trade agreement with Great Britain

support amendments to create a bill of rights

nominate George Washington as the first president

expand the armed forces to defend against French attacks in the west

The Supreme Court did not move to enforce the individual liberties of the Bill of Rights against state and local governments until well into the ^___^ century

eighteenth

nineteenth

twentieth

twenty-first

The incorporation of the Bill of Rights into the Fourteenth Amendment of the Constitution was due to the ^___^.

Anti-Federalists

Federalists

Congress

Supreme Court

As a result of “selective incorporation,” today ^___^ provisions of the Bill of Rights constrain both federal and state governments.

few

most

all

None of the provisions because the Bill of Rights was originally meant to apply only against the federal government

Most of the protections of the Bill of Rights now apply against the states because they were “incorporated” via the ^___^ of the Fourteenth Amendment.

necessary and proper clause

due process clause

commerce clause

fugitive clause

Which of one of the following interpretive tests was not declared in a court case by the Supreme Court?

probable tendency test

bad tendency test

clear and present danger test

clear, present, and imminent danger test

Symbolic speech acts approved by the Supreme Court include ^___^.

demonstrations

picketing

protests

All of the above

Which of one of the following speech acts is not speech protected by the Fourteenth Amendment?

cross burnings

demonstrations

picketing

protests

In Charlottesville, Virginia, in August 2017, white nationalists, neo-Nazis, the KKK, and others ^___^ to protest a plan to take down a statue of Confederate General Robert E. Lee.

were unauthorized by the courts

had a parade permit from the city

were invited by the university

had failed to post an insurance bond

Even though President Trump called for libel laws against journalists who write negative and false articles about him and other politicians, the Supreme Court had already declared in ^___^ that free and robust political speech criticizing politicians is worth the pain the politicians endure.

Miller v. California

New York Times Co. v. United States

Near v. Minnesota

New York Times Co. v. Sullivan

How many of the thirteen colonies had state sanctioned churches?

Which one of the following statements is not currently a basic view about how the separation of church and state should be conceived?

A strict separation in which government takes no notice of religion.

Government may not favor one religion over another, but it may provide general support.

Government accommodation of religion is not required in the Constitution.

Government should actively promote religion as beneficial to the nation’s moral strength.

The establishment clause of the First Amendment says, “Congress shall make no law respecting an establishment of ^___^.”

religion

church

belief

ritual

In a federal district court in Pennsylvania, the judge declared that Intelligent Design was a ^___^.

science

philosophy

religion

None of the above

Evincing lack of coordination between different agencies or issues, one week after his inauguration, President Donald Trump signed an executive order that ^___^.

created conflict between his commitment to strengthening the military and the use of public diplomacy

called for strengthening antimarijuana laws, while many states were relaxing their prohibition on sales of marijuana

pitted his Muslim ban on travelers and immigrants against the establishment clause

ordered the Justice department to focus on MS-13 gang activity, while the department’s priorities were focused on Mexican drug cartels

The free exercise clause refers specifically to ^___^.

freedom of speech

freedom of religion

freedom of assembly

freedom of petition

In 1993 Congress passed the Religious Freedom Restoration Act; but, in 1997 the Supreme Court struck down the act due to its conflict with the ^___^.

First Amendment

Third Amendment

Fifth Amendment

Seventh Amendment

President Bush included provisions in the “No Child Left Behind Act” of 2001 requiring the Department of Education to ensure that schools were open to voluntary ^___^ activity.

club

music

sports

religious

Strengthened antiterrorism laws include expanding ^___^.

the definition of domestic terrorism to include lifethreatening activities designed to intimidate the public

the definition of what constitutes material support of terrorists and penalties attached

the right of a federal judge to issue eavesdropping orders that can be executed anywhere in the country

All of the above

To what does the “public safety exemption” refer when used by federal authorities?

terrorists and the reading of Miranda rights

sobriety checkpoints and the presumption of innocence

financial confidentiality and the laundering of drug money

lawyer-client privilege and electronic surveillance

In Baze v. Rees (2008) the Supreme Court declared that ^___^ was constitutionally permissible.

the moratorium on the electric chair could be lifted as that method of execution

executing young people at 16 or 17

the moratorium on the use of cyanide gas could be lifted as that method of execution

lethal injection using the three-drug cocktail

The Supreme Court moved to regulate police, prosecutorial, and judicial conduct in the states by incorporating protections in the ^___^ into the “due process” clause of the Fourteenth Amendment.

Commerce Clause

Bill of Rights

Clear and Present Danger Doctrine

Bad Tendency Test

In 2009, in Herring v. U.S., the Supreme Court ^___^.

expanded the exclusionary rule

declared the exclusionary rule to be unconstitutional

struck another blow to the exclusionary rule

None of the above

The ^___^ produced restrictions on civil liberties that were later regretted and dismantled.

Revolutionary War

Civil War

World Wars I and II

All of the above

Today the United States, with less than 5 percent of the world’s population, holds ^___^ of the world’s prisoners, the most of any nation in the world.

one-thirty-second

one-sixteenth

one-eighth

one-quarter

Which one of the following statements is not true regarding incarceration rates?

The U.S. is number one in the world in incarceration rates.

Russia is number two in the world in incarceration rates.

The average for the world is about onesixth the U.S. rate.

The average for the world is about one-sixth the Russian rate.

In 2015, it cost the states ^___^ to control 6.7 million people in prisons and jails and on probation and parole.

$50 billion

$60 billion

$70 billion

$80 billion

The obscenity test established by Miller v. California includes ^___^ and ^___^ for judging obscenity.

b, c

an idea opposing religiously sanctioned ideas

an appeal to prurient interest

a lack of serious literary, artistic, political, or scientific value

None of the above

The decision in the Pentagon Papers Case attempted to balance ^___^ and ^___^ with regard to endangering national security.

b, d

racial intimidation

prior restraint

bad tendency

imminent danger

In 2012, the Catholic Church and others complained that the new health care law required that they violate their religious principles by including ^___^ and ^___^ services in the health care plans they provided to employees.

b, d

drug rehabilitation

birth control

suicide counseling

abortion

Multiple-Select Multiple Choice

True-False 42

Barron V. Baltimore (1833) ensured that the actions of all state governments were limited by the Bill of Rights.

FALSE

Symbolic speech can also be evaluated with the imminent danger test.

TRUE

The exclusionary rule prohibits search and seizures without a warrant.

FALSE

There is broad agreement among justices of the current Supreme Court that the exclusionary rule, as established by the precedents set in recent decades, ought to continue to apply in “full force.”

FALSE

Gideon v. Wainwright (1963) established that the Constitution implicitly guarantees a right to counsel in federal, but not state, criminal cases.

FALSE

Today, due to the Court’s process of “selective incorporation,” nearly all of the rights in the Bill of Rights now constrain both federal and state governments.

TRUE

Civil Rights are areas of social life where the Constitution prohibits government from taking actions intended to promote fair treatment.

FALSE

Civil liberties are areas of social life where the government is restricted or prohibited from intruding on individuals.

TRUE

In 2014, the Supreme Court declared that states could not simply declare those with IQs above 70 to be competent. A wider range of evidence had to be considered.

TRUE

In District of Columbia v. Heller (2008), Justice Antonin Scalia declared that the first two phrases of the Second Amendment do not modify the second two phrases.

TRUE

In District of Columbia v. Heller (2008), the Supreme Court found that the Second Amendment right to bear arms was an individual right rather than a collective right

TRUE

Several of the state constitutions during the Founding era of the American republic had a straightforward right to bear arms.

TRUE

The U.S. holds more people in jails and prisons that any other country in the world.

TRUE

The wish of some delegates at the Constitutional Convention to add a bill of rights was rejected by a unanimous vote of the states.

TRUE

Due to his sensitivity of personal slights, President Trump announced a desire to reform libel laws to make it easier for those criticized to seek redress.

TRUE

Justice Oliver Wendell Holmes argued that the right to free speech is always absolute.

FALSE

In 2007, the Supreme Court found the Protect Act of 2003, which outlawed trafficking in real or purported child pornography, to be unconstitutional because it infringed on First Amendment rights.

FALSE

Barack Obama continued the domestic surveillance policies of George W. Bush.

TRUE

Recent Supreme Court rulings have increased public aid to parochial schools by allowing federal funds to be used for transportation, lunch programs, textbooks, computers, and other instructional equipment in religious schools.

TRUE

The Supreme Court has long held that the free exercise clause protects Americans in believing, asserting, and acting on any religious principles they please.

FALSE

Fundamentally, we defend what we call “due process of law” even for the most heinous criminals because the treatment that we sanction for them might become the norm for the rest of us.

TRUE

In 2012 the Supreme Court declared that police must secure a warrant because intensive tracking by GPS is a “search” within the meaning of the Fourth Amendment.

TRUE

If the Miranda warning is not given, statements made by the accused may still be used at trial.

FALSE

In 2010, the Supreme Court limited Miranda rights a bit more by holding that suspects must explicitly invoke their right to remain silent and then follow through by remaining silent.

TRUE

In 2012, the Supreme Court declared that sentences of life without the possibility of parole are constitutional for those under 18.

FALSE

Today, the United States holds 25% of the world’s prisoners, the most of any nation in the world.

TRUE

The United States is one of the few advanced industrial countries to employ the death penalty.

TRUE

Open Under what circumstances is prayer allowed in public school environments? 44

Describe the circumstances under which the exclusionary rule may be limited. Which one of the rights of a criminal defendant do you believe is most important, and why? Explain why cross-burning is not protected speech. Think of an example of another symbolic speech that would also not be protected for similar reasons. Discuss the rights of the accused in as succinct, yet developed, a manner as possible. How far should we allow our First Amendment freedoms to be exercised? Be sure to use the text for supporting evidence for your case. Discuss the intent of the Bill of Rights. Discuss the origins of the “Lemon Test” and its intent. What does the Second Amendment say about the role of guns in our society? What is the most recent interpretation by the Supreme Court of the Second Amendment? Do you agree with the court? Why or why not? Discuss the conceptual challenge to dual federalism of the Supreme Court’s decision in McDonald v. Chicago (2010). Discuss how it is possible that civil liberties and civil rights can reinforce and strengthen each other at one level, but yet at another they can clash directly. Discuss the reasoning behind the declaration that high school students have limited speech rights. Discuss the difference in reasoning between the decisions in two Supreme Court cases in 2005 that permitted the posting of the Ten Commandments in one situation but not in the other. Discuss in what way the Supreme Court’s finding that police misconduct must be both “deliberate” and “culpable” (meaning ill-intended) seems to envision a cost/benefit balancing test rather than an automatic exclusion of tainted evidence. Discuss in what way the Patriot Act’s powers of investigation, surveillance, and arrest press hard on the traditional rights and liberties that Americans have enjoyed. Use the Boston Marathon bombing in 2013 to discuss the “ticking time bomb” scenario in terms of Miranda rights and torture. Discuss the paradox between valuing civil liberties so highly, while at the same time keeping so many people in prison.

Chapter 4 – Civil Rights: Where Liberty and Equality Collide – Test Bank for Brief ed. Single-Select Multiple Choice Question

Answer

Griswold v. Connecticut (1965) struck down a law prohibiting ^___^.

contraception as a violation of marital privacy

contraception as a violation of women's right to medical procedures

sodomy as a violation of marital privacy

abortion as a violation of marital privacy

The Slaughterhouse Cases (1873) ^___^.

established voting rights for Latinos in Louisiana

established citizens' rights to know the contents of their meat products

established the right of citizens to challenge monopolies

established that states had the power to define the domestic rights of their citizens

What set of amendments to the U.S. Constitution are also known as “The Civil War Amendments”?

The Bill of Rights

The 11th, 12th, and 13th Amendments

The 13th, 14th, and 15th Amendments

The 16th, 17th, and 18th Amendments

Which decision overturned the separate but equal doctrine of Plessy v. Ferguson (1896)?

Regents of the University of California v. Bakke (1978)

Brown v. Board of Education, Topeka, Kansas (1954)

Allwright v. Smith (1944)

The Civil Rights Acts of 1964, 1965, and 1968

What act ultimately destroyed the Jim Crow system in the South?

The Civil Rights Act of 1965

The Civil Rights Act of 1964

The 24th Amendment

The Voting Rights Act of 1965

Does affirmative action still exist?

Yes, and in its fully constituted form

No, it has been deemed unconstitutional

Yes, but it has been lessened in its application since quotas were declared unconstitutional

Affirmative action has never existed; it is a rallying cry for neosegregationists

Which of these statements most accurately defines civil liberties and civil rights?

Civil liberties are the protections for individuals and minorities provided by the Constitution, while civil rights are similar protections provided outside the Constitution

Civil liberties and civil rights are different words for the same thing: the right of all individuals to enjoy equal liberty under the law

Civil liberties restrict and control government power over individuals, while civil rights promise that government power will be used to ensure that individuals are treated equally and fairly by government and other individuals

The first and third options above

Define the term social movement.

A collective enterprise to change the way society is organized and operates in order to produce changes in the way opportunities and rewards are distributed

A singular enterprise to change the way society is organized and operates in order to produce changes in the way opportunities and rewards are distributed

A public enterprise to maintain the way society is organized and operates in order to prevent tampering with the way opportunities and rewards are distributed

A private enterprise to maintain the way society is organized and operates in order to prevent tampering with the way opportunities and rewards are distributed

What is a “frame” in relation to the concept of social movements?

a method of protest involving pickets with graphical depictions of the movement’s antagonists

a dominant organizing theme

a tactic used by the opponents of social movements that involves seeking to discredit movement leaders

frames have no relationship to the concept of social movements

In which case did the Supreme Court establish the doctrine of “separate but equal,” which implied that government mandated racial segregation did not inherently violate the Constitution’s requirement of equal protection of the laws?

Dred Scott v. Sanford

Civil Rights Cases

Plessy v. Ferguson

Sweatt v. Painter

Which of these statements most accurately identifies and describes the Supreme Court’s first major ruling on the constitutionality of affirmative action in higher education?

In Brown v. Board of Education, the Supreme Court ruled that public colleges can take race into account in admissions decisions as long as they do not set aside a specific number of seats for which only minorities are eligible.

In Regents of the University of California v. Bakke, the Supreme Court ruled that colleges may use affirmative action “whenever and however they see fit.”

In Grutter v. Bollinger, the Supreme Court ruled that affirmative action in higher education admissions must end within twenty-five years.

None of the above

“Coverture,” the legal concept by which the place of married men and women in early nineteenthcentury America was defined, held that when a man and a woman marry, they become ^___^.

“one person, and that person the husband”

“two equals in everlasting union under God”

“one person, and that person unified by independent souls”

None of the above

What was the ERA?

A constitutional amendment guaranteeing racial equality which was ratified in 1982

A constitutional amendment guaranteeing equality of the sexes which was ratified in 1982

A constitutional amendment guaranteeing equality of the sexes which was never ratified

A constitutional amendment guaranteeing racial equality which was never ratified

The Eagle Forum was ^___^.

An offshoot of the National Organization for Women that focused on securing abortion rights for women

an offshoot of the National Organization for Women that focused on securing ratification of the Equal Rights Amendment

A conservative group founded to resist passage of the Equal Rights Amendment and the liberalization of abortion laws

Both of the first two options

Who or what tends to be threatened by social movements?

Policies, programs, and the existing flow of benefits

The people, groups, and institutions that have controlled and benefited from the existing system

Those among the oppressed who fear social disorder

Both the first and second options

What happened in the Slaughterhouse Cases of 1873 relative to the “equal protection clause” of the 14th Amendment?

The Slaughterhouse cases did not deal with the 14th Amendment.

The Slaughterhouse cases dealt with the due process clause of the 14th Amendment.

The Slaughterhouse cases restricted the application of the equal protection clause by defining U.S. citizenship narrowly, thus leaving states to regulate domestic race relations.

The Slaughterhouse cases restricted the application of the equal protection clause by defining due process narrowly, thus leaving states to regulate domestic economic relations.

The Civil Rights Cases (1883) ^___^ relative to civil rights in the United States.

declared the Civil Rights Act of 1875 unconstitutional

sustained broad interpretation of the Civil War Amendments

called for a new civil rights act, though that call would not be answered until the Civil Rights Act of 1957

called for a new civil rights act, though that call would not be answered until the Civil Rights Act of 1964

The Civil War Amendments gave ^___^ collectively to blacks in America.

freedom, citizenship, and the right to vote

freedom, equality, and fraternity

freedom, non-citizen equality, and the right to register to vote

little, less, and nothing

In 1960, approximately what percentage of public schools in the following states had at least one black student attending with at least one white student: Alabama, Georgia, Louisiana, Mississippi, and South Carolina?

0 percent

1-25 percent

26-50 percent

51-75 percent

Opponents of affirmative action claim that it amounts to ^___^.

reverse discrimination against women

reverse discrimination against males

reverse discrimination against white males

None of the above, since there are no opponents to affirmative action

The ^___^ is an example of a women’s equal rights activist group.

National Organization for Women

Eagle Forum

STOP ERA

All of the above

What frame did the Women’s Movement come out of in the 1960s?

One emphasizing free labor, suffrage and contracts

One emphasizing equality and civil rights

One emphasizing conservative reactionaries

One emphasizing liberal progressivism

^___^ supports the contention that women have made significant strides toward gender equality.

In 1970, 4 percent of married women earned more than their husbands; but, in 2008, 22 percent of working women made more than did their husbands. They always worked together.

In 1970, women made an average of 52 percent of what men made; but, in 2008, women made an average of 78 percent of what men made.

Both of the above

None of the above

Which one of the following statements is true regarding the working relationship in politics between difference feminists and equality feminists?

They joined forces to win women’s suffrage in 1920.

Equality feminists dominated the women’s movement until the 1960s.

Difference feminists demanded full equality with men in the economy.

Advocates of gay rights with regard to the right to marry have relied primarily on ^___^.

the “necessary and proper” clause of Article I

the “equal protection” and “due process” clauses of the Fourteenth Amendment

the “full faith and credit” clause of Article IV

the “reserved powers of the states” clause of the Tenth Amendment

The Supreme Court’s decision in June 2015 had the effect of extending a constitutional right of gay couples to marry to ^___^.

the District of Columbia only

federal agencies only

U.S. territories only

the United States generally

In the Supreme Court’s majority decision in the case of Obergefell v. Hodges (2015), Associate Justice Anthony Kennedy wrote that ^___^.

marriage is a “liberty” that cannot be denied to gay couples

marriage is a privilege that is to be defined by each state’s laws

marriage can only be between one man and one woman

None of the above

As a rule of interpretation, the Ninth Amendment indicates that ^___^.

the presence in the Constitution of a claimed right may be taken by a judicial court as proof that it does exist

the absence in the Constitution of a claimed right can be taken by a judicial court as proof that it does not exist

the presence in the Constitution of a claimed right cannot be taken by a judicial court as proof that it does exist

the absence in the Constitution of a claimed right cannot be taken by a judicial court as proof that it does not exist

Which of the following constitutional phrases caused the Anti-Federalists to worry that the national government may become dangerously powerful?

“promote the general welfare”

“necessary and proper”

“supreme law of the land”

All of the above

In recent years, the Ninth Amendment has been referenced in cases dealing with ^___^.

sexual privacy only

abortion only

gay rights only

All of the above

The constitutional right to privacy appears explicitly in the ^___^.

First Amendment

Fifth Amendment

Fourteenth Amendment

None of the above, as the right to privacy does not appear explicitly in the Constitution

In Griswold v. Connecticut (1965), the Supreme Court argued that the First, Third, Fourth, Fifth, and Ninth Amendments have ^___^ that indicate the right to privacy.

substances and obfuscations

disturbances and radiations

penumbras and emanations

protuberances and declinations

Social movements arise from the effect that ^___^.

socioeconomic development has on prominent social divisions

foreign agitators have on national security concerns

political deterioration has on constitutional structures

international agreements have on bilateral trade

The surges in movement activity during particular periods and the similarities between movements that occur simultaneously are explained by the presence of ^___^.

an inherent ethos or guiding light

identical socioeconomic developments and prominent social divisions

a dominant frame or organizing theme

None of the above

Mid-nineteenth-century social movements included support for ^___^.

emancipation of the slaves

women’s rights

temperance

All of the above

Mid-twentieth century social movements included support for ^___^.

civil rights

women’s rights

environmentalism

All of the above

The “Defense of Marriage Act” (DOMA) that defined marriage for the purposes of federal law as being between a man and a woman was signed into law by ^___^.

Bill Clinton

George W. Bush

Barack Obama

Donald Trump

The “Defense of Marriage Act” (DOMA) stated that despite the Constitution’s “full faith and credit clause,” ^___^ would be required to honor another state’s same-sex marriages.

some states

every state

no state

only Washington, D.C.

By 2016 ^___^ states had approved gay marriage.

In 2013, in the case of United States v. Windsor, the Supreme Court struck down ^___^ of DOMA.

parts

all

None of the above because the court declined to hear the case

None of the above because the court upheld DOMA in its entirety

In 2015, in the case of Obergefell v. Hodges, the Supreme Court declared ^___^.

same-sex marriage constitutional yet dissimilar to heterosexual marriage

same-sex marriage unconstitutional and dissimilar to heterosexual marriage

same-sex marriage constitutional but not fully equal to heterosexual marriage

same-sex marriage constitutionally and fully equal to heterosexual marriage

Abolitionism had its origins in the ^___^.

patriot debates over freedom and independence during the revolution

religious debates over slavery and freedom after the Civil War

racial debates over civil and voting rights during the 1950s

antiwar debates over intervention in Southeast Asia during the 1960s

In 1817 the American Colonization Society was founded to promote the transportation of emancipated slaves to ^___^.

Mauritania

Senegal

Ghana

Liberia

In the early nineteenth century an attempt was made to make emancipation of slaves more attractive to whites by linking it to ^___^.

the federal funding of the cotton gin to replace slavery

the transfer of slaves to the western territories

the idea of sending freed slaves back to Africa

the enlistment of slaves into the military during the War of 1812

By the middle of the 1830s with more than 175,000 pamphlets mailed into the southern states, Congress passed and President Jackson ^___^ through the mails.

appropriated federal funding to assist in sending additional antislavery pamphlets

signed legislation to limit the movement of incendiary pamphlets

relied on dual federalism to petition the Supreme Court to assist in sending additional antislavery pamphlets

relied on dual federalism to petition the Supreme Court to limit the movement of incendiary pamphlets

The term Jim Crow refers to the laws and practices that enforced segregation of the races in the American South and elsewhere from ^___^.

the end of the eighteenth century to the middle of the nineteenth century

the end of the nineteenth century to the middle of the twentieth century

the end of the twentieth century to the middle of the twenty-first century

All of the above

The Thirteenth Amendment ^___^.

declared that black men have the right to vote

effectively outlawed slavery

defined former slaves as citizens

None of the above

The Fourteenth Amendment ^___^.

declared that black men have the right to vote

effectively outlawed slavery

defined former slaves as citizens

None of the above

The Fifteenth Amendment ^___^.

declared that black men have the right to vote

effectively outlawed slavery

defined former slaves as citizens

None of the above

After the Civil War amendments were ratified, the Supreme Court quickly interpreted them in the ^___^ possible terms.

narrowest

broadest

balanced

None of the above, since the Supreme Court does not interpret constitutional amendments

The decision in the Civil Rights Cases (1883) held that ^___^.

Congress could not prohibit racial discrimination by state governments nor by individuals

Congress could prohibit racial discrimination by state governments and by individuals

Congress could prohibit racial discrimination by state governments but could not by individuals

Congress could not prohibit racial discrimination by state governments but it could by individuals

Which one of the following cases did not deal with desegregation?

Brown v. Board of Education

Sweatt v. Painter

Bradwell v. Illinois

McLaurin v. Oklahoma

The first major piece of civil rights legislation since Reconstruction, the Civil Rights Act of 1957, was passed under the ^___^ administration.

Eisenhower

Kennedy

Johnson

Nixon

The Civil Rights Act of 1964 was passed under the ^___^ administration.

Eisenhower

Kennedy

Johnson

Nixon

The Civil Rights Act of 1964 ^___^.

prohibited discrimination on the basis of race, color, sex, religion, or national origin by employers or labor unions in businesses with one hundred or more employees

prohibited segregation or denial of service in any public accommodation, including motels, restaurants, movie theaters, and sports facilities

permitted the U.S. attorney general to represent citizens attempting to desegregate stateowned, -operated, or managed facilities including public schools

All of the above

The Elementary and Secondary Education Act of 1965 provided federal ^___^ to school districts with large numbers of low-income students, provided that they were operating on a nondiscriminatory basis.

curriculum oversight

education funds

law enforcement

All of the above

The impact of the federal government’s efforts to end segregation increased the percentage of black school children attending school with whites in the South from ^___^.

5 percent in 1868 to 25 percent in 1875

6.3 percent in 1888 to 50 percent in 1954

15.5 percent in 1957 to 85.3 percent in 1964

1.2 percent in 1964 to 91.3 percent in 1972

Which of these practices did the Voting Rights Act of 1965 prohibit?

literacy tests

poll taxes

white primaries

All of the above

As a result of the Voting Rights Act of 1965, ^___^ new black voters were registered to vote by 1970.

4 million

6 million

8 million

10 million

Affirmative action policies are designed to make up for the effects of past discrimination by giving preferences today to specified ^___^ groups.

linguistic, economic, and political

national, regional, and local

racial, ethnic, and sexual

tribal, religious, and class

The Supreme Court decision in the case of Regents of the University of California v. Bakke dealt with the issue of ^___^.

direct discrimination

endemic segregation

reverse discrimination

inherent segregation

In the case of Ricci v. DeStefano (2009), the Supreme Court decided that ^___^.

where race is involved, race cannot be a factor in the decision, nor can it be the sole or driving factor

where race is involved, race can be a factor in the decision, and it can be the sole or driving factor

where race is involved, race cannot be a factor in the decision, but it can be the sole or driving factor

where race is involved, race can be a factor in the decision, but it cannot be the sole or driving factor

In Grutter v. Bollinger, the Supreme Court allowed affirmative action, college admission programs ^___^.

to take race into account if it is the only factor

to take race into account but only as one factor among many

to take gender into account if it is the only factor

to take gender into account but only as one factor among many

Black Lives Matter, another social movement, demanded ^___^.

an end to affirmative action

compliance with affirmative action

radical change well beyond affirmative action

None of the above

Black Lives Matter, another social movement, demanded ^___^.

reparations for black people today for income and wealth stolen from ancestors during slavery and Jim Crow

systematic investment in black people and neighborhoods

an end to the disproportionate incarceration of young black men

All of the above

The application of “separate spheres” in law and court decisions applied to social expectations between ^___^.

men and women

blacks and whites

Both of the above

None of the above

The Seneca Falls Convention of 1848 brought together advocates for ^___^.

civil rights in Jim Crow South

women’s rights in the United States

gay rights in New York City

Native American rights in the western territories

The “Declaration of Sentiments” was written in the name of equality for American ^___^.

colonists

women

blacks

All of the above

President John F. Kennedy’s Commission on the Status of Women provided ^___^ of social and economic discrimination against women in its 1963 annual report.

no evidence

very little evidence

detailed evidence

None of the above, since no such report was written

The Equal Rights Amendment (ERA) to the U.S. Constitution was ratified in ^___^.

1920

1972

1982

None of the above, since the Equal Rights Amendment was never ratified

The Supreme Court decision in the case of Roe v. Wade (1973) struck down state restrictions with regard to ^___^.

personal gun control

early term abortion

environmental pollution

employment discrimination

Current attempts by conservative women and their allies to roll back abortion rights have pressured states to legislate limitations on a woman’s right to choose, including ^___^.

counseling mandates and waiting periods

spousal and parental notification requirements

doctor reporting requirements

All of the above

Between 1995 and 2000 ^___^ states adopted partial birth abortion bans.

None of the above

In the case of Gonzales v. Carhart (2007), the Supreme Court ^___^.

upheld the Partial Birth Abortion Act signed into law by President Bush

struck down the partial birth abortion bans adopted by thirtyone states

struck down the Partial Birth Abortion Act based on the Roe v. Wade abortion precedent

struck down the Partial Birth Abortion Act blocked by President Clinton

In 2016, the Supreme Court upheld Texas abortion restrictions that required ^___^.

doctors providing abortions have admitting privileges in nearby hospitals

hospital-like standards for abortion clinics

Both of the above

None of the above, since the Supreme Court struck down these restrictions

Title IX of the Education Act of 1972 forbade discrimination based on ^___^.

race

gender

religion

All of the above

In 2015, women in the United States made ^___^ percent of what men made, employed full-time, year round.

100

The harassment scandals of 2017 accused powerful men in ^___^ of inappropriate sexual behavior.

Hollywood

business

politics

All of the above

a, d

9th

11th

10th

14th

Multiple-Select Multiple Choice Which two of the following amendments allowed for the Supreme Court to strike down sodomy laws in Lawrence v. Texas (2003)?

Which two of the following movements may be characterized as social movements on the right?

a, c

the Tea Party movement

the Bernie Sanders campaign

the Trump campaign promise to drain the swamp

Occupy Wall Street

Which of the following two movements may be characterized as social movements on the left?

b, d

the Tea Party movement

the Bernie Sanders campaign

the Trump campaign promise to drain the swamp

Occupy Wall Street

The commitment of the Founders to freedom and independence led ^___^ and ^___^ to assist in founding abolitionist societies.

a, c

Alexander Hamilton

George Washington

Benjamin Franklin

Thomas Jefferson

Writing for the court in the Dred Scott case, Chief Justice Roger B. Taney declared that ^___^ and ^___^.

a, d

no black, slave or free, was a citizen either of a state or of the United States

slaves and freemen could be confined to separate spheres as long as they were treated equally

the segregation of slaves and freemen in the South was unconstitutional

a slave was not free as a result of being carried into a free territory

The decision in the case of United Steelworkers of America v. Weber (1979) dealt with ^___^ with regard to workers at ^___^.

b, d

reverse discrimination claims

affirmative action quotas

Goodyear

Kaiser

In 2014 demonstrators protesting the killing of an unarmed black man by police in Ferguson, Missouri, were met with ^___^ that ^___^.

a, d

a militarized police presence and curfew

a relatively small and restrained police presence

resulted in few arrests and nonviolent responses

precisely represented the official force and violence that threatened black lives

The Seneca Falls Convention of 1848 produced an alliance between ^___^ and ^___^.

a, c

Elizabeth Cady Stanton

Lucy Stone

Susan B. Anthony

Frances Willard

In 2017, the sexual harassment scandals that erupted exposed the deeper social injustices beneath the ^___^ and the struggle over ^___^ rights.

b, d

paucity of women in politics

female wage gap

political

reproductive

True-False Civil liberties promise that government power will be used to ensure that individuals are treated equally.

FALSE

The Roe v. Wade (1973) decision relied on the 14th Amendment.

TRUE

Although they would eventually succeed at gaining women’s suffrage, Susan B. Anthony and Elizabeth Cady Stanton failed in their effort to assure that married women could own property and control their own wages.

FALSE

“Dred Scott” is the generic name for all of the laws and practices that enforced segregation of the races in the American South and elsewhere from the end of the nineteenth century to the middle of the twentieth century.

FALSE

In contrast to interest groups, social movements tend to operate within the conventions of society.

FALSE

Some social movements engage in protest behavior that becomes violent.

TRUE

Prior to the Civil War there was a clear difference between civil liberties and civil rights, at least as far as white men were concerned.

FALSE

In recent years, the Supreme Court has taken a dim view of affirmative action regulations, including the use of racial quotas for university admission purposes. So, observers were surprised when the court upheld the University of Texas’s use of race as a factor in its undergraduate admissions process in the case of Fisher v. Texas (2016).

TRUE

Unlike abortion and school prayer, the Supreme Court’s decision in the case of Obergefell v. Hodges has ended the fight over gay marriage.

FALSE

The Ninth Amendment neither enhances nor limits other provisions of the Constitution.

TRUE

The Ninth Amendment declares that citizens do not have rights not explicitly enumerated in the U.S. Constitution.

FALSE

Social movements are the people rising up, sweeping past and perhaps over their elected representatives, to demand change in the structure and policy results of government.

TRUE

While the demand for marriage equality may be relatively new, the demand for gay rights is not.

TRUE

The abolitionist movement of the mid-nineteenth century, which sought to abolish slavery in the United States, was part of a wave of social reform that also promoted temperance, peace, and women’s rights.

TRUE

By 1810 the invention of the cotton gin increased cotton production and thus decreased the value of slaves and of their labor.

FALSE

By 1835 reaction throughout the South, in Congress, and even in the North, was powerfully against the abolition movement.

TRUE

Martin Luther King Jr.’s “I Have a Dream” speech delivered from the steps of the Lincoln Memorial influenced the Kennedy administration’s decision to enhance earlier civil rights legislation.

TRUE

In 2003, many corporations argued in court that college admission programs that gave extra preference points to “underrepresented minorities” were not critical to create a diverse workforce.

FALSE

By 2007, in two cases before the Supreme Court, the court reversed more than 50 years of desegregation policy in regard to public schools.

TRUE

Under coverture, single women over 21, widows, and divorced women had more autonomy than married women.

TRUE

In the latter part of the nineteenth century, the federal courts were consistent in upholding state and federal laws that barred women from the practice of law.

TRUE

In the 1960s abortion law was the preserve of the states, so initially both NOW and NARAL focused their efforts at the state level.

TRUE

Passage of the ERA by Congress and announcement of Roe v. Wade by the Supreme Court, both in 1973, marked the low point of the twentieth century tide in favor of women’s rights.

FALSE

In 2016, the Supreme Court struck down abortion restrictions in Texas as an “undue burden” on women’s right to choose abortion.

TRUE

Social movements rarely achieve their goals quickly or completely.

TRUE

The broad phrases of the Constitution are enough to assure that all Americans are treated equally.

FALSE

Open Discuss why the Civil War and its aftermath raised new issues of diversity, equality, and civil rights in America. Discuss why the American federal structure meant that battles for equal rights had to be fought state by state after the Civil War. Discuss some of the salient social movements present in contemporary politics in the United States. Discuss why most social movements rarely succeed in gaining political power, or, if successful in gaining power, why they usually fail to achieve their objectives. Discuss the impact that the Dred Scott decision and the election of Abraham Lincoln had on the abolition movement. Discuss the reasons why the early twentieth century was a bleak time for civil rights in America. Discuss the issue of fairness with regard to “direct discrimination” and “reverse discrimination.” Discuss the importance of the Seneca Falls Convention of 1848 for the civil rights of women. Discuss the political and organizational efforts expended in the women’s social movement that succeeded in pressuring President Woodrow Wilson to urge the Senate to approve the Nineteenth Amendment. Discuss why the passage of the ERA by Congress and announcement of Roe v. Wade by the Supreme Court, both in 1973, marked the high point of the twentieth century tide in favor of women’s rights. Discuss why the successful mobilization of most social movements breeds counter-mobilization. Discuss why there is still a “glass ceiling” that blocks most women from rising to the level of the executive suite.

Chapter 5 – Shaping Americans: Political Socialization, Public Opinion, and the Media – Test Bank for Brief ed. Single-Select Multiple Choice Question

Answer

Variations in socialization can be caused by differences in ^___^.

class

race

individual experience

All of the above

Amongst racial and ethnic groups, who reports being discriminated against the most?

Hispanics

Whites

Blacks

Other

What is the relative level of political knowledge and political interest among the poor?

It is relatively high It is about equal to in comparison to higher class groups. higher class groups.

It is relatively lower than higher class groups.

None of the above

What is the main effect of the media on the political socialization of Americans?

The media tend to push the polity to the political left.

The media tend to push the polity to the political right.

The media tend to promote the fundamental legitimacy of democratic capitalism.

The media tend to promote democracy and demote capitalism.

What three characteristics do Lipset and Huntington both highlight in their accounts of the American Creed?

Liberty, fraternity, and equality

Liberty, equality, and individualism

Democracy, rule of law, and laissez-faire

Liberalism, populism, and conservatism

The unifying patterns of thought and behavior that are widely held in society dealing with the relationship between people and their government are referred to as ^___^.

Political socialization

Political culture

Political behavior

Political society

Which of the following is an agent of socialization?

Parents

School

Work

All of the above

What is political socialization?

Patterns of political thought and behavior that are widely held in a society

The tendency in recent decades for American political culture to become more accepting of socialist ideas, such as the importance of achieving equal wealth

The process by which American government has become more and more involved in nearly all aspects of American life

The process by which the central tenets of the political culture are transmitted from those immersed in it to those, such as children and immigrants, who are not

What is public opinion?

The distribution of citizen opinion on economic issues

The distribution of citizen opinion on political issues

The distribution of citizen opinion on matters of public concern or interest

The sum attitudes found exclusively in polls

What is political socialization’s relationship to political culture?

There is no such relationship.

Political socialization is the process by which political culture is transmitted from those immersed in it to those not.

Political socialization is the process by which children and immigrants “place their mark” upon the political culture.

Political culture is the process by which political socialization is transmitted from those immersed in it to those not.

What are central components of the “American Creed?”

Illiberalism, corporatism, and traditionalism

Capitalism, socialism, and culturalism

Liberty, equality, and opportunity

Life, death, and taxes

Which of the following was a transformative event that had a socialization effect on the politics of the generation that lived through it?

September 11

The Great Depression

The Civil War

All of the above

What is the most important and influential agent of political socialization?

Work

School

Family

Peers

Which of the following is a sensible rule of thumb to use when deciding whether or not to trust a poll?

Good polls come from those actors actively involved in the issue or event about which respondents are being polled.

Good polls come from those organizations that have reputational incentives to be accurate.

There are no good polls; avoid relying on any of them.

Good polls are the ones that tell you what you want to hear.

What is political ideology?

An organized and coherent set of ideas that forms a perspective on the political world and how it works

The same thing as a religion

The same thing as a philosophy

An organized and coherent set of ideas that forms a perspective on the politics of culture and how they work

In what way, if at all, do populists and liberals agree? How do they disagree?

Populists share the social values of liberals but disagree with them on economic issues.

Populism as an ideology is just another word for liberalism.

Populists share the economic values of liberals but not their social values.

Populism is just another term for conservatism so it has no relation to liberalism.

Which one of the following is a statement of the classic paradox in American public opinion?

Most Americans want higher taxes and they want government to spend less.

Most Americans want lower taxes and they want government to spend more.

Most Americans want higher taxes and they want government to spend more.

Most Americans want lower taxes and they want government to spend less.

A recent survey of American voter ideological preferences found that ^___^.

more voters identified as liberal than conservative

more voters identified as moderate than liberal

more voters identified as conservative than liberal

more voters identified as moderate than conservative

Which one of these was the first major technological development in the rise of the electronic media?

The internet

Radio

Palm pilots

Talk radio is dominated by which ideological persuasion?

Populists

Libertarians

Liberals

Conservatives

Generally speaking, has American newspaper readership been increasing or decreasing in recent years?

Increasing

Decreasing

It has stayed about the same.

We do not know.

What is meant by an “educational effect” of the media?

The media educates the public about issues in politics.

The media educates only children about issues in politics.

The media educates only foreigners about American political issues.

The media provides no useful tool for education whatsoever.

Which of these statements most accurately defines episodic framing?

Presenting an issue in a manner that emphasizes individual events in isolation instead of how they relate and connect to other issues and broader forces

The manner in which media coverage on an issue can affect the public’s interest in that issue

The attempt by the media to blame powerful groups or individuals for the problems faced by the poor or vulnerable

None of the above

The new media, such as the Internet and the web, are powerfully ^___^.

authoritarian

closed-minded

selective

democratic

In the Unites States today, the Supreme Court has ruled that the death penalty is ^___^ throughout the country.

legal

under a moratorium

prohibited

None of the above, since the Supreme Court has never ruled on the legality of the death penalty

Which one of the following pairs of countries does not apply the death penalty in criminal cases?

United States and Japan

China and North Korea

France and Germany

Iran and Afghanistan

In the case of Furman v. Georgia (1972), the Supreme Court struck down ^___^.

state antipornography laws

congressional legislations that banned flag burning

the death penalty

state support of religious institutions

In the case of Furman v. Georgia (1972), the Supreme Court struck down the death penalty due to its being ^___^.

unfair, arbitrary and capricious

racially discriminatory

Both of the above

None of the above

In which case did the U.S. Supreme Court reinstate the death penalty?

Miller v. California

Furman v. Georgia

Gregg v. Georgia

Lemon v. Kurtzman

Which of the following new technologies allow like-minded people to find each other and share enthusiasms, ideas, and plans?

YouTube

Facebook

President Trump’s Twitter feed

All of the above

Everyone agrees that the first and most important agent of political socialization is the ^___^.

family

school

work

None of the above

Studies show that about ^___^ percent of married couples share the same party affiliation or are both independents.

Although parents rarely sit young children down and tell them which political party is preferable, children learn just as effectively by ^___^.

overhearing their parents

observing their parents’ actions and reactions

sensing their parents’ party affiliation

All of the above

If both parents share the same party affiliation, Democrat or Republican, ^___^ percent of young people adopt the family partisanship.

60 to 65

65 to 70

70 to 75

75 to 80

Young people from those uncommon households where the mother and the father have different political affiliations will usually choose the party affiliation of the ^___^.

father

mother

best friend at school

None of the above

Social science research shows that children begin to learn about politics in their elementary school years, such that ^___^.

second graders can name the president

by eighth grade, they know that Congress can differ with the president and that this is how the system is supposed to work

Both of the above

None of the above

Which of the following statements is not true regarding the relationship between employment and politics?

Unemployment takes away the status, time, opportunity, and confidence that political participation requires.

Higher income people are more aware of politics, issues, and candidates than are lower income people.

Employment, quite apart from the nature of the job, has no effect on a person’s political outlook.

Having a job is one’s ticket to participate in a whole range of social and political processes.

What percentage of Americans over the age of 16 receive a dailynewspaper?

about 20 percent

about 40 percent

about 60 percent

about 80 percent

Donald Trump’s use of Twitter as a political communication and messaging device has demonstrated its ^___^.

openness

immediacy

spontaneity

All of the above

Donald Trump’s use of Twitter as a political tool has demonstrated how easily it can be misunderstood and misused as a result of its ^___^.

openness

immediacy

spontaneity

All of the above

Which one of the following statements is not true regarding journalists, newspapers, and American voters?

Newspapers have traditionally endorsed candidates for office and have usually favored Republicans.

American citizens identify themselves as liberals in higher proportions than do journalists in general.

Editors, publishers, and owners of the media tend to be more conservative than Americans in general.

Journalists tend to vote for Democratic candidates for president in much higher proportions than do Americans in general.

Major news organizations are or are part of large, bureaucratic, forprofit corporations that secure financial support by ^___^.

submitting grant proposals to government agencies

applying for grants from non-profit organizations

selling space or time to advertisers

conducting marathons to raise voluntary contributions from viewers

The charge of “fake news” ^___^.

has overtaken traditional arguments about media bias

can take several forms

includes false stories circulated to discredit individuals or even for monetary gain

All of the above

To serve as a bulwark against the universe of “alternative facts” on the Internet and even in the White House press room, legitimate news sources have reaffirmed long-time standards of journalistic best practice by ^___^.

including vigilant fact-checking

separating news from opinion pieces

enhancing news reporting transparency

All of the above

During their free time, most people turn their attention to ^___^ but not to politics.

leisure

sports

entertainment

All of the above

Most Americans get their news from ^___^.

Internet

newspapers

radio

The “persuasion effect” of the media refers to ^___^.

what the public learns from what it sees discussed

the extent to which the amount of coverage of an issue affects the public’s attention to and interest in that issue

the way an issue is framed or presented to suggest where the praise or blame should be laid

the way an issue is presented that changes the substance of what people think about the issue

Which of these statements most accurately defines thematic framing?

Thematic framing dictates the manner in which media coverage of an issue can affect the public’s interest in that issue.

Thematic framing places political issues and events in some general context that places responsibility on society and government.

Thematic framing presents an issue in a manner that emphasizes individual events in isolation instead of how they relate and connect to other issues and broader forces.

None of the above

The ^___^ have generally been more effective in framing the national political debate on salient political issues.

Republicans

Democrats

Both of the above

None of the above

Probability sampling is based on a statistical model in which every person in the target population has ^___^ chance of being selected for the sample to be polled.

an unequal or unknown

both an equal and known

an equal or known

both an unequal and unknown

A 3 percent sampling error indicates that in a sample of 1,000 the results could be off as much as 3 percent ^___^.

positive

negative

either way

None of the above

A well-constructed national sample of just ^___^ persons produces poll results that have a sampling error of +/– 3 percent with a confidence interval of 95 percent.

100

500

1000

1500

Which one of the following statements is not true regarding what reputable polls tell us about how citizens differ with regard to participation in politics?

The more integrated a person is into the community and society, the more likely he or she is to be politically active.

Wealthy professionals tend to be engaged in lots of ways, and not just voting.

Those for whom life is more difficult tend to be more active politically.

Well educated citizens tend to be engaged in politics more than those who are less educated.

Which one of the following statements is not true regarding what social science studies tell us about how citizens differ with regard to attitudes toward politics?

Schools serving children of the working class and poor are less involved in preparing future leaders.

Early differences in knowledge and confidence does not translate into differences in political participation that last a lifetime.

Poor adults were only about half as likely as the wealthy to say that they paid attention to public affairs most of the time.

The poor believe, rightly in many cases, that society and government do not move to their commands.

The “linked-fate” hypothesis refers to assertion that ^___^.

Hispanic Americans oppose businesses that hire undocumented immigrants at minimum wage because it reduces their own wages

whites support increase in defense and corporate subsidies more than blacks because a reduction in spending will impact white salaries negatively

blacks stand uniformly against racial discrimination because each individual knows that if it occurs he or she will be impacted by it

women currently in the workforce reject comparable worth legislation because it will undermine achievements in reaching near parity between men and women

Which one of the following statements is not true with regard to ethnic voting behavior?

Asians vote about 2 to 1 Republican.

Vietnamese tend to lean Republican.

Hispanics vote about 2 to 1 Democrat.

Chinese, Filipino, Indians, Japanese, and Koreans tend to lean Democratic.

Women have consistently been more supportive than men with regard to ^___^.

gun control

spending on education and health care

stern punishments for drunk driving

All of the above

Sometimes, when the public loses confidence in the political elites the door is open to ^___^ to run an “us against them” campaign on behalf of the people against the interests.

a religious figure, like Pat Robertson

an establishment figure, like Mitt Romney

an insurgent, like Donald Trump

None of the above

Which of the following statements is not true regarding a social science survey on the gap between the general principles that citizens claim to hold and specific choices they make in their communities?

Ninety-five to 98 percent supported majority rule, minority rights, and free speech.

Only 44 percent of respondents were prepared to let a communist speak in their community.

Only 63 percent were prepared to let someone with antireligious views speak.

None of the above

Which one of the following statements is true with regard to the puzzling relationship between general principles and specific cases?

Findings confirm narrow respect for the nation’s general principles, and deep uncertainty about how they should apply in specific cases.

Findings confirm broad respect for the nation’s general principles, but deep uncertainty about how they should apply in specific cases.

Findings confirm narrow respect for the nation’s general principles, but reasonable certainty about how they should apply in specific cases.

Findings confirm broad respect for the nation’s general principles, and reasonable certainty about how they should apply in specific cases.

The Gallup organization has been asking Americans whether they would be willing to vote for a woman for president since 1937. The percentage saying yes has risen from 33 percent to ^___^ percent by 2015.

Which of the following statements reflects American ambivalence with regard to abortion?

About 55 percent of Americans believe that human life begins at conception, but only about 20 percent of Americans believe that abortion should be illegal in all cases.

About 30 percent of Americans think abortion should always be legal, 50 percent think it should sometimes be legal, and about 20 percent say it should always be illegal.

Almost 85 percent of Americans want abortion to be available when a woman’s life is in danger, and yet 88 percent of Americans want doctors to inform women of alternatives to abortion.

All of the above

In late-2001, 54 percent of Americans agreed that they can trust the government in Washington to do what is right. Since then, this trust has ^___^.

subsided

stayed the same

increased

fluctuated

Recent social survey data suggests that ^___^.

a majority of Americans are “symbolically” conservative and “operationally” conservative

a majority of Americans are “symbolically” liberal but “operationally” conservative

a majority of Americans are “symbolically” conservative but “operationally” liberal

a majority of Americans are “symbolically” liberal and “operationally” liberal

Populists usually want government to ^___^.

be active in supporting individual opportunity and advancement

provide access to education and health care

provide job training and unemployment compensation

All of the above

Multiple-Select Multiple Choice 77

Political socialization is a ^___^ process because, it reproduces in new citizens the ^___^ political ideas of the culture.

a, b

dominant

conservative

liberal

progressive

Students begin their college careers somewhat more ^___^ than the adult population because higher education ^___^ their incoming stereotypes and prejudices.

b, d

conservative

liberal

reinforces

challenges

Younger Americans, at least those who are consuming news, are twice as likely to do so ^___^ as they are ^___^.

a, b

online

on television

on the radio

from newspapers

The three major commercial networks ^___^ while the new media, with the partial exception of cable news, ^___^.

a, c

do little original reporting

have found little use for cable holdings

focus their attention have embraced on the major events of commercial networks the day

The two general ways in which television news reports frame an issue are ^___^ and ^___^.

b, c

periodic

episodic

thematic

symptomatic

The agents of socialization work within a general American political culture that revolves around ^___^ and ^___^.

a, d

capitalism

liberty

justice

democracy

A “turnout model” is an educated guess about the ^___^ who will actually ^___^.

d, b

percentage of supporters of a candidate

turnout to vote

contribute to the candidate’s campaign fundraising

racial, ethnic, and other characteristics of those

Which two of the following statements is true regarding what recent social science studies tell us about how blacks and whites differ with regard to certain political attitudes?

b, d

Seventy percent of blacks said they could imagine a situation in which they could approve police striking an adult male but only 42 percent of whites agreed.

Eighty-one percent of blacks felt that society had not dealt fairly with their racial group but only 15 percent of whites agreed.

Twenty-eight percent of blacks felt that there still was a fair amount of discrimination against blacks but only 55 percent of whites agreed.

Seventy-six percent of blacks thought that government should spend more to improve conditions among blacks but only 27 percent of whites agreed.

Hispanic public opinion is often said to reflect attitudes in-between those of blacks and whites with regard to ^___^ and ^___^.

a, d

bigger government

defense spending

gun control

abortion

Which two of the following statements are true between men and women with regard to the 9/11 attacks and military spending?

a, c

Just prior to the attacks, 41 percent of men, but only 24 percent of women, favored additional defense spending.

In the immediate wake of the attacks, support for increased defense spending among men increased to 53 percent, but among women it remained the same.

A year and a half after the attacks, as war with Iraq loomed in late February 2003, women were about 10 percent less willing than men to consider the potential costs in troops and treasure acceptable.

Ten years later, as most troops were being withdrawn from Iraq while the Afghan War ground on, men and women were nearly equal in their support of the war, 28 percent to 26 percent.

In the United States, the ideological spectrum is bound by a political culture that highlights ^___^ and ^___^.

b, c

liberty

democracy

capitalism

justice

In 2012, 33 percent of Americans identified themselves as ^___^ and 21 percent identified themselves as ^___^.

d, b

populist

liberal

moderate

conservative

A populist generally favors ^___^, while a conservative generally favors ^___^.

c, a

small government and the use of market incentives instead of government programs

government involvement in economic activity to assure equal opportunity

government involvement in the economy to assure growth and opportunity

large government but with the use of market incentives instead of government programs

A liberal generally favors ^___^, while a libertarian generally favors ^___^.

b, d

small government and the use of market incentives instead of government programs

government involvement in economic activity to assure equal opportunity

government involvement in the economy to assure growth and opportunity

minimal government in the economy but government spending for defense and public safety

Libertarians often agree with conservatives that ^___^, but with liberals that ^___^.

b, c

government should foster religion, morality, the family, and law

government should be small and inexpensive

women should be able to choose abortions and gays should be able to choose their marriage partners

government should be involved in the economy to assure growth and opportunity

True-False Political socialization stops when a person becomes an adult.

FALSE

Knowing a person's demographic background accurately predicts his or her political behavior.

FALSE

According to public opinion researchers, Americans have a detailed level of political knowledge.

FALSE

Generally, blacks and women take more conservative stances than whites and men.

FALSE

Although whites and blacks often disagree over civil rights issues, they tend to agree about foreign policy issues.

FALSE

American media outlets are owned by a few corporations. Money has always mattered in American politics but is it safe to say that it matters less today because of the democratization of the electoral process.

TRUE FALSE

The Council of Europe, established in the immediate wake of World War II, opposed by charter the death penalty.

TRUE

The Holocaust, state-sanctioned killing of millions of innocents during World War II, done by and to Europeans, created a revulsion that was directly felt in the United States as it was in Europe.

FALSE

In recent years, the Supreme Court has prohibited execution of the mentally challenged (IQ under 70) and the young (under 18).

TRUE

Colonial Americans were unable to draw on their European cultural and intellectual heritage to create communities that would then develop and evolve in their interaction with the vast and wealthy continent itself.

FALSE

High school and college-age young people generally adopt their parents’ partisan identification.

TRUE

The first and most important agent of political socialization is the family because parents sit young children down and tell them that they are Democrats and not Republicans, or vice versa.

FALSE

Schools, like homes, are settings in which American values are taught to the next generation.

TRUE

Since early political foundations are deeply set, socialization is unable to continue after early adulthood.

FALSE

Employment has a profound effect on a person’s political outlook.

TRUE

National Public Radio (NPR)’s programming is not explicitly ideological.

TRUE

Only when you get roughly the same story from a number of credible sources on a major issue can you be confident that you “understand” the issue.

TRUE

American citizens identify themselves as liberals in higher proportions than do journalists in general.

FALSE

American citizens tend to vote for Democratic candidates for president in much higher proportions than do journalists in general.

FALSE

Aggressive wealth, mostly left leaning and liberal, works through the media to dominate our electoral and democratic processes.

FALSE

The new media of talk radio, cable, and Internet are more overtly ideological than the traditional media.

TRUE

President Trump has co-opted the term “fake news” to brand any news with which he disagrees.

TRUE

For most people, politics and public affairs play an occasional and usually secondary role in their lives.

TRUE

The press is more successful in telling people what to think than what to think about.

FALSE

The more attention television news gives to a particular issue, whether that issue is crime, economic performance, or war, the higher that issue rises in the public’s ranking of important issues facing the nation.

TRUE

Episodic framing discourages the public from seeing the connections between issues and from attributing responsibility for the patterns to elected officials and political institutions.

TRUE

Television news is not heavily episodic.

FALSE

Modern polling, based on probability sampling, is a post-World War II invention.

TRUE

A push poll is not a real poll; instead, it is designed to influence voters by providing negative, often, false information.

TRUE

Political pros also know that poll results can be shaped and manipulated by the order in which questions are asked and by the way that they are phrased.

TRUE

As a general rule, citizens can trust polls from organizations that have reputational incentives to be accurate.

TRUE

As a general rule, citizens can trust polls from groups that pop up in the middle of a campaign or that have an issue to support.

FALSE

In the 2016 presidential election, Hillary Clinton’s support among black, Hispanic, and white voters was slightly higher than Barack Obama’s supporters in 2012.

FALSE

Hispanics, after Asian-Americans, are the fastest growing racial and ethnic minority in the nation.

FALSE

Most Americans “know” very little about politics, public policy, and political leaders.

TRUE

There is often a wide gap between the general principles that citizens claim to hold and specific choices they make in their communities.

TRUE

Some Americans know more about politics than others do, and this small subset of citizens shapes the politics of the country.

TRUE

Recent social science data clearly show that liberals have outnumbered conservatives for decades.

FALSE

Open Why is understanding political socialization important for learning about public opinion? Discuss which agents of socialization are most influential and why. Compare and contrast the influence of families and workplaces on political attitudes and behavior. What would most Americans think about the government doing more to create gender equality? If you're a pollster in the first month of an election season, what kind of poll would you want to use, and why? As completely yet succinctly as possible discuss political socialization. Discuss your personal ideology or lack thereof, being sure to include evidence for the basis of your argument from the text. Discuss the American Creed as the American political culture. What is a poll and how is it used in American public opinion? How might the change in media outlet ownership in the second half of the twentieth century and first decades of the twenty-first century impact American's access to information? Compare and contrast public and private media control. Compare and contrast agenda-setting and framing effects. How might the different styles of covering the president and Congress impact voter perception of these two institutions? Using supporting material from the text, is the new media (i.e., the Internet, talk radio, cable/satellite news) superior to the old media (i.e., newspapers, radio, broadcast television news) as a means for disseminating unbiased information regarding politics? Why or why not? How does the media cover electoral politics? Using supporting material from the text, what is the public responsibility of the media in American politics? Using the text to support your answer, what role should the government have in regulating the media? 83

Discuss some of the effects the media has on popular opinion about American politics. What are the arguments revolving around bias in the media? Discuss the ethical challenges to society that accompany the proliferation of mobile devices and interactive social media. According to Ambassador Bianca Jagger, “The death penalty is the ultimate denial of human rights, a pre-meditated and cold-blooded killing of a human being by the state.” Do you agree? Why or why not? Discuss why the South far exceeds any other region in the country with regard to death penalty executions. Discuss why the politically connected, whether in government or out, go on television news and opinion shows. Discuss to what political scientist Fred Greenstein was referring when he described political socialization as the study of “(1) who (2) learns what (3) from whom (4) under what circumstances (5) with what effects.” Discuss the factors that explain how it happens that the vast majority of Americans come to believe that market competition is the best way to organize an economy. Discuss the similarities and differences of the impacts of old technology and new technology on socialization. Discuss why schools, even elementary schools, offer a broader horizon on the depth and breadth of politics than the family. Discuss why the media are among the most powerful shapers of the American political culture and public opinion. Can we depend upon the media to provide the news and information we need to be responsible democratic citizens? Why or why not? Discuss whether or not a person can be well and thoroughly informed based on information gleaned from the Internet and talk radio. Discuss whether or not it is important for the public to see the president’s initial thoughts and emotions via Twitter. Is it more important for the public to see the president’s initial thoughts and emotions on important matters via Twitter or to hear about the president’s final policies once the discussions have been held and the choices made? Why? The American media are frequently condemned both as unduly liberal and as hopelessly conservative. How can this be? Discuss the impact that President Trump’s use of the term “fake news” has had on legitimate news sources with regard to their standards of journalism. Do you believe that President Trump’s understanding of politics and policies raises doubts about the viability of the nation’s most basic political assumptions? Why or why not? Discuss the difference, significance, and value of conducting a survey based on a simple probability sample vs. a stratified probability sample.

Discuss the likely reasons why blacks are more supportive of government spending on health care, education, and job training than whites and less supportive of spending for defense and corporate subsidies. Discuss the causal reasons in the difference between “opinion leaders” and the “mass public” with regard to following and having a knowledgeable base about public affairs. How much specific information do you believe that citizens need to evaluate government and to decide whether they approve of its performance? Why? Some individuals have suggested that detailed knowledge about how political and other national institutions are doing is not required because citizens quite sensibly make broader judgments based on partisanship and ideology. Do you agree? Why or why not? Discuss why many citizens will aggressively reject scientific and other expert opinion about politics and policymakers. Discuss why at this time public opinion reflects a deep ambivalence on the part of the American people across a wide range of issues. What are the issues? Why the ambivalence? Should we be concerned that only about 10 percent of the American public plays an attentive and well-informed role? Why or why not?

Chapter 6 – Factions Today: Interest Groups and Political Parties – Test Bank for Brief ed. Single-Select Multiple Choice Question

Answer

The emotional and intellectual commitment to one party is called ^___^. National party organizations do which one of the following?

party loyalty

party identification

party discipline

Partisanship

Discipline elected officials who deviate from the party platform

Regulate voters at the polls

Provide services for their incumbent members

All of the above

What is a political party?

An organization designed to influence government

A larger version of a public interest group

An organization designed to elect government officeholders under different labels

An organization designed to elect government officeholders under a given label

What is party identification?

The intellectual commitment of a voter to his or her preferred party

Another name for the concept of “ideology”

The emotional commitment of a voter to his or her preferred party

Both a and c

What is presidential success as reported by the Congressional Quarterly?

CQ does not report presidential success

The proportion of votes in Congress, on legislative proposals on which the president took a clear position, which were in support of the president’s position

The proportion of executive orders upheld through congressional legislation

The proportion of vetoes sustained within the Congress

Do Americans exhibit high levels of partisanship?

Yes, but most are in fact weak or independent leaning partisans.

No, party identification is relatively low in America.

Yes, most Americans are strong partisans and behave accordingly.

No, low voter turnout keeps partisanship down in America.

In addition to the electoral system, what is another constraint placed on minority parties seeking to win elections in America?

state electoral rules and inequitable access to campaign funds

federal electoral rules and inequitable access to campaign funds

presidential debate restrictions and major party absorption of minor party issues

All of the above

What is the role of the congressional party that does not control the presidency?

to serve as the loyal opposition by offering dissent when in the congressional minority and alternative governance when in the congressional majority

to serve as the loyal opposition by offering alternative governance when in the congressional minority and dissent when in the congressional majority

to try to impose gridlock on the governmental system

to try to work with the president in a completely cohesive fashion by following his lead

Which of these statements most accurately describes the party identification of black Americans?

Since the Civil War, blacks have been strongly committed to the Democratic Party.

Although they used to be Whigs, blacks today tend to strongly support the Republican Party.

Although they were strongly committed to the Republican Party for about 100 years after the Civil War, they have been strongly committed to the Democratic Party at least since the 1960s.

Today, black Americans are not strongly committed to either party.

In 2012, Barack Obama won reelection to the presidency, while the Republicans ___.

added majority control of the Senate to their control of the House

added majority control of the House to their control of the Senate

lost majority control of the House although maintained control of the Senate

lost majority control of the Senate although maintained control of the House

Peak associations represent which one of the following?

lawyers

school teachers

the business community

laborers

Lobbyists pursuing an inside strategy often focus their attention on ^___^.

the press

their association members

calling donors

congressional committees

Outside strategies often focus on ^___^.

media advertising

private meetings with congresspersons

congressional committees

forming relationships with congressional staff

What are interest groups?

organizations based on conflicting interests that attempt to influence society and government

organizations based on shared interests that attempt to influence society and government

the same thing as social movements

organizations based on shared interests that attempt to control society and government

Which view of interest groups has a relatively positive interpretation of interest groups’ role within society?

pluralism

elitism

neither

Which interests do peak associations principally represent?

labor

agricultural

cultural

business

Which of these is a set of resources upon which interest groups draw?

size, intensity, and expertise of membership

financial, organization, and leadership qualities

strategic alliances, expertise of members, and quality of organization

All of the above

Which of the following is a strategy interest groups pursue when inside lobbying does not work?

outside lobbying

litigation

both of the above

None of the above

Which perspective on the role of interest groups in American democracy holds that the wealthiest Americans play a dominant role in the political system?

pluralism

elitism

both of the above

None of the above

Common Cause is an example of what kind of interest group?

business and occupational

public interest

social equity

None of the above

How does Ronald Hrebenar define a public interest group?

A group that represents the interests of government, including employees who work in the public sector

An interest group that operates openly and transparently

A group that pursues goods that cannot be made available to some without generally being made available to all

None of the above

What does it mean to say an interest group pursues an “inside strategy”?

It seeks to influence public officials by bribing them.

It seeks to capture a political party and transform it from the inside.

It seeks to directly contact public officials (or their staff) in order to shape their view of issues.

All of the above

What does it mean to say an interest group pursues an “outside strategy”?

It seeks to influence public officials through open, transparent, and ethical methods.

It seeks to change the behavior of one or more political parties from the outside, mostly by helping to finance campaigns.

It seeks to inform and shape public opinion as an indirect way of influencing policymakers.

All of the above

What type of campaign fundraising did McCain-Feingold limit?

Hard money

Soft money

In-between money

What type of interest group is the AFL-CIO?

Labor Union

Trade Association

Peak Association

None of the above; since it extended new categories of unregulated campaign money None of the above

Define pluralism.

The same as elitism

The belief that the interest group structure of American politics produces a reasonable policy balance

The belief that the interest group structure of American politics is skewed toward the interest of the wealthy

The belief that the social movement structure of American politics is skewed toward the interest of the wealthy

What is the name for the interest group strategy that involves bringing a case to court for the purpose of demanding a beneficial policy change or avoiding an adverse change?

Litigating

Lobbying

Lawyering

Libeling

Among interest groups, who dominates most of the time: insiders or outsiders?

insiders

outsiders

Do all interest groups form and operate on an equal basis in the American system?

Yes. If any group in society finds its interests adversely effected by social change or economic development, then it can easily organize to protect and advance its interests.

No. Some groups (e.g. businesses, corporations, and professionals) are better able to organize and fight for their interests than others (e.g., the poor, the disabled, children, and the mentally challenged).

What did Charles Lindblom mean by the phrase “the privileged position of business”?

Businesspersons often serve in prominent positions in government.

Government policy is carefully designed to stimulate business and employment.

Throughout American history, government and business have worked closely together to foster economic growth and increase profits.

All of the above

Which of the following is not a previous occupation of many lobbyists?

Military

Congress member

Bureaucrat

All of the above are common previous occupations of lobbyists

As a peak association, the national Chamber of Commerce lobbies members of Congress because of its belief that ^___^.

government programs and regulations threaten many business interests

government programs and regulations threaten many environmental interests

government programs and regulations threaten many ethnic interests

government programs and regulations threaten many gender interests

neither

To have full effect to influence the direction of public policymaking, an interest group must meet at least which of the following conditions?

broad coverage of the population of those affected by its interests

cohesion among the group's members regarding policy recommendations

significant financial resources forthcoming from the group membership

All of the above

The occupations of the Occupy Wall Street movement were defended based on the First Amendment ^___^.

prohibition that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

prohibition that “Congress shall make no law . . . abridging the freedom of speech, or of the press.”

“right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

All of the above

The Occupy Wall Street movement was characterized by ^___^.

absence of a leadership structure

decision making by direct democracy

a diffuse set of complaints

All of the above

Which one of the following responses is true regarding political protestors and city governments and the police?

Protestors argue that the right to assemble and petition should be more limited and city governments and the police tend to agree.

Protestors argue that the right to assemble and petition should be viewed broadly, but city governments and the police tend to prefer that the right be more limited.

Protestors argue that the right to assemble and petition should be more limited, but city governments and the police tend to prefer that the right be viewed more broadly.

Protestors argue that the right to assemble and petition should be viewed broadly and city governments and the police tend to agree.

In the case of Dejonge v. Oregon (1937), the Supreme Court established the modern meaning of the right to ^___^.

religious worship

defense counsel

bear arms

peaceably assemble

In the case of National Socialist Party v. Skokie (1977), the Supreme Court held that ^___^.

hate speech is free speech and thus must be permitted

hate speech is not free speech and thus may be restricted

free speech is hate speech and thus must be permitted

free speech is not hate speech and thus may be restricted

In the presidential election of 2016, the ^___^ rose up and demanded that the political system be changed to better represent them and reflect their views, interests, and needs.

insiders

outsiders

Both of the above

None of the above

In the presidential election of 2016, Donald Trump was elected by the ^___^.

insiders

outsiders

Both of the above

None of the above

Outsiders are the citizens ^___^.

who may or may not vote

who may or may not belong to interest groups or political parties

whose views are seen as unorthodox or radical

All of the above

To explain contemporary interest group politics, the theory of elitism contends that well-funded interest groups are much more likely to form, win access, and exercise influence on behalf of the interests of ^___^.

the wealthy and the prominent

the poor and the humble

the Southerners and the Westerners

the Northerners and the Easterners

The rallying cry of populism has always been ^___^.

“the people” against “the elites”

“the elites” with “the people”

“the elites” against “the people”

“the people” with “the elites”

In the presidential election of 2016, Donald Trump’s call to “drain the swamp” was most closely associated with which explanatory theory of politics?

pluralism

elitism

populism

None of the above

Which one of the following types of interest groups deals with a benefit that is not non-excludable?

clean government groups

health insurance groups

education reform groups

consumer safety groups

When an interest group succeeds in influencing the implementation of a public policy from which we all benefit whether or not we contributed to the group’s efforts, the benefit it is understood as ^___^.

non-deductible

excludable

non-excludable

deductible

When an interest group succeeds in influencing the implementation of a public policy from which we all benefit but without our contribution to the group’s efforts, we are understood as ^___^.

“interlopers”

“free-riders”

“deceivers”

“cheaters”

Which one of the following is not one of the three broad categories of reasons why individuals join interest groups?

purposive benefits

material benefits

scholarly benefits

solidary benefits

In the three broad categories of reasons why individuals join interest groups, the category of material benefits refers to the ^___^.

real and tangible benefits, like lower taxes, lighter regulation, higher wages, and group insurance rates that often come with or are at least hoped to result from group membership

substantive, partisan, and ideological goals, like fighting hunger, supporting Republicans, or battling socialists that might lead a person to join a group

simple joys and social rewards of meeting, getting to know, and working with likeminded people

None of the above

In the three broad categories of reasons why individuals join interest groups, the category of purposive benefits refers to the ^___^.

real and tangible benefits, like lower taxes, lighter regulation, higher wages, and group insurance rates that often come with or are at least hoped to result from group membership

substantive, partisan, and ideological goals, like fighting hunger, supporting Republicans, or battling socialists that might lead a person to join a group

simple joys and social rewards of meeting, getting to know, and working with likeminded people

None of the above

In the three broad categories of reasons why individuals join interest groups, the category of solidary benefits refers to the ^___^.

real and tangible benefits, like lower taxes, lighter regulation, higher wages, and group insurance rates that often come with or are at least hoped to result from group membership

substantive, partisan, and ideological goals, like fighting hunger, supporting Republicans, or battling socialists that might lead a person to join a group

simple joys and social rewards of meeting, getting to know, and working with likeminded people

None of the above

The modern labor movement began with the formation of the ^___^.

American American Federation of Labor Federation of Teachers

Congress of Industrial Organizations

National Education Association

Which one of the following statements is true regarding the growth or reduction in the size of labor unions in recent decades?

While private sector unions have expanded, public sector unions have slipped.

Both private sector unions and public sector unions have slipped.

While private sector unions have slipped, public sector unions have expanded.

Both private sector unions and public sector unions have expanded.

The Great Recession of 2009 provided an opening for^___^.

several Democratic governors to push legislation expanding public sector unions

several Republican governors to push legislation limiting public sector unions

several Democratic governors to push legislation limiting public sector unions

several Republican governors to push legislation expanding public sector unions

Goods that cannot be made available to some without generally being made available to all are characterized as ^___^.

non-tenable

non-comprehensive

non-excludable

non-eradicable

Which one of the following organizations is not a public interest group?

Common Cause

Occupy Wall Street

Congress Watch

Wilderness Society

Major elements of American society are not well represented either by economic groups or by consumer and public interest groups, including ^___^.

Hispanic Americans

African Americans

Native Americans

All of the above

Which of the following statements is true regarding most Americans?

Most Americans favor some form of gun control and some access to abortion services.

Most Americans favor some form of gun control but do not favor access to abortion services.

Most Americans do not favor gun control but do favor some access to abortion services.

Most Americans do not favor gun control nor access to abortion services.

In 2015, the Open Secrets website reported that interest groups spent a record $3.23 billion on lobbying. Which one of the following business sectors spent more than the rest of the groups?

finance, insurance, and real estate

energy and natural resources

pharmaceuticals and health products

housing and building construction

Organizations may be guided by charismatic leaders who lead by ^___^.

negotiated consensus

managerial administration

personality and will

None of the above, since organizations have found this style of leadership to be ineffective

Which of the following statements is true regarding the role of lobbyists in government?

Lobbyists provide information that supports their positions but they do not withhold or suppress information that seems to argue against their positions.

Lobbyists do not provide information that supports their positions and withhold or suppress information that seems to argue against their positions.

Lobbyists not provide information that supports their positions but they do not withhold or suppress information that seems to argue against their positions.

Lobbyists provide information that supports their positions and withhold or suppress information that seems to argue against their positions.

The “revolving door” practice refers to ^___^.

organizational improvement of communications that temporarily places managers in employee positions

individuals who move back and forth between important roles in government and lucrative lobbying jobs

leadership changes from charismatic to consensus building to charismatic depending on broader societal expectations

policy emphases that shift back and forth between Democratic and Republican administrations after presidential elections

Which of the following statements is true regarding lobbyists and those in government?

Over the last two decades, nearly half of the senators and House members who left Congress stayed in Washington to lobby.

Many former highranking elected officials, military officers, and bureaucrats act as lobbyists after they retire or leave office.

Both of the above

None of the above

Which one of the following situations raises questions of a potential conflict of interest for the Trump Administration?

Corey Lewandowski, Trump’s first campaign manager, was fired during the campaign and immediately established his own political consulting business.

Former Lt. Gen. Michael Flynn, the Trump campaign’s chief foreign policy adviser and the president’s first national security adviser, was fired for undisclosed foreign contacts and lobbying activities.

Members of president Trump’s family, Ivanka Trump and her husband Jared Kushner are serving in the White House while their siblings run the Trump family businesses.

All of the above

Protests, demonstrations, and sometimes even violence are weapons of last resort, usually employed only by the ^___^.

Democrats and liberals

Republicans and conservatives

poor and weak

rich and strong

Protests, demonstrations, and even violence in the streets ^___^.

will never get lawmakers’ attention under any circumstances

will often get lawmakers’ attention when a quiet meeting in their office will not

will always get lawmakers’ attention when a quiet meeting in their office will not

None of the above

Litigation is another name for ^___^.

law enforcement to protect polling places

bringing a legal case in a court of law

securing financial donations from litigants

law firms that endorse political candidates

In hard-fought campaigns to secure political power, the losing party ^___^.

acts as a watchdog to criticizes the governing party

exposes corruption and abuse of power

prepares for the next election

All of the above

The basic goals of American political parties include ^___^.

winning office

controlling public policy

keeping an eye on the opposition

All of the above

The “responsible party model” holds that political parties should be ^___^.

selective in identifying candidates for office who reflect the values of the voters

transparent with how they raise and spend campaign donations and contributions

diligent in securing background checks on all potential campaign staff members and candidates

clear about what they stand for so voters know what they will get if that party wins office

In the “big tent” view of contemporary political parties, the Democratic tent shelters mostly ^___^ people and interests.

radical to liberal

liberal to moderate

moderate to conservative

conservative to libertarian

In the “big tent” view of contemporary political parties, the Republican tent shelters mostly ^___^ people and interests.

radical to liberal

liberal to moderate

moderate to conservative

conservative to libertarian

In contemporary democratic politics, parties engage in which of the following activities?

Parties provide channels through which ordinary citizens can affect the course of government.

Parties, to protect their own rights of free expression, are natural guardians of civil liberties.

Parties offer a means for organizing dissent against the policies of an incumbent administration.

All of the above

In contemporary democratic politics, parties engage in which of the following activities?

Parties recruit and screen candidates for public office, from local election officials to president of the United States.

Parties “keep each other honest,” since each party has a political interest in exposing corruption, deception, and abuses of authority by its opposition.

Parties give political leaders reliable bases on which to build support for their programs in the legislature and among the general electorate.

All of the above.

The “social network” model of party politics focuses on a party’s ^___^.

sheltering and welcoming of a broad diversity of people and interests from throughout society to participate in the party

clarity in its campaign message and platform in an attempt to appeal to as many voters in American society as possible

interrelationships among party officials, candidates, officeholders, voters, interest groups, media, and social movements

None of the above

Which of the following models has nothing to do with perspectives on American parties?

The social network model

The statistical voter model

The big tent model

The responsible party model

100

The role of “party in the electorate” refers to the ^___^.

political party offices and officials who identify more or less directly and consistently with the voters

voters who identify more or less directly and consistently with a political party

officeholders who identify more or less directly and consistently with a political party’s voters

partisan-appointed officials who identify more or less directly and consistently with the voters

The role of “party organization” refers to the ^___^.

volunteers who freely serve on a part-time basis to interface with the public on efforts to “get out the vote” on election day

representatives of the party who serve on interest group boards to coordinate political campaign support on a day-to-day basis

officials appointed by the party and who have been confirmed by the Senate to staff the federal bureaucracy

permanent structure of party offices and officials who administer the party apparatus on a day-today basis

The role of “party in government” refers to the ^___^.

voters who identify more or less directly and consistently with a political party

permanent structure of party offices and officials who administer the party apparatus on a day-to-day basis

officeholders, both elected and partisanappointed officials, who ran under or have been associated with the party label

representatives of the party who serve on interest group boards to coordinate political campaign support on a day-to-day basis

In the political science literature, “party identification” refers to the emotional and intellectual commitment of ^___^ to their political party.

legislators

government bureaucrats

individual voters

governors

Today, more than 50% of voters identify themselves as ^___^.

Democrats

Republicans

Independents

None of the above

101

In 2016, the Republicans held the electorate at an all-time high of ^___^ percent.

Which one of the following statements is not true regarding Independent voters who tend to lean toward Democrats or Republicans?

Independent leaners tend to behave very much like the weak identifiers of the party toward which they lean.

Unlike pure independents, independent leaners turn out at lower rates than partisan voters.

Independent leaners tend to turn out at the same rates and are just as loyal as Democrats or Republicans.

Unlike pure independents, independent leaners do not tend to split their votes between the major parties.

Which of the following statements is true today regarding the Democrat Party and the Republican Party nation-wide?

The transition of conservative white southerners from the Democratic Party to the Republican Party is now complete.

Democrats are more uniformly liberal and Republicans are more uniformly conservative.

In recent election cycles, both Democrats and Republicans have voted consistently for the nominee of their party.

All of the above

Which one of the following statements is true regarding the nominations of Donald Trump and Hillary Clinton during 2016 presidential campaign?

The nomination of Donald Trump and his outsider campaign promised less change while Hillary Clinton’s nomination signaled more change.

The nomination of Donald Trump and his outsider campaign promised the same amount of change as Hillary Clinton in her nomination.

The nomination of Donald Trump and his outsider campaign promised great change while Hillary Clinton’s nomination signaled more of the same rather than change.

Neither the nomination of Donald Trump nor the nomination of Hillary Clinton promised any change.

102

Which one of the following statements is true regarding who won the popular vote and the electoral vote in the presidential campaign of 2016 between Donald Trump and Hillary Clinton?

Trump won the popular vote and the electoral vote.

Trump won the popular vote and Clinton won the electoral vote.

Clinton won the popular vote and Trump won the electoral vote.

Clinton won the popular vote and the electoral vote.

Which one of the following statements is true regarding which party won control of the House of Representatives and the Senate in the congressional elections of 2016?

Republicans maintained control of the House while Democrats took control of the Senate.

Democrats took control of both the House and the Senate.

Republicans maintained control of both the House and the Senate.

Democrats maintained control of the House while Republicans took control of the Senate.

In the presidential primaries of 2016, ^___^ of the Democratic Party was led by Hillary Clinton.

the institutional wing

the libertarian wing

the independent wing

the insurgent wing

In the presidential primaries of 2016, ^___^ of the Democratic Party was led by Bernie Sanders.

the institutional wing

the libertarian wing

the independent wing

the insurgent wing

A hundred years ago, the power of political parties was often found in local party organizations, often called ^___^.

“mafias”

“machines”

“mandarins”

“mercenaries”

For more than half a century, black voters have given about ^___^ percent of their votes to Democratic candidates for president and Congress.

103

Which one of the following statements is not historically true regarding blacks and the Democratic Party?

The Democratic Party was the party of the South and slavery during the Civil War.

In the 1930s, black voters left the Democratic Party for the Republican Party.

The Democratic Party identified with southern racial segregation in the 1960s.

The connection between Kennedy and Martin Luther King Jr. during the 1960 campaign encouraged black voters about the Democratic Party.

Which one of the following statements reflects the benefit of black voters’ nearly exclusive commitment to the Democratic Party?

The Democratic Party’s philosophy and programs have been responsive to the needs and interests of black citizens.

The Democratic Party has been receptive to black citizens with political aspirations.

Both of the above

None of the above

Which one of the following statements reflects a detriment of black voters’ nearly exclusive commitment to the Democratic Party?

Democrats are reluctant to have their campaigns identified with the black community for fear of scaring away white voters.

Both major parties know that most blacks will vote Democrat, which means that there is no bidding for their votes.

The wholesale commitment of blacks to the Democratic Party means that they are almost completely without access when Republicans win.

All of the above

Throughout the twentieth century to the present, which one of the following trends has weakened the power of most local party organizations?

placement of government jobs under civil service regulation

movement toward nonpartisan local elections

use of technology to take political messages directly to voters in their homes

All of the above

Which one of the following statements is true regarding support of the president’s legislative program in Congress?

When presidents enjoy majorities in both houses of the Congress, they are successful more

Presidents whose partisans control at least one house of the Congress, do nearly as well, at almost 75 percent.

Presidents who find both houses of the Congress controlled by the other party, face tough sledding, achieving success only

All of the above

104

than 80 percent of the time.

about 60 percent of the time.

Since President Trump enjoyed Republican majorities in both houses of Congress, he was successful with his legislative program more than ^___^ percent of the time.

None of the above, as he was hardly success his first year.

In American party politics, the role of loyal opposition falls to ^___^.

the members of the Supreme Court who do not share the president’s party affiliation

the majority of governors who are not of the same party as the president

the leaders of the party in Congress that does not control the presidency

Any of the above

Party unity in Congress is defined as ^___^.

the proportion of votes on which the majority of one party lines up against a minority of the other party

the proportion of votes on which the minority of one party lines up against a majority of the other party

the proportion of votes on which the minority of one party lines up against a minority of the other party

the proportion of votes on which the majority of one party lines up against a majority of the other party

The United States is frequently described as a two-party system because the Democratic and Republican parties ^___^.

have stood against each other since before the Civil War

get most of the attention and win virtually all of the elections

Both of the above

None of the above

A minor party is a party that ^___^ has little chance of winning and organizing the government.

appeals to voters in the 18-35 age bracket but

raises issues and offers candidates but

raises insignificant amounts of campaign contributions and thus

All of the above

105

Minor political parties have little chance of winning and organizing the government because ^___^.

they only appeal to voters in the 18-35 age bracket and this bracket rarely votes

Democrats and Republicans designed the electoral system to prevent them from winning

they are located only in U.S. territories and these territories are not permitted to send voting members to Congress

All of the above

The Democrats and Republicans have made it difficult for minor parties to win elections because of ^___^.

single-member district elections

difficulty getting on the ballot

Both of the above

None of the above

Third party candidates for the presidency have difficulty in winning because of the difficulty in ^___^.

securing electoral votes from all U.S. territories

getting on the ballots in all fifty states

Both of the above

None of the above

The constitutional foundation for modern interest group and political party organization is the ^___^ Amendment right to ^___^.

a, c

First

Fourteenth

petition the government for a redress of grievances

due process

In the case of Dejonge v. Oregon (1937), the Supreme Court incorporated the states into the First Amendment’s right of peaceful assembly using the ^___^ of the ^___^. James Madison argued that interest groups would act out of ^___^ and contribute to ^___^.

a, c

due process clause

equal protection clause

Fourteenth Amendment

Fifth Amendment

b, a

divisions and disagreements in society

political advantage

the public interest and common good

altruistic endeavors

Multiple-Select Multiple Choice

106

Today, there are approximately ^___^ interest groups that spend about ^___^ each year lobbying Congress and the executive branch.

a, b

25,000

$3.5 billion

12,500

$3.5 million

Which two of the following interest groups are able to have a positive outcome in their pursuit of their policy agendas despite their numerically small numbers?

b, d

the National Organization for Women

the National Rifle Association

the Occupy Wall Street movement

the Right to Life movement

Interest groups are organized either as ^___^ or as ^___^.

a, b

unitary organizations

federations

confederacies

leaderless organizations

Lobbyists are ^___^ who seek to influence government decision making in ways that benefit or limit harm to their ^___^.

b, d

Members of Congress

hired agents

clients

constituents

The purpose of most interest group litigation is to ^___^ or ^___^.

a, c

demand a beneficial policy change

demand public financing of political candidates

forestall an adverse policy change

forestall public financing of political candidates

Donald Trump’s nomination and election have often been described as a ^___^ of the Republican Party that might ^___^ the party brand on issues from national security to trade to taxes.

a, c

“hostile takeover”

“friendly takeover”

change

maintain

An individual’s party identification may be understood as ^___^ or as ^___^.

a, c

a “running tally” of positive and negative evaluations of

the transitory and loosely held effect of a party’s impact strictly on economic

a deep-seated psychological commitment, established early and

national security concerns identified as a form of ideological permanence regardless

107

party candidates and policies

well-being from election to election

remaining quite stable over time

of partisan invocations of necessity

In the presidential primaries of 2016, the Democrats were divided between ^___^ of the party and ^___^ of the party.

a, d

the institutional wing

the libertarian wing

the independent wing

the insurgent wing

In the American political party structure for Democrats and Republicans, there ^___^ and the ^___^ oversees the party.

c, b

exists one national party for the entire country

Democratic Central Committee or Republican Central Committee

exist fifty political parties, one for each state

Democratic National Committee or Republican National Committee

If a minor political party begins to build political momentum nationally that may undermine a major party’s efforts, the major party generally reacts by ^___^ or ^___^.

a, d

draining off the emotion fueling the growing third party

creating singlemember district elections to stop third party candidates

increasing the difficulty of the third party to get its candidates on the ballot

adopting one or more of the key issue positions of the third party

At least once in American history, a minor party displaced one of the major parties in national politics to become the primary opponent of the other major party, when the ^___^ displaced the ^___^.

a, c

Republican Party

Federalist

Whig Party

Democratic Party

True-False Party identification is no longer a significant factor in American voter behavior.

FALSE

Minor parties are frequently successful in placing their candidates in Senate offices.

FALSE

108

Independent identification amidst the electorate is higher today than in the 1960s.

TRUE

A minor party is the name given to the party that currently lacks a majority in government.

FALSE

Offering information about bills and issues that Congresspersons have little time to research is one of the main tools of influence for interest groups.

TRUE

Interest groups are unable to influence candidate selection within political parties.

FALSE

An organization based on common interests and with the intent to influence government is an interest group.

TRUE

Litigation is often a primary strategy employed by interest groups; they use other strategies only if litigation fails.

FALSE

The Business Roundtable is an interest group that represents the interests of small business in America.

FALSE

The AFL-CIO was originally founded in 1955 as a merger between two groups: the American Future Legion (AFL) and the Coalition for Improving Opportunities (CIO).

FALSE

The Tea Party, Occupy Wall Street, and Black Lives Matter movements of recent years reflect a constant phenomenon that runs through American history of citizen protest.

TRUE

Courts have not upheld the rights of cities to require permits and control the size, location or route, and timing of gatherings, parades, demonstrations, and similar events.

FALSE

Minor parties and third parties ae the same thing.

TRUE

Most interest groups are closely identified with either the Democrat Party or the Republican Party.

FALSE

Groups representing the economic interests of their members are the oldest as well as the most numerous members of the interest group system.

TRUE

Both peak associations and trade associations focus on business matters.

TRUE

The American Federation of Labor and the Congress of Industrial Organizations merged to form the AFL-CIO in 1955.

TRUE

109

Professional associations have been formed to set labor standards in order to protect workers from government regulations at the local, state, and national levels.

FALSE

While both unity and coverage may be useful for an interest group to be successful, in fact the size of the group’s membership will determine the group’s full effect.

FALSE

The majority of Americans do not favor some form of gun control nor access to abortion services.

FALSE

Congress frequently relies on interest groups to provide decisive or exclusive expertise on matters of regulation important to those groups.

TRUE

The range of outsider strategies may go beyond education campaigns and electioneering to protest and civil disobedience.

TRUE

A distinguishing characteristic of an interest group is that it provides political candidates to compete in public elections.

FALSE

Currently, more than 50% of voters identify themselves as Democrats.

FALSE

Currently, more than 50% of voters identify themselves as Republicans.

FALSE

Independent leaners are allocated to the parties toward which they lean, leaving only the pure independents in the Independent category.

TRUE

The Republican Party divisions, deepening since the Tea Party insurgency began in 2010, threatened to split the party apart until Donald Trump defeated his primary opponents with an unremitting populist message to win the party’s nomination.

TRUE

The pyramidal organizational structure of the traditional political party has been replaced by contemporary political parties with developed and managed partisan social networks.

TRUE

Today, more and more campaigning is conducted by local party organizations than by the state party leadership.

FALSE

In contrast with the past, state party organizations have moved from a focus on electoral mobilization to a focus on campaign management.

TRUE

In Congress, the party in government rarely considers the president’s legislative program from the campaign.

FALSE

110

President Trump has enjoyed Republican majorities in both houses of Congress, and consequently has been successful with his legislative program more than 80 percent of the time.

FALSE

Even though the United States is frequently described as a two-party system, there are also many minor parties.

TRUE

The United States is described as a two-party system because there are no minor parties.

FALSE

In the intervening two centuries since James Madison wrote, technological developments have assisted in meeting Madison’s hope that the sheer size of the United States would limit the possibility that people with shared interests could come together to press their case on government.

FALSE

Open What reasons might African Americans have to vote for the Democratic Party? Compare and contrast the role of minor and major political parties in American electoral politics. Discuss the major barriers to minor party electoral success. Discuss the strength partisanship in the country at the present time. In the 2016 presidential election, discuss how it was possible for Hillary Clinton to win the popular vote and yet still lose to Donald Trump. Do you believe this outcome is fair? Why or why not? Contrast peak associations with trade associations. Discuss whether or not you believe that our interest group system is structured in such a way that we can suggest that it is elitist or pluralist in orientation. Discuss to what extent that business really dominates our interest group system. In 2016, the pharmaceutical and health products lobby had more than 1,300 registered lobbyists in Washington, D.C., and spent $246 million on lobbying Congress. Is an interest group lobby of this magnitude likely to have a beneficial or a detrimental impact on public policymaking? Defend your answer.

111

Discuss why outsiders are the citizens whose views are seen as unorthodox or radical and are regularly ignored and sometimes suppressed by the political system and the broader society. Do you believe that interest groups strengthen or weaken democracy? Explain why. Discuss why environmental interest groups are not as powerful as pharmaceutical interest groups given that we all want clean air. Discuss why groups representing the economic interests of their members are the oldest as well as the most numerous members of the interest group system. Discuss why the Chamber of Commerce as a peak business association is the most politically dynamic and aggressive association. Discuss what is need for a numerically small interest group to overcome a majority of Americans who may be opposed to the group’s policy agenda. Discuss the value of outside lobbying as a way to step up the pressure on public officials. Discuss why contemporary students of political parties have generally agreed that modern democratic politics are unthinkable except in terms of parties. Do you agree? Why or why not? Discuss the differences between how those who prefer the “responsible party model” view of modern political parties with those who prefer the “big tent” view to describe modern political parties. Discuss how contemporary political parties spur the development of new ideas. Discuss why political parties always balance commitment to their traditional principles with adaptation to a new leader’s policy views and campaign promises. What is “partisan conflict” and why does it appear to be at an all-time high? Although approximately 90 percent of blacks have given their votes to the Democratic Party, discuss the downside of this relationship. Discuss the relationship between party unity in the Senate and the use of the filibuster. Discuss why state elections for legislative bodies based on single-member districts make it difficult for third party candidates to win. Discuss the similarities and differences between interest groups and political parties with regard to their electoral goals and government policymaking. 112

113

Chapter 7 – Democracy’s Moment: Voting, Campaigns, and Elections – Test Bank for Brief ed. Single-Select Multiple Choice Question

Answer

Republicans are often seen as better on issues like ^___^.

crime

employment issues

social welfare

None of the above

The strongest influence on individual political behavior is ^___^.

party platform

candidate positions

perceptions of the candidate's character

party identification

Suffrage refers to ^___^.

The right to vote

Voter turnout levels

The rights of the accused

All of the above

Voter turnout is measured as ^___^.

The percentage of voting age population that does not vote

The percentage of voting age population that does vote

The percentage voting age population that is registered to vote

None of the above

What is one method that has been employed to increase voter registration and turnout in American elections?

There have been no such efforts since Americans have higher voter turnout rates than any other democracy in the world

Increasing levels of average education

Previous existing Both of the last two obstacles to options registration and voting have been gradually removed over time

114

What is voter registration?

The process by which members of the non-voting age population sign up to establish their right to vote

The process by which members of the voting age population sign up to establish their right to vote

The process by which voters are disaggregated according to how they voted in the last election

The process by which members of Congress sign up to record their votes on pieces of legislation

What is socioeconomic status (SES)?

A composite measure of education, income, and occupational status

A composite measure of society, economy, and structure

A technique for increasing the number of registered voters in the electorate

None of the above

What is an incumbent?

The same thing as a A former public challenger office holder seeking to be elected again

A current public office holder seeking reelection

None of the above

What is the phenomenon referred to as polarization?

Increasing partisanship combined with greater levels of ideology

Decreasing partisanship combined with lesser levels of ideology

Increasing partisanship combined with lessening levels of ideology

Decreasing partisanship combined with greater levels of ideology

Define micro targeting.

Determining what issues, themes, and arguments are likely to turn away certain groups of voters from the other candidate

Determining what issues, themes, and arguments are likely to move certain narrowly delineated groups of voters to support a candidate

Emphasizing local conditions as a means to draw popular support for a candidate

Emphasizing state/regional issues as a means to draw popular support for a candidate

115

Are primaries and caucuses used for the same party candidate selection purpose?

Yes, they are both party candidate nominating devices for political offices.

No, they have nothing to do with party candidate selection.

Yes, they are both general election devices for political offices.

No, caucuses select party candidates and primaries select independent candidates for political office.

What kind of primary is associated with the phenomenon of frontloading?

Direct primary

Presidential primary

Preference primary

Run-off primary

Where do the major political parties formally select their presidential candidates?

In the Iowa caucuses

At the New Hampshire primary

At the national party conventions

During “Super Tuesday”

What did the FECA do?

Provided for some public regulation of campaign fundraising in presidential elections

Provided for increasing privatization of campaign fundraising regulation in presidential elections

Provided for regulation of soft money’s role in political campaigns

None of the above

What type of money did the BCRA (McCain-Feingold) start to regulate regarding campaign finance?

Hard Money

Soft Money

Spending by candidates of their own money

All of the above

What Supreme Court decision derailed much of the current campaign finance system for presidential elections?

Buckley v. Valeo (1976)

McConnell v. Federal Election Commission (2003)

Federal Election None of the above Commission v. Wisconsin Right to Life (2007)

Why did the major candidates for President (Obama, Clinton, and McCain) in 2008 stray from the BCRA system?

In order to maximize their campaign fundraising abilities

In order to minimize their campaign fundraising abilities

In order to maximize their campaign spending abilities

116

In order to be in compliance with the dictates of their respective political parties

Elections in America are divided into two parts, with the last being the selection for office. What is the first?

The selection of party

The nomination of the candidates by the general electorate

The nomination of the candidates by the primary and caucus electorates

None of the above, since there is only a single part to American elections

Partisanship is only a single indicator of how voters make up their minds in elections. What are two others?

Candidate attributes

Issue positions of candidates

Both of the above

None of the above

Which party is seen as better able to handle issues such as national security, crime, inflation, business, and regulatory policy?

The Greens

The Democrats

The Republicans

The Libertarians

Which party is associated with being more sensitive to the poor, minorities, social welfare issues, income, and employment issues?

The Greens

The Democrats

The Republicans

The Libertarians

In addition to greater name recognition, how else do we account for the congressional incumbency advantage?

Better opportunities for advertising and fundraising

We don’t. Challengers, not incumbents, have the advantage in congressional elections.

Name recognition is the only significant cause of incumbency advantage.

None of the above, since incumbency is neither an advantage nor a disadvantage in congressional elections; it is only a factor in presidential contests.

117

Independents have increased in numbers in recent decades. Can we then infer that partisanship is no longer much of a determinative factor in American elections?

Yes we can, but we do not know why.

No, because declining turnout and negative campaigning have actually increased the polarization of the partisans left in the electorate.

No, we cannot because declining turnout and negative campaigning have decreased the polarization of the partisans left in the electorate promoting opportunities for bipartisanship across the board.

None of the above, because the question cannot be evaluated on its own terms; therefore, we cannot answer it.

In recent presidential elections, which party tends to have the advantage among the electorate with regard to economic interests and the common person?

Republicans

Democrats

Minor parties

None of the above, because in fact no party has an advantage over the others with regard to economic interests and the common person

In 2016, Hillary Clinton ran on a platform of protecting and building upon which of the following Obama administration successes?

Economic recovery

Wall Street reform

Obamacare

All of the above

In 2016, Donald Trump, a first-time candidate, ran on a platform of which of the following promises?

to build a wall to keep out illegal immigrants

to ban Muslim immigrants

to return jobs lost to overseas competition

All of the above

In the 2016 presidential campaign, voters generally rated Hillary Clinton as ^___^.

experienced but neither empathetic nor trustworthy

experienced, empathetic and trustworthy

lacking experience but neither empathetic nor trustworthy

lacking experience but empathetic and trustworthy

Which of the following achievements have been attributed to Donald Trump?

a successful real estate billionaire

a reality television star

a New York society and tabloid fixture

All of the above

118

In selecting the president, the electoral college requires that each state legislature select a number of the state’s leading citizens ^___^ to vote for president.

who are serving in the U.S. Senate and the U.S. House of Representatives

equal to the number of the state’s U.S. Senators and members of the U.S. House of Representatives

who are serving in the Senate and House of Representatives of the state’s legislature

equal to the number of the state’s senators and members of the House of Representatives in the state’s legislature

In the history of presidential elections, how many times has the outcome of the popular vote not been in accordance with the outcome of the electoral vote?

While during the colonial period, the electorate was restricted to white male property holders over the age of twenty-one, the addition of ^___^ has now made it possible for virtually all adult American citizens to vote.

poor white and black males

women

young people between the ages of 18 and 21

All of the above

No question is more fundamental to a free society than ^___^.

who gets to vote

the right to bear arms

freedom of religion

due process of law

Democrats argue that ^___^.

illegal voting is a serious problem and that laws should require a government-issued photo ID to vote

requiring photo IDs to vote will work a particular hardship on the poor, the elderly, and minorities

Both of the above

None of the above

119

Republicans argue that ^___^.

illegal voting is a serious problem and that laws should require a government-issued photo ID to vote

requiring photo IDs to vote will work a particular hardship on the poor, the elderly, and minorities

Both of the above

None of the above

Which of the following statements is not true regarding voter turnout?

Voters are more likely to turn out if the offices at stake are important and visible.

Voters are more likely to turn out if the candidates are well known, popular, and attractive.

Voters are more likely to turn out if the main election is not competitive.

Voters are more likely to turn out if other key issues, such as hotly contested initiatives or referenda, are on the ballot.

The well-educated now vote at a rate more than ^___^ times that of the least educated.

In the wake of the 2016 presidential election, President Trump claimed that he lost the popular vote only because ^___^ for Hillary Clinton.

Russians meddled in the elections by posting fake news articles

three to five million illegal votes were cast

Both of the above

None of the above

After analyses of the 2000 presidential election voting irregularities, Congress passed the ^___^ to improve the accuracy of vote counting throughout the country.

Federal Election Campaign Act (FECA)

National Popular Vote Plan (NVP)

Help America Vote Act (HAVA)

None of the above, as Congress was unable to pass any legislation to improve the accuracy of vote counting.

120

Which of the following statements is not true regarding the age of those who vote?

Young people usually turn out in larger numbers than older voters.

Age is an important factor in discriminating between voters and nonvoters.

Both of the above

None of the above

In the presidential election of 2016, women cast ^___^ votes than men.

less

about the same number of

None of the above, because women didn’t vote

^___^ is the strongest and steadiest influence on the political behavior of individuals.

Income

Education

Occupational status

Partisanship

Which of the following statements regarding political information and voting behavior is true for pure independent voters?

Pure independents tend to have a great deal of information about politics and to vote infrequently.

Pure independents tend to have very little information about politics and to vote infrequently.

Pure independents tend to have very little information about politics and to vote frequently.

Pure independents tend to have a great deal of information about politics and to vote frequently.

In the congressional elections of 2016, of the incumbents who chose to run for reelection, ^___^.

fully 70 percent of senators won, as did 77 percent of their House colleagues

fully 80 percent of senators won, as did 87 percent of their House colleagues

fully 90 percent of senators won, as did 97 percent of their House colleagues

Incumbent members of Congress control a variety of resources that come with the office, including ^___^.

fully 60 percent of senators won, as did 67 percent of their House colleagues a paid staff distributed between Washington and a number of home district offices

free postage from Washington (called the franking privilege) and a communication allowance

a travel allowance permitting approximately one trip a week home to the district

All of the above

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Which one of the following statements regarding congressional candidate name recognition by voters is true?

Less than half of eligible voters even at the height of a congressional campaign were unable to name either candidate running in their district.

Only one-half of eligible voters even at the height of a congressional campaign were unable to name either candidate running in their district.

More than half of eligible voters even at the height of a congressional campaign were unable to name either candidate running in their district.

None of eligible voters even at the height of a congressional campaign were able to name either candidate running in their district.

Which one of the following statements regarding congressional incumbency and campaign contributions is not true?

House incumbents seeking reelection, on average, are equal to their challengers in total campaign resources.

Campaign contributions flow much more readily to incumbents than to challengers.

Interest groups want to make contributions to those more likely to be in a position to help them later.

Incumbency is worth about half a million dollars in additional contributions, mostly from business political action committees.

Candidates for whom the political climate is supportive and the necessary resources are available still need ^___^.

campaign skills and appropriate political experience

local organization and support

Both of the above

None of the above, since the political climate is supportive

Which one of the following inverse relationships is true between American democratic politics and officeholders?

The American political process is less open than any other in the world. Nonetheless, the higher up the electoral system one goes, the more direct the contact with voters becomes.

The American political process is more open to gender equality than any time in history. Nevertheless, the higher up the electoral system one goes, fewer women have been elected over time.

The American political process is more open than any other in the world. Nonetheless, the higher up the electoral system one goes, the more indirect the contact with voters becomes.

The American political process is less open to gender equality than any time in history. Nevertheless, the higher up the electoral system one goes, more women have been elected over time.

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Which one of the following statements is true with regard to what candidates need to know when campaigning for office?

Candidates must know the mix of characteristics, preferences, and attitudes held by their supporters and then micro target those who share that political DNA.

Candidates must know the voters, divisions or groups that exist among them, and how a majority might be created from them.

Candidates need to All of the above know what likely voters think both of its candidate and of the major issues of the day so that the two can be related to maximum advantage.

An increasingly large percentage of campaign costs go for fundraising, that is, money spent to ^___^.

offset the growing use of in-kind contributions in lieu of direct cash

pay increasingly high interest-rate debt on campaign loans

raise more money as well as media and candidate marketing

support the candidate’s cost of living needs as a result of increased time spent campaigning

If the presidency is the focal point of the American political system and, therefore, the ultimate goal of every American politician, who has a more plausible chance of attaining this goal?

non-politicians

most state and local politicians

prominent cultural figures

sitting and former governors, senators, and leading members of the House

The need of candidates to raise increasing amounts of money has produced the phenomenon of the ^___^.

reduction of elective offices

permanent campaign

universal public funding

moratorium on media buys

In the presidential campaign of 2016, Donald Trump proved that the presidency may also be open to ^___^.

cultural figures

prominent nonpoliticians

wealthy corporate executives

All of the above

Presidential campaigns usually begin ^___^ before the actual election.

after the national party conventions

months

years

None of the above

123

In presidential campaigns, the strategy of front-loading refers to ^___^.

securing the minimal campaign contributions needed to qualify early for federal matching funds

more and more states crowding to the front of the primary and caucus electoral calendar

coordinating donations from potential well-heeled donors before other candidates

coalition building of potential interest-group support early in the campaign

Today, national party conventions are ^___^.

scenes of high drama, where national party leaders, regional leaders, and state “favorite sons” lead their followers into the national convention and struggle publicly

the final stop to ratify decisions made by the voters in their primaries and caucuses

Both of the above

None of the above

Today, national party conventions have become ^___^.

increasingly controlled and stylized events where the parties seek to present their best face to the voters

attempts to portray themselves, with the whole nation watching, as unified behind a leader and a program

the final stop on the road to ratify decisions made by the voters in their primaries and caucuses

All of the above

In the Electoral College, all of each state’s electoral votes go to the winner of the popular vote, except for ^___^.

Iowa and New Hampshire

Nebraska and Maine

Texas and Virginia

None of the above, since no state is permitted to deviate from winnertake-all of the electoral votes cast

124

In presidential elections, the logic of the general election is to win ^___^.

as many popular votes in the nation as possible

more votes than your opponent in as many states as possible

Both of the above

None of the above

The battleground states that have large blocs of electoral votes are those in the ^___^.

East, with Pennsylvania and Virginia

Midwest, with Illinois, Michigan, and Ohio

South, with Florida

All of the above

Which one of the following is not a duty of the manager of a political campaign?

organize the broad campaign operation

assist in setting general strategy

coordinate the state operations

try to keep the campaign on message

In political campaigns for elective office, a ready response team refers to a group within the campaign organization that ^___^.

coordinates the candidate’s response to media inquiries for live interviews on short notice

responds immediately and forcefully to any charge or comment from the candidate’s opposition

meets with wealthy campaign donors before the candidate’s opponent has had a chance in order to secure a large financial contribution

All of the above

After the site of a presidential candidate’s visit has been determined, ^___^ begins work to see that the candidate, an enthusiastic crowd, and the media, are in place.

a scheduling team

a ready response team

an advance team

a legal team

The first presidential campaign to have a presence on the Internet was in ^___^.

2004

2008

2012

2016

125

In political campaign financing, “soft money” refers to ^___^.

unlimited contributions to political parties for party building, voter registration, and voter turnout

unrestricted funds donated to candidates to cover their campaign election costs

Both of the above

None of the above

In the 2012 presidential campaign between Barack Obama and Mitt Romney, a total of ^___^, a record, was spent.

$560 million

$995 million

$3 billion

$6 billion

In political campaigns, the term “bundlers” refers to ^___^.

staff persons in the national campaign organization who bundle the efforts of state political parties in each region of the country

media specialists who bundle the buying and airing of campaign ads to more efficiently use financial resources and maximize their influence

lawyers representing diverse campaigns who bundle their services to meet legal challenges from campaign opponents regarding voting irregularities

fundraisers who not only make their own contributions but solicit them from others and bundle all of the contributions together

In the case of Buckley v. Valeo (1976), the Supreme Court ^___^.

struck down Congress’s right to set limits on the amount an individual can contribute to federal campaigns, but upheld limits on overall spending in campaigns

upheld Congress’s right to set limits on the amount an individual can contribute to federal campaigns, and upheld limits on overall spending in campaigns

upheld Congress’s right to set limits on the amount an individual can contribute to federal campaigns, but struck down limits on overall spending in campaigns

struck down Congress’s right to set limits on the amount an individual can contribute to federal campaigns, and struck down limits on overall spending in campaigns

126

In the case of Buckley v. Valeo (1976), the Supreme Court reasoned that campaign spending is ^___^.

speech intended to communicate ideas and as such is protected from government regulation by the First Amendment

private property intended for personal campaign purposes and as such is protected from government expropriation by the Fifth Amendment

Both of the above

None of the above

In which one of the following cases did the Supreme Court uphold campaign spending restrictions?

Buckley v. Valeo (1976)

McConnell v. Federal Election Commission (2003)

Federal Election Citizens United v. Federal Commission v. Election Commission Wisconsin Right to Life (2010) (2007)

In the case of Citizens United v. Federal Election Commission (2010), the Supreme Court ^___^.

struck down limits on corporate and union spending on elections

upheld limits on corporate and union spending on elections

struck down limits on corporate spending but upheld limits on union spending on elections

upheld limits on corporate spending but struck down union spending on elections

b, c

John Adams

Aaron Burr

Thomas Jefferson

Alexander Hamilton

Multiple-Select Multiple Choice In the election of 1800, which two of the following candidates for president and vice-president received the same number of electoral votes, which then triggered the passing of the Twelfth Amendment?

127

Which two of the following presidential candidates lost the popular vote but won the electoral college and became president?

b, d

Jimmy Carter

George W. Bush

Bill Clinton

Donald Trump

To amend the Constitution, which two of the following events must occur to succeed?

a, c

Proposal by twothirds of Congress

Signature of the president

Ratification by threefourths of the states

Majority opinion of the Supreme Court

Beginning in 2013, federal courts in North Carolina and Texas began ^___^ strict voter ID laws as ^___^.

b, d

upholding

striking down

constitutional

unconstitutional

In general, candidates running for political office are constrained by positions that they have ^___^ and by the core positions of their ^___^.

d, b

advanced for the future

party

campaign

taken in the past

Over the past six decades, incumbent members of the House of Representatives have won reelection more than ^___^ percent but less that ^___^ percent of the time. Over the past six decades, incumbent members of the Senate have won reelection more than ^___^ percent but less that ^___^ percent of the time. What kinds of candidates make the best campaign challengers to incumbents in elective office?

c, d

100

b, c

100

a, d

former public officials

candidates appointed by the state legislature

novice candidates with substantial financial backing

current officeholders seeking to move up to a higher office

b, d

the national provision of

the national political and economic climate

the national media

the national system of party committees,

What are the two national influences on the prospects of a

128

congressional challenger being able to dislodge an incumbent?

matching campaign funds

interest groups, and campaign consultants

The nomination phase of presidential campaigns begins in the states of ____ in the month of ^___^.

a, c

Iowa and New Hampshire

Texas and Virginia

February

March

The Founders of the American republic intended for the Electoral College to select the president based on the judgments of the ^___^ in each ^___^.

d, c

members

house of Congress

state

political elite

After decades of concentrating on the ^___^, since 2004 both parties have put new assets into the ^___^.

b, c

war chests

air wars

ground game

battleground states

True-False Motor Voter (the nickname for the National Voter Registration in 1993) allows citizens to register to vote while getting their driver's license.

TRUE

In the last twenty years, women have turned out to vote in larger numbers than men.

TRUE

There is a strong relationship between education levels and voter turnout.

TRUE

Corporations cannot make campaign contributions in national elections.

FALSE

Soft money contributions are strictly limited.

FALSE

The United States fails to employ mandatory voting for its citizens. In the 2016 presidential election process, Donald Trump executed a hostile take-over of the Republican Party.

TRUE TRUE

129

Fewer Americans take advantage of their rights to vote than do citizens in other advanced, industrial democracies.

TRUE

In the presidential election of 2016 between Donald Trump and Hillary Clinton, voter turnout was slightly higher than the turnout in the previous presidential election between Barrack Obama and Mitt Romney in 2012.

FALSE

Most states allow online registration to vote.

TRUE

In the 2016 Democratic presidential nomination contest, the fact that young people were among Bernie Sanders’s most fervent supporters supports the hypothesis that young people usually turn out in greater numbers than older voters.

FALSE

The Obama effect refers to the higher than usual turnout of black voters in the presidential election of 2012.

TRUE

Social science research suggests that voters make their decisions for whom to vote as much and perhaps more from gut reactions as from strictly rational calculations.

TRUE

All other things being equal, partisanship will be the dominant influence on the voters’ decision.

TRUE

Although independents now make up almost 40 percent of the electorate, two-thirds of independents admit that they “lean” toward the Democrats or the Republicans.

TRUE

The majority of independent voters who are leaners in fact behave more like “pure” independents than like partisans.

FALSE

In their reelection bids, incumbent members of Congress are usually defeated by their challengers.

FALSE

Voters like to vote for candidates they know, or at least know of, and that is why they like to spend time getting to know candidates.

FALSE

Experienced challengers run when the general prospects of their party look bright and step aside for the sacrificial lambs when the party’s prospects look dim.

TRUE

In the presidential election of 2016, unemployment had dropped to 5 percent and wages had begun to pick up, and yet many voters were convinced that the economic gains had passed them by.

TRUE

130

As the cost of elections has continued to escalate, national sources have increasingly displaced local sources of funds.

TRUE

By early 2015, Hillary Clinton and Donald Trump had full-blown campaigns and hundred-million-dollar warchests in place before they formally declared their decision to run.

FALSE

The Founders who wrote the Constitution were concerned that voters would not have enough information or judgment to select the nation’s chief executive.

TRUE

Today in the Electoral College, the electors of each state exercise independent judgment.

FALSE

Donald Trump claimed to be worth as much as $10 billion and declared his willingness to spend up to $1 billion of his own money on the 2016 presidential race, but he was out-raised by Hillary Clinton throughout the contest.

TRUE

In Buckley v. Valeo (1976), the only spending limits left in place by the Supreme Court were limits attached to voluntary acceptance of public funding.

TRUE

In McConnell v. Federal Election Commission (2003), the Supreme Court held that the prohibition of soft money contributions by wealthy donors and interests were unconstitutional limitations on free speech.

FALSE

In the case of Citizens United v. Federal Election Commission (2010), the Supreme Court upheld most of the McCain–Feingold limits on corporate and union campaign contributions.

FALSE

The general election campaign for president is a national contest designed to produce both popular and Electoral College majorities.

TRUE

Open What are the potential drawbacks of the Citizens United v. Federal Election Commission (2012) decision? Discuss the key milestones in the expansion of voting rights in the United States. Discuss the merits and drawbacks of laws requiring government-issued photo IDs. Discuss why incumbents have an advantage over challengers in elections. Discuss why people vote the way they do and for whom they vote. 131

Discuss the most recent presidential campaign cycle, including commentary on the roles of money, primaries/caucuses, the national nominating convention, and of course the general election. Make sure that you employ evidence gathered from the text to support your positive and negative critiques of the last presidential election. Discuss the relationship between SES and voting and focus on the one that is most important as a determinant in the likelihood of voting. Discuss the Electoral College and assess whether or not it is a democratic device for presidential selection. Be sure to include commentary on its historical development in your answer. Is low voter turnout a negative or positive attribute about the American electoral system? Make sure that you use evidence from the text to inform your answer. Differentiate a caucus from a primary. Discuss the role of soft money in American presidential elections. Although Donald Trump found little support among the Republican Party leadership and other candidates, discuss why his campaign appealed to so many Republican voters. Discuss the appeal of running for president when the incumbent president and vice president are not in the running. To be successful in winning the party’s nomination for their candidates, presidential campaigns have historically required an elaborate organizational structure with a large staff and the employment of the latest technology to communicate the candidate's message and increase his or her voter support. And yet, with minimal campaign preparations in place, Donald Trump vanquished sixteen well-heeled and organized competitors in the Republican primaries! How did he do it? Discuss the conditions that allowed him to succeed. Discuss the strategy behind front-loading in presidential primaries and caucuses. In the 2016 presidential election, which candidates were helped the most by this strategy and which ones were not? In general, what kinds of candidates appear to benefit most from front-loading? With regard to finding an alternative to the Constitution’s requirement of the electoral college to select the president, discuss the strengths and difficulties associated with the National Popular Vote Plan, which proposes an interstate compact among states with a majority of electoral votes, at least 270 of 538, to award their electoral votes to the winner of the national popular vote. Discus the importance of knowing the VAP and VEP to assess the significance of voter turnout on election day. Several proposals have been suggested to increase voter turnout, including mandatory voting. Is this a good idea? Why or why not? Discuss why local elections among less-known candidates for minor offices draw fewer voters. Discuss the three effects of education to which many analysts point that facilitate political activity.

132

Discuss the factors that determine how those who vote decide for whom to vote. Discuss what it means to say that Donald Trump’s campaign for president who rode a populist wave of white working-class anger to the Republican Party’s presidential nomination. Discuss to what extent Donald Trump’s campaign for and success in winning the White House supports the contention that voters are paying less attention to candidates’ personal traits and qualities than in previous elections. Even though many voters saw the presidential election of 2016 as having to choose between “the lesser of two evils,” do you believe that citizens generally still want some sense that the president’s character and capabilities will promote his or her success in the job? Why or why not? Discuss to what extent you believe that most elected political leaders are driven to run for office and then to run for higher office by their own ambitions. Discuss why an experienced challenger—one who has held elective public office before and is trying to move up—is four times more likely than an inexperienced candidate to beat an incumbent member of Congress. Discuss why resources from the national level are critical to most congressional campaigns. Discuss what it means to say that members of the U.S. Congress are at the juncture of local and national politics. Discuss why an open race for the presidency, in which no incumbent president or vice president is in the field, is catnip to politicians of both parties. Discuss how Trump -- who thought the rules of traditional campaigning did not apply to him – was able to ignore those rules, and yet win the presidency. With regard to efforts to eliminate electoral fraud, discuss the positive and negative implications on voter turnout of laws that require voters to present government issued photo IDs to election officials before voting.

133

Chapter 8 – Congress: Partisanship, Polarization, and Gridlock – Test Bank for Brief ed. Single-Select Multiple Choice Question

Answer

The idea that all legitimate governments derive their power from their citizens is called ^___^.

legitimate supremacy

civil rights

popular sovereignty

state sovereignty

If a Congresswoman is known for listening to her constituents but using her own judgment and experience to inform her votes, she probably believes in the following model of representation ^___^.

delegate

trustee

politico

executive

Name the two notions that served as guiding principles in how the Founding Fathers viewed legislatures.

popular sovereignty and legislative supremacy

popular sovereignty and executive supremacy

representational sovereignty and legislative supremacy

democracy and republicanism

Who suggested that the power of lawmaking is supreme?

Burke

Locke

Rousseau

Hobbes

Did the Founding generation have extensive experience with legislative government?

Yes

134

What role did the Constitution give to the Congress?

The least important institution of the national government because it only had the legislative power

The most important institution of the national government because it had the legislative power

As an equal proactive institution of national government with its legislative power being offset by the presidency’s executive power

As an equal institution of national government with its legislative power offset in a larger system of checks and balances as well as separation of powers

Which chamber of the Congress is given the power of origination overall revenue bills?

The Senate

The House of Representatives

Both of the above

None of the above

In comparison to the rest of the country, from what class of society do the members of Congress come?

The social, economic, and educated elite

The social, economic, and educated masses

The educated and economic but not social elite

The social elite exclusively

What is legislative sovereignty?

The idea that lawmaking authority in government should be held by the people

The idea that lawmaking authority in domestic affairs is the exclusive purview of the legislative branch

The idea that lawmaking authority held by the executive is subject to legislative review by the parliament

Which chamber of Congress is more rigid in its usage of rules?

The idea that lawmaking authority in government should be supreme over the executive and judicial powers The House of Representatives

The Senate

None of the above, since both are best seen as structured in a loose manner as far as rules are concerned

In which chamber of the Congress do filibusters and unanimous consent agreements play a role?

The House of Representatives

The Senate

Both of the above

Both of the above, since both are rigid regarding their adherence and usage of rules, so there is no difference between them None of the above

From what right does the filibuster originate?

The right of open dissent

The right of unlimited debate

The right of minority veto

The First Amendment right of free expression

135

Which two norms governing chamber and institutional behavior within the Congress work together?

Reciprocity and specialization

Seniority and closed committees

Open committees and conference committees

None of the above, since no two norms work together

Is a select committee a temporary committee?

Yes

What is the primary difference between authorizing committees and appropriations committees?

Appropriations committees offer their recommendations regarding which policies or measures are most appropriate, while authorizing committees actually decide whether or not to authorize such recommendations.

Authorizing committees allocate the money for policies, while appropriations committees develop the policies themselves.

Appropriations committees allocate the money for policies, while authorizing committees develop the policies themselves.

None of the above

What was central to the development of the committee system in the Congress?

The division of labor

Fixed jurisdictions

Seniority, specialization, and reciprocity norms

All of the above

What role do political parties have in a separation of powers system?

They further divide the government.

They serve as a vehicle for integrating the disparate institutions and actors of the political system.

They serve to further fragment power by dividing actors into a multiplicity of subgroups.

None of the above, since they serve no role regarding the separation of powers

136

How is the Speaker of the House of Representatives chosen according to the Constitution?

By party line voting in the House

By appointment by the president

By a majority vote of the members of the House of Representatives

By a majority vote of the members of the Congress

In the Senate, who is its leader in practice?

The President of the Senate

The Vice-President of the United States

The Majority Leader of the Senate

The Majority Leader of the House

When did the House and Senate first develop a fully constituted system of permanent committees?

By the 1820s

By the 1880s

By the 1920s

None of the above, as they never did

The division of labor amongst committees in the Congress was originally instituted for what purpose?

Provide access to pressure groups

To distribute the workload of the Congress to stable groups of subject matter experts

To distribute the electoral rewards of the victors in the last congressional election and by implication punish the congressional party losers

None of the above

Does the Speaker of the House of Representatives have more or less power than the majority leader in the Senate?

Less

The same

None of the above, inasmuch as the Speaker has no power

What are two “power committees” found in both the House and Senate today?

Appropriations and Budget

Finance and Ways and Means

Rules and Budget

None of the above

Below the respective institutional and party leaders, what is the next group of leaders within the congressional leadership system?

The conference and joint committee chairs

The committee and sub-committee chairs

The conference and caucus leaders

All of the above

137

The purpose of Gerrymandering is to ^___^ to maximize the prospects of a particular party.

configure an odd distribution of electoral votes for president

amass an odd coalition of interest groups for electoral success of specific candidates

draw congressional district boundaries for oddly-shaped districts

engage in vote trading with like-minded members of Congress for pork-barrel legislation

According to Article I, section 2, of the Constitution, a census of the U.S. population is to be conducted every ^___^ years.

Every ten years, after a census has been conducted ^___^ must redraw congressional district boundaries so that each district contains an equal number of residents.

state legislatures

congressional committees

federal courts

None of the above

The size of the House of Representatives has been capped at 435 voting members. How was this done?

federal law

Supreme Court decision

constitutional mandate

customary practice

Congressional reapportionment refers to ^___^.

budgetary compromise on appropriation bills between the House and the Senate

congressional authority to revamp the jurisdiction of lower federal courts

reallocation of House seats among the states

ratio of defense to social welfare spending in the federal budget

Which one of the following is not a legal requirement that the Supreme Court has laid out for congressional redistricting?

Districts should be as compact and contiguous as they reasonably can be.

Each district must be balanced between Democratic and Republican voters.

Each district must have equal numbers of residents.

Districts may not reduce minority representation.

138

Redistricting refers to ^___^ after each national census, as required by the Constitution.

reallocating electoral votes among the states

redrawing of congressional district boundaries

reviewing the impact of immigration policies

renewing public financing of federal campaigns

Article I, section 8, of the Constitution enumerates the powers of Congress in ^___^ specific clauses.

The last clause of Article I, section 8, of the Constitution contains the ^___^ with regard to the power of Congress.

privileges and immunities clause

necessary and proper clause

due process clause

equal protection clause

Since 2000, Congress has averaged about ^___^ days in session each year.

130

135

140

None of the above, since members of Congress serve full-time

Which of the following statements is not true regarding the membership of Congress?

Members come disproportionately from the legal profession and have practiced law.

Members come disproportionately from the business world of small, often private, or familyowned, businesses.

A high percentage of members have occupied senior positions in the corporate or financial world.

Nearly all members have college degrees.

In the 115th Congress, are women in the majority or the minority as members of the Congress?

Women are in the majority.

Women are in the minority but they are close to a majority with about 45 percent of the membership of the Congress.

Women are in the minority with about 19 percent of the congressional membership.

There are in fact no current members of Congress who are women.

139

How is member turnover in U.S. Congress defined?

the proportion of new members from one party to the other

the proportion of new state districts from one census to the next

the proportion of new members from one Congress to the next

Turnover does not apply to the Congress; it only applies to the presidency.

According to Edmund Burke, an eighteenth-century British thinker, as an elected representative to Parliament, ^___^.

a representative should not listen to his constituents because he is bound to vote according to the wishes and views of his party

a representative does not need to listen to his constituents because ultimately he must use his own judgment on how to vote

a representative should listen to his constituents because he is bound to vote according their wishes and views

a representative should listen to his constituents but ultimately he should use his own judgment on how to vote

With whose understanding of the proper role of an elected representative did Alexander Hamilton agree?

Edmund Burke

Thomas Jefferson

Both of the above

None of the above

According to the trustee view of representation, ^___^.

representatives should listen to their constituents but use their own expertise and judgment to make decisions about public issues

the representative’s principal role is to reflect the views and protect the interests of his or her own constituents

representatives should follow constituent opinion when that is clear and his or her own judgment or political interest when constituency opinion is amorphous or divided

None of the above

140

According to the delegate view of representation, ^___^.

representatives should listen to their constituents but use their own expertise and judgment to make decisions about public issues

the representative’s principal role is to reflect the views and protect the interests of his or her own constituents

representatives should follow constituent opinion when that is clear and his or her own judgment or political interest when constituency opinion is amorphous or divided

None of the above

According to the politico view of representation, ^___^.

representatives should listen to their constituents but use their own expertise and judgment to make decisions about public issues

the representative’s principal role is to reflect the views and protect the interests of his or her own constituents

representatives should follow constituent opinion when that is clear and his or her own judgment or political interest when constituency opinion is amorphous or divided

None of the above

In the 2016 elections, fully 97 percent of House incumbents and 90 percent of Senate incumbents ^___^ their seats.

retained

lost

resigned

None of the above, since these percentages are far too high

Since political parties span the separation of powers, it is the responsibility of the ^___^ to organize both chambers of Congress and assign committee responsibilities according to party affiliation.

president

Supreme Court

Republican or Democratic National Committee

None of the above

141

In each chamber of Congress, the position of whip serves as an assistant to the ^___^.

Speaker

leader of the party

president pro tempore

vice-president

The leaders in both houses of Congress derive their formal powers from ^___^.

the Constitution

the rules of each house

the political parties

their centrality to all that is happening

The leaders in both houses of Congress derive their informal powers from ^___^.

the Constitution

the rules of each house

the political parties

their centrality to all that is happening

The House Speaker’s principal deputy is the ^___^.

majority leader

minority leader

whip

None of the above

One of the majority whip’s jobs is to ^___^.

set the legislative agenda and maintain communication with the committees

encourage support among members of the majority party for the positions of the party

decide whether to determine whether and refer legislation to one how a bill will reach the committee or to floor for debate several

One of the minority whip’s jobs is to ^___^.

set the legislative agenda and maintain communication with the committees

encourage support among members of the majority party for the positions of the party

decide whether to mobilize and hold refer legislation to one together opposition to committee or to the majority’s agenda several

The modern Speaker presides over the ^___^ and sets its agenda.

House

Senate

Both of the above

142

None of the above

The legislative device of “unanimous consent” suggests that the Senate’s ability to proceed to a particular piece of business can be denied by ^___^.

a presidential veto

the Speaker of the House

a single senator

a court order

The Constitution specifically provides that the Senate appoint a ^___^ to preside in the absence of the vice president.

majority leader

minority leader

president pro tempore

Speaker

Most of Congress’ work is done in ^___^.

districts

committees

campaigns

caucuses

The division of labor in Congress refers to the ^___^.

system of permanent standing committees with fixed committee jurisdictions

constitutional division of Congress into two separate chambers

overlapping structure of separation of powers between the legislative and executive branches

All of the above

Which one of the following statements is true regarding the legislative work of Congress?

Legislative work involves both enacting legislation and oversight but does not involve investigation of executive branch activities.

Legislative work involves both enacting legislation and oversight and investigation of executive branch activities.

Legislative work does not involve enacting legislation but it does involve oversight and investigation of executive branch activities.

Legislative work does not involve enacting legislation and oversight and does not involve investigation of executive branch activities.

143

While Senate committee jurisdictions are generally respected, since the mid-1980s, leaders have created special task forces to manage critical bills, such that committee chairs and members have ^___^ control than they would in the normal committee process.

less

Both of the above, depending on the bill

None of the above

Which one of the norms is not an expectation of members of the House and the Senate?

collaboration norm

specialization norm

reciprocity norm

seniority norm

In Congress, the specialization norm refers to the expectation that members will ^___^.

defer to the expertise of other members as long as other members will do the same

develop subject matter expertise upon which their committee members may depend

give the opportunity to chair a committee to the member with the longest continuous service on that committee

participate in cross-party efforts to seek compromise when writing legislation on authorization committees

In Congress, reciprocity norm refers to the expectation that members will ^___^.

defer to the expertise of other members as long as other members will do the same

develop subject matter expertise upon which their committee members may depend

give the opportunity to chair a committee to the member with the longest continuous service on that committee

participate in cross-party efforts to seek compromise when writing legislation on authorization committees

In Congress, seniority norm refers to the expectation that members will ^___^.

defer to the expertise of other members as long as other members will do the same

develop subject matter expertise upon which their committee members may depend

give the opportunity to chair a committee to the member with the longest continuous service on that committee

participate in cross-party efforts to seek compromise when writing legislation on authorization committees

144

The most important committees in Congress are the standing committees because they have ^___^.

fluid jurisdictions that automatically continue from one Congress to the next

fixed jurisdictions that do not automatically continue from one Congress to the next

fluid jurisdictions that do not automatically continue from one Congress to the next

fixed jurisdictions that automatically continue from one Congress to the next

Which one of the following statements is true regarding staff assistance for members and committees in Congress?

Congressional members and committees share the same staff assistance.

Congressional members have their own office staff separate from the staff serving committees.

Only congressional members have an office staff; committees have no staff assistance.

Only congressional committees have staff assistance; each member has no office staff.

Which of the following statements is true regarding the membership size of each chamber of Congress and the number of committees on which each member serves?

Each member of the House serves on more committees and subcommittees than a senator.

Each senator serves on approximately the same number of committees and subcommittees as a member of the House.

Each senator serves on exactly the same number of committees and subcommittees as a member of the House.

Each senator serves on more committees and subcommittees than a member of the House.

Which one of the following nonpartisan agencies does not provide research and analysis to Congress?

General Accountability Office (GAO)

Congressional Budget Office (CBO)

Government Publishing Office (GPO)

Congressional Research Service (CRS)

When a member of the House or Senate introduces a bill, that member is designated as the bill’s ^___^.

supporter

sponsor

advocate

leader

145

A referral in Congress is the ^___^.

act by which a subcommittee defers action on a bill until its hearings have been completed

method by which a donation may be legally made to the congressional campaign committee

process by which a bill is referred or assigned to a standing committee for initial consideration

Any of the above

The term ^___^ is when a bill is divided into sections, and the relevant sections are sent to different committees.

sequential referral

concurrent referral

split referral

open referral

The term ^___^ is when a bill is sent first to one committee and then to another.

sequential referral

concurrent referral

split referral

open referral

Essentially, there exist three stages of consideration by a committee that has been sent a bill. Which one of the following is not one of the stages?

public hearings

report

markup

reconciliation

Calendars are used in each chamber of Congress for the purpose of ^___^.

scheduling committee and subcommittee hearings

assigning days and times for sessions with majority and minority leaders

listing bills that are awaiting action by the full chamber

All of the above

The House Rules Committee sets the conditions for debate and amendment of bills on the floor with a rule that lays out ^___^.

when the bill will come up for floor consideration

how long debate on the bill will run

what kinds of amendments, if any, will be permitted

All of the above

Which one of the following is not one of the main stages of floor consideration of proposed legislation by the House?

general debate

amending

filibuster

a vote on final passage

146

Which one of the following statements is not true regarding the Senate’s filibuster?

Each senator enjoys the right of unlimited debate.

Filibusters are only employed on critical issues and thus rarely used.

By threatening to filibuster, a senator may place an informal “hold” on a bill without actually speaking.

A filibuster may be stopped with a favorable vote of cloture.

In the Senate, a vote of cloture is used to ^___^.

discharge a proposed bill held by a conference committee

override a presidential veto of legislation passed by Congress

adjourn formal legislative sessions for a congressional recess

halt a filibuster attempt to block proposed legislation

In the Senate, the label “nuclear option” has been used to refer to ^___^.

a decision to approve the president’s use of nuclear weapons on a one-time basis

a simple majority vote to approve a long-held and important Senate rule change

a Supreme Court ruling that all commonly employed legislative vetoes are now unconstitutional

an economic recession that diminished government revenue resulting in a mandatory reduction in domestic spending

When in power, the Democrats used the nuclear option to declare that filibusters would be out of order ^___^.

only on executive and judicial nominees, though not on Supreme Court nominees

on all matters except legislation

Both of the above

None of the above

When in power, the Republicans used the nuclear option to declare that filibusters would be out of order ^___^.

only on executive and judicial nominees, though not on Supreme Court nominees

on all matters except legislation

Both of the above

None of the above

Members of Congress are expected to be aware of and open to outside influences of ^___^.

the views of their constituents, their staffs, and their partisan colleagues and leaders

interest groups and their lobbyists

the president and his representatives in the executive branch

All of the above

147

For members of the House of Representatives, the term “constituents” refers to ^___^.

the voters in his or her district

lobbyists who represent diverse interest groups

officials of federal agencies of the executive branch

All of the above

The term “casework” refers to the active and direct problem-solving by members of Congress or their staff on behalf of ^___^.

donors

lobbyists

constituents

colleagues

When facing recalcitrant or unresponsive federal agency on behalf of their constituents, Congress’ primary leverage is control over ^___^.

intent

personnel

hearings

funding

Each year, the Congress is faced with which one of the following actions of the president?

the State of the Union message

submission of an annual budget

Both of the above

None of the above

The term “reconciliation” refers to the process in Congress to resolve ^___^.

differences between the House and Senate versions of a bill on the same topic passed in both chambers

differences if appropriations bills approve more spending than the spending targets permit

separation of powers disputes between a diplomatic and a military solution to an international crisis

All of the above

Which one of the following statements is true regarding the passage of legislation in the design of Congress?

Congress was designed to move quickly and to make it much harder to stop things from happening than to make them happen.

Congress was designed to move slowly and to make it much harder to stop things from happening than to make them happen.

Congress was designed to move quickly and to make it much easier to stop things from happening than to make them happen.

Congress was designed to move slowly and to make it much easier to stop things from happening than to make them happen.

148

The Legislative Reform Act of 1970 was designed to ^___^.

open Congress to greater public scrutiny

enhance Congress’ decision-making capabilities in key areas

empower the majority party in Congress

All of the above

The public’s expectations of members of Congress include ^___^, even these expectations are rarely fulfilled.

responsiveness

efficiency

morality

All of the above

Although it continuously engages in institutional reform to meet the public’s expectations, Congress’ public approval rating in 2016 was ^___^ percent.

The U.S. Constitution envisioned a powerful national government with a ^___^ at its center.

bicameral legislature

strong presidency

vibrant judiciary

participatory citizenry

Constitutionally, “the power of the purse” rests with the ^___^.

House

Senate

president

courts

Which two of the following are examples of power committees in the House?

b, d

Agriculture

Ways and Means

Judiciary

Rules

Which two of the following are examples of power committees in the Senate?

a, d

Appropriations

Select Ethics

Armed Services

Finance

Multiple-Select Multiple Choice

149

^___^ of members of Congress have a net personal wealth of ^___^.

c, d

nearly $1 million

Nearly half

More than half

$1 million or more

Through most of the nation’s history, commitment to politics as a career was ^___^ and the average congressional turnover was ^___^.

a, c

uncommon

low

high

common

According to Thomas Jefferson, the elected representative should ^___^ and ^___^.

b, d

not listen to his constituents

mirror the broader community

use his own judgment on how to vote

reflect the views and interests of his constituents

Fundamentally, the House operates by ^___^, whereas the Senate operates by ^___^.

d, a

consensus

diversity

light enforcement of its rules

close enforcement of its rules

The Constitution declares that the ^___^ shall preside over the Senate, although ^___^ voting except in cases of a tie.

c, b

Speaker

without

vice president

with

Members of the early House and Senate were wary of ^___^ and preferred to set policy in ^___^ debate.

b, a

open

committees

closed

caucuses

The division of labor in Congress is the system of permanent ^___^ committees with fixed committee ^___^.

d, a

jurisdictions

joint

assignments

standing

150

The broadest distinction that can be made among standing committees is between ^___^ and ^___^.

a, c

authorizing committees

select committees

appropriating committees

joint committees

Joint committees are made up of members from the House and Senate ^___^; whereas, conference committees are also made up of members from the House and Senate but ^___^.

c, a

charged to resolve the differences between bills on the same topic passed in the separate chambers

determine how much money will actually be spent on each government activity and program

assigned to do continuing analysis and oversight in a particular substantive area

produce particular policies or programs through legislation for consideration before being sent to the president

Which two of the following individuals may introduce a bill in Congress?

b, c

a citizen

a member of the House

a member of the Senate

the president

What are the two forms of “complex referral” of a bill used in the House?

a, c

sequential referral

concurrent referral

split referral

open referral

Post-committee changes to bills are particularly common on ^___^ where ^___^.

c, a

the pressure to assure passage is great

bills of no major interest to either party

key majority party bills failure to pass them has no discernible impact on voters

The ^___^ Rules Committee sets the ^___^.

d, a

conditions for debate and amendment of bills on the floor

Senate

expectations for each committee before scheduling hearings on a bill

House

Bills cannot be sent from the Congress to the president for approval until they have been passed in identical form by both the ^___^ and the ^___^.

b, d

president

Senate

Supreme Court

House

151

The budgetary process in Congress sets the government’s priorities by making explicit decisions about ^___^ and ^___^.

a, d

revenues

contributions

deductions

expenditures

On the revenue side of the budgetary process, the basic questions are ^___^; while on the expenditure side, the basic questions are ^___^.

c, b

What kind of campaign fundraising will be used and who will be identified as donors?

How much money will be spent, on which programs, and for whose benefit?

How much money is to be raised, through what kinds of taxes and fees, and on whom will they be levied?

How will campaign funds be spent, including which forms of social media will be preferred versus hiring staff to get out the vote?

The federal budget is prepared in two major phases; the first occurs in the ^___^, the second in the ^___^.

d, a

legislative branch

judicial branch

federative branch

executive branch

Which two of the following government agencies are key players in the development of the federal budget?

b, c

General Accountability Office (GAO)

Congressional Budget Office (CBO)

Office of Management and Budget (OMB)

Congressional Research Service (CRS)

The Legislative Reorganization Act of 1946 sought to ^___^ the efficiency and effectiveness of the Congress by ^___^ the number of standing committees in the House and Senate.

a, c

enhance

diminish

reducing

increasing

True-False Representatives who rely on their personal judgment are using the delegate model.

FALSE

Incumbents have a re-election advantage.

TRUE 152

All forms of gerrymandering are illegal.

FALSE

Party leaders in the Congress have exclusively partisan roles.

FALSE

The population of each state determines how many seats in the U.S. Senate that state gets.

FALSE

The experience in colonial legislatures was consistently that of the people’s representatives standing up to seemingly tyrannous royal governors.

TRUE

The Constitution lists the qualifications for service in the U.S. Congress with regard to age, citizenship, and residency; but, it also permits Congress to add to these qualifications via federal law.

FALSE

The membership of Congress has always been drawn from the nation’s economic, social, and educational elite.

TRUE

Between 1946 and 2016, 94 percent of House incumbents and 82 percent of Senate incumbents who stood for reelection were returned to office.

TRUE

In the modern Congress, party leaders depend somewhat less on seniority and somewhat more on ideology, effectiveness, and fundraising prowess in selecting committee chairs.

TRUE

With regard to the specialization norm In Congress, senators tend to be more generalists than specialists. Increasingly, key bills, often the most important bills of the session, and usually the top priorities of the majority party, are removed from some or all of the committee process.

TRUE TRUE

The Senate moves slowly and by negotiation, rather than in accord with formal rules and procedures as the House does.

TRUE

Although many members of Congress would prefer to use new online communication tools to stay in touch with their constituents, both House and Senate rules prohibit any use of social media.

FALSE

When members of Congress are not driven to a particular decision on a particular legislative matter by wellformed constituency opinion, they are required by House rules to support the party position.

FALSE

Members of Congress often value interest groups and lobbyists for the knowledge and information that they can bring to the lawmaking process.

TRUE

The process of preparing the federal budget seldom runs smoothly and frequently produces great conflict between the president and Congress.

TRUE

153

Open Is popular sovereignty a practical reality or only an idea with no real-world weight? Explain why. Can a Congressperson accurately and effectively represent a demographic community to which he or she does not belong? Why or why not? Should terms for House members be lengthened? What would be the advantages and disadvantages? Discuss the process of how a bill becomes a law in the traditional manner within the U.S. Congress. Discuss the development of the committee system in Congress. Discuss the role of the Congress as the center of our national political system. Is this true in practice? If it isn’t, should it be? Differentiate the House from the Senate in as many nuanced ways as possible. Contrast the trustee and delegate models of representation. Contrast authorization processes with appropriations processes in the House and Senate. Discuss the relationship between the institutional and leadership structures of the Congress. Discuss the staff structure of the Congress, including differences between the two chambers. Discuss the various political dynamics at work every ten years when it comes time to redraw congressional district boundaries. Discuss how it is that members of Congress commonly bring considerable political experience with them to Washington, D.C. Discuss to what extent you believe that the motivation for reelection, strong attention to policy matters, or gathering more power within Congress explains extraordinarily high reelection rates to Congress. Compare and contrast the roles of the leaders of the majority party and the leaders of the minority party in Congress. Discuss the strengths and weaknesses of the seniority system in Congress. Discuss why House committees and their chairs are less powerful now than they were in the 1950s and 1960s. What has changed? Discuss the three stages of consideration by a congressional committee regarding a bill that has been through it. Discuss the three kinds of rules or special orders that the House Rules Committee produces to set the conditions for debate and amendment of bills on the floor of the House chamber. Discuss the similarities of, and differences between, the House Committee of the Whole and the House members as a whole. 154

Do you agree, as has been recently argued, that filibusters and cloture votes are symptoms of the wider disease of excessive partisanship? Why or why not? Discuss in what ways empowered majorities in Congress tend to limit the rights of minorities and to tighten those limits over time as they seek to enact their agenda.

155

Chapter 9 – The Executive Branch: The President, the Bureaucracy, and Executive Power – Test Bank for Brief Ed. Single-Select Multiple Choice Question

Answer

Regulatory commissions are composed of ^___^.

single executives

state governors

bi-partisan boards

legislative committees

Which one of the following is a tool for judicial oversight of bureaucratic agencies? What is bureaucracy?

court orders

hearings before Congress

executive orders

All of the above

A hierarchical organization in which offices have specified missions and employees are assigned responsibilities based on merit, knowledge, and experience

An egalitarian organization in which offices have generalized missions and employees are assigned responsibilities based on patronage, seniority, and personality skills

A hierarchical organization in which offices have specified missions and employees are assigned responsibilities based on patronage, seniority, and personality skills

A democratic organization in which offices has patriotic responsibilities based on service, dedication to duty, and mission statement

What differentiates a bureaucrat from other types of government officials like elected office holders or political appointees?

The size of their salaries

The amount of responsibility they have

The nature of their employment: bureaucrats are temporary and the others are permanent

The nature of their employment: bureaucrats are permanent and the others are temporary

156

The structure of the national bureaucracy includes what three elements?

Cabinet departments, regulatory agencies, and government corporations

Cabinet departments, regulatory commissions and government boards

Cabinet departments, regulatory agencies and government commissions

All of the above

Regulatory commissions are defined as ^___^.

Commissions headed by bipartisan boards charged with developing, implementing, and adjudicating policy in their area of responsibility

The same thing as a government commission

Any minor board that provides access to government for specific interests

Any government corporation organized and administered for major undertakings

The Federal Reserve is ^___^.

a service department

an independent regulatory commission

a government corporation

None of the above

Which one of these was an original cabinet-level department?

State

Interior

Federal Reserve

Securities and Exchange Commission

What event spurred the establishment of the most recent cabinet-level department?

World War II

The Great Society

The Progressive Movement

Terrorist attack on 9-11

Prior to the Bush administration, when did the last major reorganization of the federal bureaucracy occur?

In the late 1940s

In the mid-1960s

In the late 1970s

In the late 1980s

157

What do the three sources of executive control over the bureaucracy have the potential to do?

Enhance coordination and accountability in government

Limit coordination in order to facilitate accountability in government

Enhance coordination and limit congressional oversight of the government

Increase executive accountability while decreasing legislative dependence

Do presidents choose the top officials of the executive bureaucracy alone?

Yes

No, the Senate must confirm many of the appointments

No, the House must confirm many of the appointments

Both of the last two options

The president fulfills the function of ^___^.

President of the Senate

Chief Legislator

Chief Justice

All of the above

Which one of the following statements about unitary executive theory is true?

The George W. Bush administration was a proponent of the theory

The central tenet of the theory is that Presidents and VicePresidents should be conceived of as a unified actor (with “equal and concurrent” power)

The Barack Obama administration advocated the theory

Both of the first two options

Which one of these statements accurately describes the Constitution’s allocation of national security policymaking authority?

It concentrates that authority exclusively in the hands of the presidency.

It divides that power by making the Congress the commander-in-chief and giving the president the power to declare war.

It divides that power by making the president the commander-in-chief and giving Congress the power to declare war.

The Constitution does not mention national security policymaking authority.

In which constitutional article is the “executive power” established?

Article I

Article II

Article III

Article IV

158

Which one of the following executive powers did the founders grant to the presidency without any checks from the legislative or judicial branches?

authority of foreign affairs

pardon power

legislative veto

None of the above

With which one of the following institutions does the president share treaty making powers?

The House of Representatives

The Congress

The Supreme Court

The Senate

What is the appointment power?

The power of the president to appoint senior government officials

The power of the president to appoint members of the federal judiciary alone

The power of the president to confirm senatorial appointments to the federal bureaucracy

The power of the House to confirm presidential appointments to the federal bureaucracy and judiciary

What is impeachment?

The process of removing congressmen from their respective chambers for misconduct

The process of removing any national government official from office

The process of removing presidents alone from office

The process of removing executive branch officials alone from office

Inherent powers is defined as ^___^.

Powers held by all sovereign nations allowing executives to take actions required to defend the nation and protect its interests

Powers held by all sovereign nations allowing the legislative branch to take actions required to ensure steady commerce and domestic order

Powers held by all sovereign nations allowing the judicial branch to take actions required to ensure a constitutional balance of prerogatives among the various branches of the national government

Powers moving away from sovereign nations to the international system as a result of the processes of globalization

159

The constitutional role of Chief Executive is understood to mean ^___^.

the president shares control over the executive branch with the Congress

the president is the head of the executive branch with its attendant bureaucracy in order to enforce this country’s national laws

the president is the head of the executive branch with its attendant bureaucracy in order to make this country’s national laws

the president is the head of the executive branch with its attendant bureaucracy in order to interpret this country’s national laws

The constitutional role of Commander in Chief is understood to mean ^___^.

the president, a military officer, is the head of the armed forces of this country during both peace and war

the president, a civilian, is the head of the armed forces of this country in war but not peace

the president, a civilian, is the head of the armed forces of this country in peace but not war

the president, a civilian, is the head of the armed forces of this country in peace and war

Define the Cabinet as it relates to the presidency.

The secretaries of the 15 executive departments and other officials who head those departments and consult with the president when called upon to do so

The secretaries of the 20 executive departments and other official who head those departments and consult with the president when called upon to do so

Another name for the Executive Office of the President (EOP)

The department heads in the congressional bureaucracy who consult with the president when called upon to do so

Where does the White House Staff fall organizationally within the presidential establishment?

It is a part of the Cabinet.

It is a part of the OMB.

It is a part of the EOP.

It is a part of the DOD.

What did the War Powers Resolution attempt to do?

Restrict the president’s unilateral war making power

Expand the president’s unilateral war making power

Restrict Congress’ unilateral war making power

None of the above

160

Why is the legislative clearance function so important within the OMB?

It ensures that legislative priorities are attended to by bureaucratic agencies.

It ensures that the legislative requests by executive branch agencies comport with the president’s program.

It ensures that the executive requests to the legislature are given their due hearing in committees and sub-committees.

The legislative clearance function is done by the CBO not the OMB.

Did the National Security Council exist prior to World War II?

Yes

Who was the most influential vicepresident in U.S. history?

Walter Mondale

George H.W. Bush

Al Gore

Dick Cheney

Which presidential institution was established by the Executive Reorganization Act of 1939?

Office of Management and Budget

The Bureau of the Budget

National Security Council

Executive Office of the President

When did the growth of presidential power fully manifest itself?

During the eighteenth and nineteenth centuries

During the nineteenth century exclusively

During the nineteenth and twentieth centuries

During the twentieth and twenty-first centuries

One of the legislative powers of the presidency is the veto. Another is ^___^.

the power to dismiss the legislature

the power to take care that the laws be faithfully executed

the power to propose measures to the Congress for their consideration

the power to declare war

Which one of the following achievements did not occur during the Obama administration?

Signed into law the first major national healthcare program in more than 50 years

Signed into law No Child Left Behind, a sweeping overall of education in the U.S.

Brought the U.S. out of the Great Recession, albeit with slow but steady economic growth

Reduced major military commitments in Afghanistan and Iraq and prevented overcommit to other trouble spots like Libya and Syria

The unitary executive theory is also known as the ^___^.

weak legislative theory

strong presidency theory

tepid court theory

weak state theory

161

As the emergency of 9/11 receded in the public mind, opposition built in ^___^ to the expanding presidential authority claimed by the Bush administration.

the courts

public opinion

Congress

All of the above

In the case of Hamdan v. Rumsfeld (2006), the Supreme Court held that the Bush administration’s claim of unitary executive power with regard to 9/11 ^___^ constitutional limits.

were well within

had exceeded

Both of the above

None of the above

When presidents claim unitary executive power, Congress and the courts respond with the doctrine of ^___^.

federalism

due process

separation of powers

equal protection of the laws

Which one of the following statements is true regarding the presidency?

Since governing responsibilities are shared with Congress, the presidency does not stand out as the chief point of reference.

The president is in charge of the national government.

Constitutional authority and political resources are shared by the president, Congress, and the courts.

The popular understanding of the power of the presidency aligns with the office’s constitutional authority.

The “take care” clause of Art. II, section 3, of the Constitution requires that the president ^___^.

comprehensively audit administrative laws on government agencies

effectively coordinate proposed laws with both houses of Congress

efficiently administer the laws that Congress has passed

thoroughly assess Supreme Court decisions on the limits of proposed laws

162

The treaty-making power of the federal government refers to ^___^.

the power of the president to make arrangements between the federal and state governments on border issues

the power of the president, with the advice and consent of the Senate, to make treaties with foreign nations

the power of the president to negotiate an agreement with foreign governments that do not require confirmation by the Senate

None of the above

The executive agreements of the presidency refer to ^___^.

the power of the president to make arrangements between the federal and state governments on border issues

the power of the president, with the advice and consent of the Senate, to make treaties with foreign nations

the power of the president to negotiate an agreement with foreign governments that do not require confirmation by the Senate

None of the above

Which one of the following statements is true regarding the founders’ decision regarding peace and war?

The president was given the responsibility and power to “raise and support” armies and navies and to “declare war.”

The Founders were quite clear that the choice of peace and war that had rested with the monarchs of Europe would also be given to the president.

The Congress was given the responsibility and power to “raise and support” armies and navies and to “declare war.”

The Congress was given the responsibility and power to “raise and support” armies and navies but only the president could “declare war.”

For which one of the following branches only does the Constitution provide an oath of office? The formal or constitutional powers of the presidency have been supplemented by ^___^ powers.

Congress

Presidency

Courts

All of the above

expressed

enumerated

informal

concurrent

163

According to Article II, section 2, of the Constitution, the president has the power to grant ^___^ for offenses against the United States except in cases of impeachment.

reprieves

pardons

Both of the above

None of the above

Which one of the following statements is true regarding the president’s veto power?

The Supreme Court has held that the power to veto legislation it is an inherent power of the presidency.

The use of the veto power by the president is automatically subject to review by the Supreme Court.

If the president vetoes a bill from Congress, he must return the bill with his objections.

None of the above

Which one of the following statements is true regarding the impeachment process of federal government officials?

The act of impeachment refers only to charges brought against an official.

The act of impeachment refers only to the official’s conviction at trial.

The act of impeachment refers to charges brought against an official and the official’s conviction at trial.

None of the above

After a federal government official has been impeached, a ^___^ vote of senators is required to convict.

simple majority

three-fifths

two-thirds

three-fourths

Presidents Andrew Johnson and Bill Clinton were ^___^.

impeached but not convicted

impeached and convicted

convicted but not impeached

None of the above

The decision to impeach the president, let alone to convict, is ^___^.

a political but not a legal judgment

a legal but not a political judgment

a political and a legal judgment

neither a legal nor a political judgment

164

Which one of the following statements is true regarding party control of Congress and the likely possibility of impeaching the president?

A president whose party controls either house of Congress, let alone both, is likely to be impeached and highly likely to be impeached and convicted.

A president whose party controls either house of Congress, let alone both, is unlikely to be impeached but highly likely to be impeached and convicted.

A president whose party controls either house of Congress, let alone both, is likely to be impeached but highly unlikely to be impeached and convicted.

A president whose party controls either house of Congress, let alone both, is unlikely to be impeached and highly unlikely to be impeached and convicted.

As the twentieth century dawned, the United States was becoming an industrial power that prompted the adoption of the ^___^ of the presidency.

unitary theory

stewardship theory

executive theory

strong theory

Vast new executive powers that have arisen since World War II have been found in ^___^.

enumerated powers

concurrent powers

inherent powers

reserved powers

Since 1937, the Supreme Court has contributed to the growth of presidential power in domestic politics by supporting ^___^.

extensive government regulation of the economy but not of social life

extensive government regulation of the social life but not of the economy

extensive government regulation of the economy and of social life

extensive government regulation of neither the economy nor of social life

In both foreign affairs and domestic affairs, the president has ^___^.

more constitutional more distributive powers than powers than unitary informal powers powers

more informal powers than constitutional powers

more unitary powers than distributive powers

Which one of the following is not a check on the president as commander-in-chief?

State control of the militia

War Powers Resolution

Congress’ power of the purse

Congress’ right to declare war

165

In 2006, the Supreme Court found that President Bush’s proposed military commissions to try Guantanamo detainees ^___^.

were authorized by Congress and upheld the administration’s contention that the federal courts had no jurisdiction to hear the case

were not authorized by Congress and rejected the administration’s contention that the federal courts had no jurisdiction to hear the case

were not authorized by Congress but upheld the administration’s contention that the federal courts had no jurisdiction to hear the case

were authorized by Congress but rejected the administration’s contention that the federal courts had no jurisdiction to hear the case

In 2008 the ^___^ blocked the Obama administration from bringing detainees at Guantanamo, Cuba, to trial in U.S. federal courts.

Supreme Court

Congress

Cuban government

None of the above

The War Powers Resolution was passed over the veto of ^___^.

Richard Nixon

Jimmy Carter

Ronald Reagan

George W. Bush

Which one of the following requirements of the president is contained in the War Powers Resolution?

The president must consult with Congress before committing the U.S. military to hostilities.

The president must submit information to Congress within 48 hours of committing the U.S. military to hostilities.

After 60 days, the president must terminate the U.S. military’s participation in the hostilities.

All of the above

As chief diplomat, the president must nominate the leading members of the policymaking teams associated with the ^___^.

Department of State

Department of Defense

National Security Council

All of the above

Which one of the following assignments does not fall within the range of presidential responsibility?

chief diplomat

chief opinion maker

chief trade negotiator

chief legislator

166

With which one of the following tracks pursued by the U.S. international trade strategy does President Trump favor?

unilateral track

bilateral track

trilateral track

multilateral track

Which one of the following statements is a fundamental truth of the modern presidency?

The Congress needs the president more than the president needs the Congress.

The president needs the Congress more than the Congress needs the president.

Both the president and the Congress need each other equally.

Neither the president nor the Congress need each other.

Upon what does the modern president’s legislative leadership depend?

annual preparation of a budget to submit to Congress

annual preparation of a legislative program to submit to Congress

Both of the above

None of the above

Which one of the following statements is true regarding a president’s legislative success?

Presidents have more legislative success later in their terms than they do earlier in their terms.

Presidents have more legislative success earlier in their terms than they do later in their terms.

Presidents have equal legislative success regardless of where they are in their terms.

Presidents rarely have any legislative success regardless of where they are in their terms.

Which of the following statements is true regarding a president’s first year in office?

George W. Bush won an extensive package of tax cuts and his No Child Left Behind education bill.

Barack Obama pursued health care reform to completion.

Donald Trump passed a major tax reform bill.

All of the above

With regard to public opinion polls, Donald Trump’s early job approval ratings were ^___^.

the lowest in modern times

lower than George W. Bush but higher than Barack Obama

lower than Ronald Reagan but higher than Bill Clinton

the highest in modern times

167

Which one of the following statements is true regarding the president as party leader?

As the titular leader of his party, the president has major influence over its activities.

The president selects his party’s national leaders.

The president can absolutely determine the positions taken by the national party in its platform.

The president exercises even more control over his party at the state and local levels.

Which one of the following presidents issued more signing statements than all previous administrations combined?

Barack Obama

George W. Bush

Bill Clinton

Ronald Reagan

Some presidents have used signing statements to ^___^ intrude on executive authority and therefore are not binding on the president.

oppose executive agreements of his predecessors with which he disagrees because they

challenge the arguments of plaintiffs suing the president as inadmissible in court because they

declare that certain provisions of legislation passed by Congress and that he signed into law

block policy decisions of independent regulatory commissions that expand the authority of Congress and thus

The American Bar Association and other critics have questioned the constitutionality of presidential signing statements because they impinge on ^___^.

Congress’s lawmaking power

the federal courts’ right to declare what is and is not constitutional

Both of the above

None of the above

While the president has the right to control the appointments of 3,400 senior policymakers, how many of these positions require Senate confirmation?

approximately 1,100

approximately 2,200

approximately 3,300

All of the above, since all presidential appointments require Senate confirmation

Which one of the following branches of government has the exclusive right to control and direct federal bureaucracies?

president

Congress

courts

All of the above

168

Given the fact that the president, Congress, and the courts all have important constitutional and legal roles in organizing and monitoring federal bureaucracies, a clearer term than that of “separation of powers” might be “separated institutions ^___^”.

merging power

sharing power

concentrating power

increasing power

Federal bureaucracies have become an increasingly accurate reflection of the society it serves, especially with regard to ^___^.

blacks

Hispanics

women

All of the above

The ^___^ is the basic organizational unit of the federal government.

commission

department

agency

bureau

The addition of departments of the federal government have appeared in three broad waves. The first wave was formed to serve the needs of ^___^.

specific clientele groups

basic tasks of government

general social services

None of the above

The addition of departments of the federal government have appeared in three broad waves. The second wave was formed to serve the needs of ^___^.

specific clientele groups

basic tasks of government

general social services

None of the above

The addition of departments of the federal government have appeared in three broad waves. The third wave was formed to serve the needs of ^___^.

specific clientele groups

basic tasks of government

general social services

None of the above

169

Which one of the following statements is not true regarding cabinet members?

They are dependent on Congress for approval of their programs and budgets.

They can be removed from their office only with the consent of the Senate.

They remain subject to congressional scrutiny and investigation.

They have been confirmed in their positions by the Senate.

Today, the executive branch oversees ^___^ independent regulatory commissions.

Which one of the following statements is not true regarding entities listed in the 2017–2018 U.S. Government Manual?

These entities are more technical than political.

These entities generally lack explicit partisan balance.

These entities are of various designs.

These entities are designed according to the pattern of independent regulatory commissions.

Which one of the following statements is not true regarding the president, Congress, and bureaucracies?

The president and the Congress struggle to control the bureaucracy.

The bureaucracies take directions from many sources in government.

The president is “in charge” of the bureaucracies in some direct and unambiguous sense.

The courts act as arbiters between the president and the Congress over legal control of bureaucracies.

The president exercises influence over the bureaucracy through his ^___^.

power of appointment

power to propose new programs and budgets

power to restructure and reorganize

All of the above

The Congress exercises influence over the bureaucracy through its ^___^.

power to grant or refuse new programs and funding

power to confirm nominees (Senate)

power to engage in oversight and investigation

All of the above

With regard to the bureaucracy, the judiciary has the power to intervene to ^___^.

resolve disputes over interpretation of statutes

monitor due process and fairness

Both of the above

None of the above

170

Which of the following statements is not true regarding presidents and their approaches to bureaucracies?

Sometimes presidents seek to upgrade communications, personnel, and financial systems

Presidents never attempt to reorganize the departments, agencies, and bureaus of the federal government.

Every president seeks to reorganize the bureaucracy.

Sometimes president’s divide departments into two or even create new departments.

“Cabinet government” refers to the president’s ^___^.

willingness to look to members of the Executive Office of the President before his cabinet as his most prominent sources of advice

willingness to look to members of his National Security Council before his cabinet as his most prominent sources of advice

willingness to look to members of his cabinet as his most prominent sources of advice

None of the above

The Executive Office of the President was established as part of an attempt to ensure that the president had adequate ^___^ support.

financial

campaign

legislative

staff

President Trump’s initial cabinet was heavy with ^___^.

a balancing of positions by gender, race, ethnicity, and region

inexperienced but educated youth with no experience in government

older, white, male, businessmen and generals

None of the above

171

The White House staff is organized to ^___^.

get the right people and information to the president

transmit the president’s decisions and the reasons for them to departments, Congress, and the public

Both of the above

None of the above

The main responsibility of the OMB is to ^___^.

assisting the president in preparing the annual budget

ensure that the legislative priorities of the departments and agencies of the executive branch comport with the president’s program

monitor the implementation of programs to ensure that they are both effective and costefficient

All of the above

Which one of the following is not a “statutory member” of the National Security Council?

president

vice president

secretary of state

director of the CIA

Which one of the following is not a “statutory advisor” to the National Security Council?

chairman of the Joint Chiefs of Staff

director of the CIA

secretary of defense

director of the Arms Control and Disarmament Agency

Program implementation is made difficult by ^___^.

the presence of imprecise and contradictory goals

fragmentation and faulty coordination

imprecise measures of success

All of the above

In contrast with the monarchies of Europe, the Founders had ^___^ view of executive power.

the same

a narrower

a broader

None of the above

Multiple-Select Multiple Choice

172

The following forms of executive leadership served as models for the American presidency.

b, d

The Pope

Crown Governors

King of France

State Governors

With regard to identifying the limit of presidential powers, which two of the following theories are in competition with each other for attention?

a, d

unitary executive

legislative oversight

judicial review

separation of powers

Most of the delegates arriving in Philadelphia in the summer of 1787 for the Constitutional Convention were convinced that executive power had to be both ^___^ and ^___^ simultaneously.

a, b

enhanced

restrained

avoided

embraced

After a difficult and challenging presidential campaign, Donald Trump entered the presidency with the nation in a state of ^___^ and ^___^ distress.

b, d

war-weary

political

economic

emotional

Most of the president’s executive powers are hedged about with ^___^ and ^___^ checks.

a, c

judicial

federal

legislative

international

In the impeachment process of federal government officials, the ^___^ brings charges against the official while the ^___^ conducts the trial.

b, d

Supreme Court

House

special prosecutor

Senate

173

The modern presidency was largely defined by Franklin Delano Roosevelt’s dramatic responses to ^___^ and ^___^.

b, d

World War I

World War II

Recession

Depression

Which two of the following cases are examples of presidents finding it easier to lead in foreign policy than in domestic policy?

b, d

Bill Clinton and military relations with Russia

George W. Bush and the wars in Afghanistan and Iraq

Barack Obama and Libyan terrorists

Donald Trump and North Korea’s nuclear weapons

The ^___^ is more dominant in foreign affairs because of ^___^.

b, d

Congress

President

the constitutional power to declare war

superior sources of information

Which two of the following were key aspects of the post–World War II period that led to broad changes in the constitutional positions of Congress and the president in regard to war-making?

a, c

creation of a worldwide network of defense treaties

the militaryindustrial complex that kept the economy on a war footing

the U.S. policy of “containment” directed against the Soviet Union, China, and communism

Supreme Court decisions that struck down nearly all congressional anti-war legislation

In 2006, the Supreme Court ^___^ the Bush administration’s plan to try Guantanamo detainees before ^___^.

b, d

civilian courts

rejected

affirmed

military commissions

In 2008, the Supreme Court ^___^ the Obama administration’s plan to try Guantanamo detainees before ^___^.

c, a

civilian courts

rejected

affirmed

military commissions

174

Which two of the following tracks does the United States pursue in its two-track international trade strategy?

a, d

bilateral negotiations with nations with whom the United States has a significant trade deficit

bilateral trade agreements that lower trade barriers either regionally or globally

multilateral negotiations with nations with whom the United States has a significant trade deficit

multilateral trade agreements that lower trade barriers either regionally or globally

^___^ tend to use their leverage over the bureaucracy to ^___^.

b, a

limit its intrusion into the private sector

Republican presidents

insure that federal laws and regulations are closely followed

Democratic presidents

^___^ tend to empower the bureaucracy to ^___^.

d, c

limit its intrusion into the private sector

Republican presidents

insure that federal laws and regulations are closely followed

Democratic presidents

Which two of the following administrative approaches have presidents used to staff the White House?

b, c

the model of a wheel on which each spoke, each key staffer, leads directly to the president

the model of concentric circles on which staffer authority increases inversely to the circumference of the circle

a hierarchical staff design in which lines of authority and reporting are clear

a democratic staff design in which lines of authority overlap and are collaborative

Vice President Pence’s experience as ^___^ and ^___^ gave him valuable knowledge that President Trump did not have when he became president.

b, c

a member of the Senate

a member of the House

governor

ambassador

True-False Cabinet level department heads have the title of Secretary

TRUE

Congress's impeachment power extends only to the president.

FALSE 175

The president shares oversight of bureaucratic agencies with Congress.

TRUE

The White House Staff is nominated by Congress.

FALSE

Executive Agreements are the same thing as treaties.

FALSE

The stature of the vice presidency has risen over the last few decades.

TRUE

A type of pardon is a reprieve.

FALSE

Essentially, debates regarding the limits of presidential authority have to do with whether or not that authority must be understood within a context of separation of powers or a context of unitary executive authority.

TRUE

As with the prior administration of George Bush, Barack Obama also advanced the unitary executive argument during his presidency.

FALSE

According to the unitary executive theory, the president is the sole authority in the executive branch and any attempt to limit that authority is unconstitutional.

TRUE

President Trump also relied on the strong presidency theory to retain Barack Obama’s executive orders on immigration, Cuba, and climate change.

FALSE

Article II, section 3, of the Constitution, which gives the president the right to propose legislation to the Congress for its consideration, provides the justification for the president’s participation in the early or agenda-setting stage of legislative activity in the Congress.

TRUE

Overriding a president’s veto is difficult. Therefore, the veto is as important as a threat as it is in actual use.

TRUE

Once federal government officials have been impeached, convicted, and removed from office, they are not subject to additional action in the state and federal courts.

FALSE

As the twentieth century dawned, the United States was becoming not only an industrial power with international political and economic interests, but also a significant military power.

FALSE

The exercise of presidential authority in domestic affairs is less complex and usually not challenged with regard to domestic policy issues.

FALSE

During the post-World War II era, presidents Increasingly came to argue that their powers as commander-inchief gave them the constitutional right to initiate hostilities and to determine their scope and duration.

TRUE

176

The president makes no attempt to control his party below the level of the national apparatus.

TRUE

Unlike officials elected or appointed to fixed terms of office, bureaucrats often make careers of public employment.

TRUE

Cabinet members well know that they have been appointed to their positions by the president and can be removed by him if he becomes dissatisfied with their work.

TRUE

There is a formal and legal hierarchy among the offices within the Executive Office of the President, but there are patterns of greater or lesser influence.

FALSE

The OMB is responsible for ensuring that the rest of the federal government reflects both the programmatic and budgetary goals of the administration.

TRUE

The presidency reached its full stature in the middle of the twentieth century just as the United States emerged as a dominant world power.

TRUE

Open How do imprecise measures of success impact the bureaucracy? Describe the structure of the American national bureaucracy. Was establishment of the Department of Homeland Security a good idea? Use the text for evidence in making your argument pro or con. Discuss the purpose of government corporations. How do they differ from other government bureaus? Describe the reasons for the evolution of the presidency from its constitutional origins to its contemporary reality. Explain the importance of the pardon power and why presidents may wait to invoke pardons until exiting office. Which president would you rank as the best and why? Should Congress or the president have war making powers? Why or why not? Why might cabinet members have divided loyalties? What should the proper role of the president be in war making? Be sure to include primary evidence from the text in your answer. Discuss the roles of the domestic policy presidency. Discuss the evolution of presidential power, especially regarding presidential-congressional relations.

177

Does the Constitution authorize a strong presidency in the way in which that idea has evolved over the last two hundred years? Be sure to include evidence drawn from your text in support of your answer to this question. Evaluate the Cheney model for the vice presidency as to whether or not it is an improvement on the role of this office within the executive branch. How has the foreign policy presidency evolved over time? Contrast the role of the Executive Office of the President with the role of the Cabinet. Was President Obama's claim of executive authority to join the Paris climate change accords a breach of the doctrine of separation of powers or was he acting under an inherent power of the presidency? Defend your response. As a general rule, presidents leave office with lower public approval ratings that when they took office. Discuss some of the reasons for this and whether or not they can be anticipated by future presidents-elect. What is the constitutional basis for signing statements, if any? In a separation of powers context, discuss what it means to say that big problems require big powers, but not necessarily powers exercised unilaterally. Discuss why the Founders were intent on focusing future presidents on the Constitution as the source of their authority and of limits on that authority. Discuss why it is difficult for Congress to override a presidential veto and the implications of the threat of a veto for Congress. Discuss why presidents find it easier to lead in foreign policy than in domestic policy. Discuss how these two constitutional clauses – “the Congress shall have Power … to declare War” (Article I, section 8) and “the President shall be Commander in Chief of the Army and Navy” (Article II, section 2) – have led to conflict between the president and Congress over constitutional war powers. As the national leader, discuss why a president’s most important relationship is with the American people. Discuss the arguments that question the constitutionality of presidential signing statements. Do you agree? Why or why not? Discuss why the most important components of the federal bureaucracy are the fifteen cabinet departments. Discuss how the president may use his fiscal powers to provide the means for centralizing control over the bureaucracy. In what way are the president’s interest and the public’s interest not the same? Given the differences, what are the challenges that a president faces when his family members play senior White House roles? What challenges do presidents face when they fail to recognize and acknowledge that they are but one participant, though a leading participant, in a system of shared powers and legal limits? 178

Is it critical that presidents think clearly about the roles of the vice president, cabinet, and White House staff? Why or why not?

179

Chapter 10 – The Federal Courts: Originalism versus Living Constitutionalism – Test Bank for Brief ed. Single-Select Multiple Choice Question

Answer

The Supreme court was originally established with six justices by which one of the following ^___^.

Congress

The President

The review of state laws that appear to conflict with the national Constitution is allowed for by ^___^.

Marbury v. Madison

Judiciary Act of 1789 The supremacy Clause

None of the above

Which one of the following courts is an example of a special court?

U.S. Tax Court

U.S. Court of Military Appeals

U.S. Court of Veterans Appeals

All of the above

Which one of the following cases laid the foundation for judicial review?

Bonham’s Case (1610)

Marbury v. Madison (1803)

Dred Scott v. Sandford (1857)

None of the above

What differentiates criminal law from civil law?

Criminal law deals with relations between individuals and organizations whereas civil law prohibits certain actions and prescribes penalties.

Criminal law prohibits certain actions and prescribes penalties whereas civil law deals with relations between individuals and organizations.

In practice, there is no difference between criminal and civil law: it is all a matter of degree of application.

In theory criminal law is law prescribed against criminals and civil law is law written for civilians in a community.

180

The First Lead Justice

D The Members of the Constitutional Convention

What is the relationship between stare decisis and precedent?

There is no such relationship.

Precedent is the principle of relying on stare decisis when making judicial decisions.

Stare decisis is the principle of relying on precedent when making judicial decisions.

None of the above

Which of the following is a necessary condition for a dispute to come before the judiciary for resolution?

There must be a complainant who alleges a specific wrong act and a respondent who denies that the act was wrong or that he or she committed the act if it was wrong.

The controversy must be justiciable.

The controversy in question must involve someone who has actually been harmed or for whom which harm is clearly imminent.

All of the above

What does ripeness involve relative to cases and the law?

It involves evaluations as to the timeliness and necessity of the case.

It is unrelated to cases and the law.

It involves the notion that the issue or dispute is appropriate for or subject to judicial resolution.

None of the above

In Federalist #78, Alexander Hamilton described the judicial branch of the federal government as the ^___^.

“in-between branch”

“least dangerous”

“most important”

“least important”

What is criminal law?

Prohibitions against certain actions and prescriptions of penalties for violators

Law governing the relations between individuals and groups in society

Prescriptions of punishments for violations of common law

Prescriptions of punishments for violations of civil law

181

What purpose did the Judiciary Act of 1789 serve?

It established the Supreme Court.

It established judicial review.

It set precedent as the guiding principle for judicial decision making.

It was the originating act for the federal judiciary.

What is judicial review and who has the authority to exercise it?

The authority, held by the President, to determine the constitutionality of any law or official act

The authority, held by the Supreme Court alone, to determine the constitutionality of any law or official act

The authority, held by the federal courts, to determine the constitutionality of any law or official act

The authority, held by the federal courts, to alter the Constitution by re-interpreting it

Which judicial decision allowed for state restrictions on abortion but did not actually overturn Roe v. Wade (1973)?

Webster v. Reproductive Health Services (1989)

U.S. v. Lopez (1995)

U.S. v. Morrison (1995)

None of the above, since no such decision has done that

The lowest level of courts in the federal judicial system is the level of the ^___^.

U.S. Supreme Court

U.S. Circuit Courts or Appeals

U.S. District Courts

None of the above

What does it mean to say that the Supreme Court is the court of last resort?

It is the lowest court.

It is the highest court.

It is the mid-level court.

None of the above

What is appellate jurisdiction?

The power of a lower court to hear a case on appeal from a higher court

The power of a higher court to hear a case on appeal from a lower court

The same thing as original jurisdiction, just applied to courts below the Supreme Court

The same thing as original jurisdiction, just applied to courts above the U.S. District Courts

182

Now that the Supreme Court has gained nearly complete discretion over the cases it chooses to hear and resolve, what has happened to the number of cases resolved by the court per year?

The number of cases resolved each year has decreased dramatically from 146 signed opinions in 1985 to 62 in 2015.

The number of cases resolved each year has increased dramatically from 62 signed opinions in 1985 to 146 in 2015.

The number of cases resolved each year has increased slightly from 145 signed opinions in 1985 to 175 in 2015.

The number of cases resolved each year has stayed about the same from 1985 to 2015.

Which chamber of the Congress is constitutionally charged with confirming federal judicial appointments?

House

Senate

Both of the above

Neither of the above

Which of the following is a feature of the nomination process for federal judgeships?

Congressional courtesy

Senatorial courtesy

Conformational courtesy

House courtesy

Which of the federal courts has appellate jurisdiction exclusively?

U.S. District Courts

All U.S. Circuit Courts of Appeals

U.S. Supreme Court

Special courts

The Roberts Court is said to have what ideological tendency?

Liberal

Conservative

Libertarian

Populist

The Marshall court was associated with what type of judicial policy making?

That which favored an independent role for the federal judiciary and a strong national government

That which favored an independent role for the federal judiciary and a states’ rights position

That which favored a dependent role for the federal judiciary and a strong national government

That which favored a dependent role for the federal judiciary and a weak national government

How can the Congress limit judicial activism?

Initiate new constitutional amendments

Set the budget and structure of the federal courts, including the number of judges

Establish the appellate jurisdiction of the courts

All of the above

183

A writ of certiorari is issued only after ^___^ Supreme Court justices vote to do so.

Four

Five

Six

Seven

A study of the demographic characteristics of federal judicial appointments of recent presidents reveals that ^___^ .

Republicans tend to appoint a greater percentage of minorities and women than Democrats tend to appoint

Democrats tend to appoint a greater percentage of whites than Republicans tend to appoint

Republicans tend to appoint a greater percentage of minorities and women than Democrats tend to appoint

Democrats tend to appoint a greater percentage of minorities and women than Republicans tend to appoint

Which chief justice established the Supreme Court as an equal and coordinate branch of the national government?

John Marshall

Earl Warren

Warren Burger

William Rehnquist

Which one of the following statements is not true regarding comparative compensations of lawyers and federal judges?

First-year graduates from top law schools earn more than federal judges.

Top lawyers in midcareer earn several times more than federal judges.

Members of Congress have been reluctant to raise the salaries of federal judges above their own.

Congress has constitutional authority to raise the salaries of federal judges.

To what extent is the Supreme Court sensitive to the public's perception of its image as a partisan political body?

Not at all sensitive, as the public is aware that the law requires a minimum of two justices from each of the parties represented in Congress to be on the court

Not at all sensitive, as the public rightly considers the court as another partisan participant in national politics and policies

Somewhat sensitive, as the court’s legitimacy depends on the public’s perception of the court as above partisanship

Somewhat sensitive, as the court’s partisanship may encourage the public to lose interest in politics and gratefully rely on the court to make policy decisions

184

Judicial review is the power of federal courts to ^___^.

determine the constitutionality of any law or official act

declare federal and state laws null and void

Both of the above

None of the above

Thomas Jefferson’s “departmental” view of constitutional interpretation held that ^___^ was entitled to interpret the Constitution in regard to its own powers and responsibilities.

the executive department of government

the legislative department of government

the judicial department of government

All of the above

The role of law in society may be understood as ^___^.

authoritative rules made by government

rules of conduct that pertain to a given political order of society backed by the organized force of the community

Both of the above

None of the above

Which one of the following sets of hierarchy of sources of law is correct, with 1 as fundamental and highest to 3 as the lowest?

1. Agency rules and regulations 2. Legislation 3. Constitution

1. Constitution 2. Legislation 3. Agency rules and regulations

1. Legislation 2. Constitution 3. Agency rules and regulations

1. Constitution 2. Agency rules and regulations 3. Legislation

The legal traditions of the United States derived from those of ^___^.

England

France

Both of the above

None of the above

The common law tradition of England involved the ^___^ over time.

rapid but incremental accumulation of judicial decisions

slow but abrupt accumulation of judicial decisions

slow and incremental accumulation of judicial decisions

rapid and abrupt accumulation of judicial decisions

185

The centuries of judge-made common law of England were embraced in colonial America as a ^___^.

principal defense of liberty

limitation on the power of government

constraint on political power might in favor of the rights of individual citizens

All of the above

“Common law” is defined as ^___^.

law developed over time from legislatures and with judges deciding particular legal disputes but then future judges do not cite earlier decisions in resolving cases with similar issues and facts

law developed over time as judges decide particular legal disputes and then future judges cite earlier decisions in resolving cases with similar issues and facts

law developed over time from legislatures but without judges deciding particular legal disputes for future judges to cite in resolving cases with similar issues and facts

law developed over time as judges decide particular legal disputes although future judges do not cite the earlier decisions in resolving cases with similar issues and facts

Which one of the following conditions must be present in the American judiciary before a case may be resolved?

an adversary process

a justiciable issue

ripeness for judicial determination

All of the above

Which one of the following statements is true regarding American courts?

American courts do not judge whether an individual has standing or eligibility to come before the court.

American courts often provide advisory opinions to public officials on hypothetical legal issues.

American courts reflect an adversary process in controversies between a complainant and a respondent.

All of the above

186

In one of the Federalist Papers, ^___^ argued in favor of the courts having the power of judicial review.

John Jay

Alexander Hamilton

John Marshall

James Madison

Regarding the authority of the Supreme Court, President Andrew Jackson claimed that ^___^.

“it is emphatically the province and duty of the judicial department to say what the law is”

“the Supreme Court … ought not to control the coordinate authorities of the Government”

“the Court is neither more learned nor more objective than the political branches of the government”

All of the above

In Marbury v. Madison, whose view regarding the legitimacy of judicial review ultimately prevailed?

James Madison

Thomas Jefferson

John Marshall

Andrew Jackson

At the Constitutional Convention, who argued for a mandatory review by the national government of all state laws before they went into effect?

James Madison

Alexander Hamilton

Benjamin Franklin

George Washington

A mandatory review by the national government of all state laws before they are put into effect is found in which article of the U.S. Constitution?

Art. I

Art. II

Art. III

None of the above, because a mandatory review is not in the Constitution

As a result of the Supreme Court’s exercise of judicial review over the lower courts of the federal system, ^___^ of the cases reviewed have resulted in reversal.

one-fourth

one-half

two-thirds

None of the above, since judicial review by the Supreme Court does not apply to lower federal courts

187

The ^___^ have authority to try most cases within the federal court system.

district courts

appellate courts

Supreme Court

None of the above, as all courts within the federal court system may try cases

Most cases in the district courts are tried before ^___^ judge(s).

Over the entire history of the country, approximately how many acts of Congress have been declared unconstitutional by the Supreme Court?

Fewer than 200

Exactly 200

More than 200

None of the above

Over the entire history of the country, approximately how many state laws and provisions of state constitutions have been declared unconstitutional by the Supreme Court?

About 1,200

About 1,300

About 1,400

About 1,500

Which one of the following is not one of the categories of cases that arise in the federal courts?

cases to which the U.S. government is a party

criminal and civil cases that arise under state laws and constitutions

criminal and civil cases that arise under federal laws, including the Constitution

civil cases involving citizens of different states if the amount in question is at least $75,000

Which one of the following courts is not one of the Special Courts authorized by Congress?

U.S. Tax Court

U.S. Court of Veterans Appeals

U.S. Court of International Arbitration

U.S. Court of Military Appeals

The purpose of the U.S. Courts of Appeals is to provide a forum for review of decisions made by ^___^.

the U.S. district courts

the state supreme courts

Both of the above

None of the above

188

In the 2015 term, litigants brought about 6,475 cases and applications to the Supreme Court of which the court heard ^___^ of them.

620

6,200

6,475

With regard to its jurisdiction, the Supreme Court has ^___^.

original jurisdiction only

appellate jurisdiction only

both original and appellate jurisdiction

None of the above

An amicus curiae brief is ^___^.

an action by a higher court to overturn the decision of a lower court

a formal request that a case be reviewed by a higher court

an action to send a case back to a lower court for further consideration

written by interested persons or groups who are not formal parties to the case

A court’s decision to remand a case refers to ^___^.

an action by the court to overturn the decision of a lower court

a formal request that a case be reviewed by a higher court

an action to send a case back to a lower court for further consideration

a request for a brief written by interested persons or groups who are not formal parties to the case

The use of a writ of certiorari refers to ^___^.

an action by a higher court to overturn the decision of a lower court

a formal request that a case be reviewed by a higher court

an action to send a case back to a lower court for further consideration

a brief written by interested persons or groups who are not formal parties to the case

The act of reversing by a court refers to ^___^.

an action by a higher court to overturn the decision of a lower court

a formal request that a case be reviewed by a higher court

an action to send a case back to a lower court for further consideration

a request for a brief written by interested persons or groups who are not formal parties to the case

189

When the Supreme Court justices meet to discuss cases that they have heard during week, they operate according to ^___^.

the rule of four

the number of briefs filed

the chief justice’s leadership

requirements legislated by Congress

The Supreme Court’s final decision on a case is called an ^___^.

oral argument

amicus curie brief

opinion

honoraria

Which one of the following results is usually not the outcome of the Supreme Court’s deliberations regarding a case?

to affirm the lower court decision

to retry the case in a higher court

to reverse the lower court decision

to remand the case back to the lower court for further consideration

A concurring opinion from the Supreme Court is produced by a justice who ^___^.

accepts the basic thrust of the Court’s majority opinion and agrees with the majority’s rationale for the result

does not accept the basic thrust of the Court’s majority opinion but agrees with the majority’s rationale for the result

accepts the basic thrust of the Court’s majority opinion but wishes to provide a somewhat different rationale for the result

does not accept the basic thrust of the Court’s majority opinion and wishes to provide an alternative rationale for the result

A Supreme Court opinion that accepts the basic thrust of the Court’s majority opinion but wishes to provide a somewhat different rationale for the result is known as a ^___^ opinion. In the modern era, ^___^ has had a greater impact on the make-up of the federal courts in his first year in office than all of the other presidents.

dissenting

concurring

minority

unanimous

Bill Clinton

George W. Bush

Barack Obama

Donald Trump

190

For many decades, the ^___^ performed the traditional role of advising presidents on whether or not candidates for the Supreme Court were qualified.

American Constitution Society

American Bar Association

American Law Institute

American Judicature Society

In 2005, the Senate’s confirmation process for judicial nominations nearly triggered the “nuclear option,” which would have ^___^.

ended the timehonored practice of the filibuster with regard to judicial nominees

changed the Senate rules to allow approval of all judicial nominees by simple majority

permitted Senate approval of all judicial nominees by 50 votes instead of 60

All of the above

In late-2013, the Senate changed its rules regarding the confirmation process for judicial nominations and ^___^.

ended the timehonored practice of the filibuster with regard to judicial nominees

allowed approval of all judicial nominees except Supreme Court nominees by simple majority

permitted Senate approval of all judicial nominees by 50 votes instead of 60

All of the above

In 2017, the Senate changed its rules regarding the confirmation process for all judicial nominations and ^___^.

ended the timehonored practice of the filibuster with regard to judicial nominees

changed the Senate rules to allow approval of all judicial nominees by simple majority

Both of the above

None of the above

Of the 162 Supreme Court nominations forwarded to the Senate by presidents during the country’s history, ^___^ were approved. In confirmation hearings before the Senate Judiciary Committee, ^___^ respond to questions from the members.

100

125

150

162

presidential lawyers defending proposed treaties

nominees for federal judicial posts

Both of the above

None of the above

191

The significance of the Warren Court was its expansion of the individual rights of ^___^.

freedom of speech, press, and religion

minorities to equal political rights and economic opportunities

accused persons to counsel and to fair and speedy trials

All of the above

The significance of the Rehnquist Court was its efforts to limit if not overturn ^___^.

the ban on school prayer

affirmative action

gay rights

All of the above

Under the leadership of Chief Justice William Rehnquist, many decisions of the Supreme Court ^___^.

limited the scope of the federal government

strengthened the role of the judiciary against both Congress and the executive

strengthened the role of the police

All of the above

In the case of Regents of the University of California v. Bakke, the Rehnquist Court ^___^.

upheld the rights of states to regulate abortion clinics and prevent public money used to perform abortions

approved the use of race as one criterion but not as the sole criterion in college admissions

struck down critical elements of the Voting Rights Act that subjected certain states to federal oversight

overturned campaign finance laws by finding that corporations and unions have free speech rights like individuals

In the case of United States v. Windsor, the Roberts Court ^___^.

upheld the rights of states to regulate abortion clinics and prevent public money used to perform abortions

struck down the part of the Defense of Marriage Act denying federal benefits to gay couples

struck down critical elements of the Voting Rights Act that subjected certain states to federal oversight

overturned campaign finance laws by finding that corporations and unions have free speech rights like individuals

192

In a case dealing with the right to bear arms, the Supreme Court’s decision written by Associate Justice Antonin Scalia declared for the first time in American history that the Second Amendment right to bear arms ^___^?

is an individual right and a collective right tied to militia service

is not an individual right but rather a collective right tied to militia service

is an individual right rather than a collective right tied to militia service

is not an individual right nor a collective right tied to militia service

In the case of Shelby County v. Holder, the Roberts Court ^___^.

upheld the rights of states to regulate abortion clinics and prevent public money used to perform abortions

struck down the part of the Defense of Marriage Act denying federal benefits to gay couples

struck down critical elements of the Voting Rights Act that subjected certain states to federal oversight

overturned campaign finance laws by finding that corporations and unions have free speech rights like individuals

In the case of Citizens United v. Federal Election Commission , the Roberts Court ^___^.

upheld the rights of states to regulate abortion clinics and prevent public money used to perform abortions

approved the use of race as one criterion but not as the sole criterion in college admissions

struck down critical elements of the Voting Rights Act that subjected certain states to federal oversight

overturned campaign finance laws by finding that corporations and unions have free speech rights like individuals

Often serving as a swing vote on the Supreme Court, Associate Justice Anthony Kennedy has been ^___^ .

consistently conservative on business issues

moderate on affirmative action issues

consistently liberal on issues of sexual preference

All of the above

The Supreme Court today is aware that its legitimacy and public standing depend on the Court being seen as ^___^.

kowtowing to Congress

avoiding partisanship

provoking polarization

following the president’s wishes

193

In the case of Trinity Lutheran Church v. Comer, the Supreme Court decision held that ____

states may not discriminate against churches by denying funds, just because the applicant was a church or church related

states may discriminate against churches by denying funds, just because the applicant was a church or church related

states may not discriminate against churches by denying funds, unless the applicant is not a legally recognized church

states may discriminate against churches by denying funds, unless the applicant is not a legally recognized church

In its role to limit the political branches of the government to their constitutionally mandated responsibilities, in recent decades the Supreme Court has challenged ^___^.

Congress on the scope of its power to regulate interstate commerce

the president on the scope of his commander-in-chief powers

Both of the above

None of the above

According to advocates of judicial activism, the courts are ^___^.

one vehicle to address social, economic, and political problems

to limit themselves to implementing legislative and executive intent

Both of the above

None of the above

According to advocates of judicial restraints, the courts are ^___^.

one vehicle to address social, economic, and political problems

to limit themselves to implementing legislative and executive intent

Both of the above

None of the above

Which one of the following statements is true regarding judicial activism and judicial restraint?

Every time a court applies an existing law to a new situation it is reshaping the law. George W. Bush

Given the nature of the American judiciary, the courts are able to avoid making policy. Barack Obama

Requirements of the Constitution clearly define the power and limits of federal courts.

According to ^___^, democracy requires that the judiciary follow the political branches of the government.

Both are naturally and logically identified with liberalism and conservatism. Bill Clinton

194

None of the above

According to ^___^, judicial activism is a device that is sometimes necessary to assist society in addressing a particularly difficult issue.

Bill Clinton

George W. Bush

Donald Trump

None of the above

The Missouri System refers to ^___^.

limiting tenure for state judges to one long term of eighteen to twenty or twenty-five years with no possibility of a second term

compensating state judges based on a salary table with a fixed ratio to the salaries of the governor and state legislators

selecting state judges from a merit-based process whereby an expert panel nominates candidates and the governor selects from among them

All of the above

Which two of the following recently-decided Supreme Court cases reflect liberal decisions?

b, c

Citizens United v. Federal Election Commission

King v. Burwell

Obergefel v. Hodges

Shelby County v. Holder

Which two of the following recently-decided Supreme Court cases reflect conservative decisions?

a, d

Citizens United v. Federal Election Commission

King v. Burwell

Obergefel v. Hodges

Shelby County v. Holder

In the case of Marbury v. Madison, Chief Justice John Marshall made which two of the following critical points?

a, d

A law that contravenes the Constitution is void.

However, it is not the court’s duty to declare a law that contravenes the Constitution as unconstitutional.

Even though a law may contravene the Constitution it is not void.

It is the court’s particular duty to declare a law that contravenes the Constitution as unconstitutional.

Multiple-Select Multiple Choice

195

Thomas Jefferson’s response to John Marshall’s decision in Marbury v. Madison included which two of the following critical points?

a, b

A law that contravenes the Constitution is void.

However, it is not the court’s duty to declare a law that contravenes the Constitution as unconstitutional.

Even though a law may contravene the Constitution it is not void.

It is the court’s particular duty to declare a law that contravenes the Constitution as unconstitutional.

In English legal history, the phrase “common law” refers to which two of the following concepts?

a, d

the law as announced by the king’s judges

the customs common to a particular region

traditions common to one local community

the laws common to the whole realm

Which two of the following statements did seventeenthcentury English jurist Sir Edward Coke make regarding the role of judicial courts and political power in deciding cases?

b, c

“The King may decide legal disputes on his own royal authority.”

Cases “ought to be determined and adjudged in some Court of Justice, according to the law and custom of England.”

“The King in his own person cannot adjudge any case.”

Cases can only be subject to the “broad jurisprudence of right and remedy” of Parliament.

Over time, American law has evolved into a combination of ^___^ and ^___^.”

b, d

formalism of the civil code

principles of the common law

critical legal theory

specific rights and responsibilities

In American law, courts traditionally will hear cases that appear to require a ^___^ resolution rather than a ^___^ resolution.

d, a

political

ideological

philosophical

judicial

The Judiciary Act of 1789 constituted the Supreme Court with ^___^ justices and created a ^___^-tiered system of lower federal courts.

c, a

two

three

six

nine

196

There are ^___^ U.S. district courts in the fifty states that processed about ^___^ criminal cases in 2016.

a, b

77,357

104

291,851

In 2016, the 94 U.S. district courts had a total of ^___^ judges, while the 13 U.S. courts of appeal had a total of ^___^ judges.

d, c

179

673

The ^___^ requires that four justices agree before a ^___^ will be granted and a case heard before the Supreme Court.

c, a

writ of certiorari

amicus curie brief

rule of four

oral argument

The late Antonin Scalia was appointed to the Supreme Court by ^___^ and was the intellectual leader of the ^___^ majority on the court.

a, c

Ronald Reagan

Bill Clinton

conservative

liberal

In 1954, the Supreme Court decision in the case of ^___^ overturned ^___^ and declared that racial segregation in public schools was unconstitutional.

c, b

Dred Scott v. Sandford

Plessy v. Ferguson

Brown v. Board of Education

Shelby County v. Holder

President Richard Nixon’s nomination and the Senate’s confirmation of ^___^ as Chief Justice resulted in the Supreme Court’s consolidation of the previous court’s ^___^ legacy.

c, d

Earl Warren

conservative

Warren Burger

liberal

197

President Ronald Reagan’s nomination and the Senate’s confirmation of ^___^ as Chief Justice resulted in the Supreme Court’s limitations on the previous court’s ^___^ legacy.

a, d

William Rehnquist

conservative

Warren Burger

liberal

When federal courts blocked a presidential executive order to cut funding to ^___^, White House officials’ criticism of “unelected judges” reflected Trump’s ^___^.

a, b

sanctuary cities

populism

abortion clinics

conservatism

True-False Herbert Jacob described law as "authoritative rules made by government."

TRUE

Stare decisis is a decision that serves as the foundation for future court rulings.

FALSE

By wielding their power to nominate members of the federal judiciary, presidents systematically alter the membership of the judiciary.

TRUE

The U.S. Circuit Courts of Appeals were inserted into the federal hierarchy with the Judiciary Act of 1789.

FALSE

Justiciability is a legal term meaning that an issue or dispute is appropriate for or subject to judicial resolution.

TRUE

With the unexpected death of Justice Antonin Scalia in 2016, the Supreme Court was forced to halt all deliberations and decisions on court cases until a new justice had been confirmed by the Senate.

FALSE

Law and the courts play a larger and more powerful role in the United States than in any other country in the world.

TRUE

Although necessary during the formative years of the American republic, today the Judiciary Act of 1789 is no longer the basic law governing the federal courts.

FALSE

198

The federal courts have employed judicial review more frequently against the states than against Congress and the president.

TRUE

The Supreme Court has almost complete discretion over the cases that it chooses to hear.

TRUE

Historically, nearly all of the nominees to the federal bench have shared the same party affiliation as the president who nominated them.

TRUE

Most presidential nominees to the judiciary are not approved by the Senate on the first try.

FALSE

The courts never stay for long outside the mainstream of American political life and the broad flow of popular opinion concerning the major issues of the day.

TRUE

Judicial activism and restraint are naturally and logically identified with liberalism and conservatism.

FALSE

Open Trace the path of a court case from state trial courts to the U.S. Supreme Court. What significance does the rule of four play in this process? What are the potential merits and problems created by the Missouri System? Evaluate the Roberts Court in contrast to the activities of its predecessors. What issues should it emphasize, which doctrine for judicial interpretation should it follow, and what rights should it protect? Should the federal courts follow a doctrine of judicial restraint or judicial activism? Explain why or why not. Discuss the process by which a case gets heard at the Supreme Court. Discuss the nomination and confirmation process for members of the federal judiciary. How, if at all, has the Roberts Court differed from the Rehnquist Court? Explain. What is the structure of the federal judiciary and what type(s) of jurisdiction does each level have? Discuss to what extent the Supreme Court is a partisan political body. Do the court’s decisions tend to favor the Republicans more than the Democrats? Or, the Democrats more than the Republicans? Or, neither? Defend your position. Discuss what it means to say that judicial review is the foundation of judicial power. Discuss the relationship between the principles of the common law and the rights and responsibilities in American law. 199

Discuss why, at the beginning of the American republic, the checks and balances that were to hold the executive and legislative powers in place seemed clear, but how the judiciary would defend itself was much less clear. Discuss the Supreme Court’s uneven use of the power of judicial review after the landmark case of Marbury v. Madison. Discuss what it means to say that one of the main roles of American courts is to limit the political branches of the government to their constitutionally mandated responsibilities. In what ways may the courts accomplish this? Discuss whether or not you agree that the federal judiciary is badly in need of reform with regard to selection, tenure, and compensation.

200