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Question
Contrast the various sources of American law. Which of them can be said to prevail over all the others? Why?Answer
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Related questions
Q:
Explain the important issues in McCulloch v. Maryland and Gibbons v. Ogden. What has been the impact of these decisions on the relationship between the federal and state governments?
Q:
The No Child Left Behind Act of 2001
a. gave the states more control of their schools.
b. established a school voucher system.
c. increased the local school boards' freedom in evaluating student achievement.
d. increased federal control over education.
e. was enacted by Congress under Democratic President Bill Clinton.
Q:
Ultimately, the Civil War resulted in
a. the end of the idea that social problems should be dealt with by the national government.
b. the expansion of the agricultural sector of the U.S. economy.
c. a shift from a federal to a confederal system of government.
d. an increase in states' rights.
e. an increase in the political power of national government.
Q:
In the 1930s and subsequent decades, the ______ became the primary constitutional basis for national government regulation.a. commerce clauseb. Bill of Rightsc. necessary and proper claused. Treaty of Versaillese. Work Projects Administration (WPA)
Q:
In his ruling on Gibbons v. Ogden, Marshall defined commerce as
a. any business dealings between legally incorporated organizations.
b. any business dealing requiring an operating license.
c. all business dealings having to do with the physical exchange of currency.
d. all business dealings, including navigation and the transport of people.
e. only the shipment of goods.
Q:
From 1801 to 1835, the Supreme Court was headed by Chief Justice __________.
a. Henry Clay.
b. Samuel Alito.
c. John Jay.
d. John Marshall.
e. Roger Taney.
Q:
Their ________ power enables states to pass laws governing such activities as marriage, contracts, education, and land use.
a. commerce clause
b. enumerated
c. emergency
d. necessary and proper
e. police
Q:
The Tenth Amendment states that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are
a. the sole authority of Congress.
b. reserved to the central government.
c. reserved to the states, or to the people.
d. the sole authority of the executive branch.
e. subject to judicial review.
Q:
Which of the following is an argument against federalism?
a. That too much inequity exists between states in a federal system
b. That it prevents creation of a strong party system
c. The rigidity of the national government in confronting change
d. That it is difficult for governors to become president
e. That it is too simplistic for a nation with a large geographic area and population
Q:
All of the following statements concerning a federal system of government are true EXCEPT
a. they always have a bicameral legislature.
b. they are divided between a central government and regional, or subdivisional, governments.
c. some powers are bestowed upon the central government, and others are granted to the regional governments.
d. power is not concentrated in a unicameral legislature within a strong central government.
e. power is exercised by the national government only insofar as these powers are granted by the states.
Q:
Describe the concepts of separation of powers and checks and balances, and explain why the Founding Fathers included these concepts in the framework of the Constitution.
Q:
One of the two formal methods of proposing an amendment to the Constitution is bya. popular vote.b. a two-thirds vote in each chamber of Congress.c. approval of the legislatures in a majority of the states.d. a majority vote in both chambers of Congress, provided the amendment is not vetoed by the president.e. a judicial submission.
Q:
The Anti-Federalists advocated
a. altering the Constitution to include guaranteed personal liberties.
b. a strong central government.
c. ratifying the new Constitution.
d. an end to slavery.
e. rule by the aristocracy.
Q:
The group that officially elects the president of the United States is called
a. the Presidential Election Commission.
b. the Congressional Election Forum.
c. the Association of State Legislatures.
d. the Electoral College.
e. the Electorate at Large.
Q:
A practice, policy, or procedure that denies equality of treatment to an individual or to a group because of gender
a. is sexual harassment.
b. is gender discrimination.
c. is feminism.
d. violates the Civil Rights Act of 1968.
e. is considered illegal if engaged in by a private corporation but acceptable if engaged in by the government.
Q:
The Equal Rights Amendment wasa. ratified by the final state and became part of the Constitution on July 13, 1981.b. not ratified by the necessary thirty-eight states.c. vetoed by President Ronald Reagan.d. not approved by the Senate.e. first introduced in Congress in 1972.
Q:
The legislation resulting from the Civil Rights Movement
a. only benefited African Americans.
b. has corrected economic disparities between whites and minority groups.
c. has eliminated poverty in most minority groups.
d. ultimately benefited almost all minority groups.
e. has had less of an impact on minority rights than anticipated.
Q:
In his leadership of the civil rights movement, Dr. Martin Luther King, Jr., advocated
a. nonviolent civil disobedience.
b. divide and conquer.
c. "equality for all, through strong force when necessary."
d. economic equality through the undermining of capitalism.
e. equality "by any means necessary."
Q:
Which of the following best describes de facto segregation?
a. Segregation that occurs because of patterns of racial residence and similar social conditions
b. Segregation based on laws
c. Segregation that happens because of administrative decisions
d. Segregation based on physical characteristics
e. Partial segregation
Q:
In the 1944 case of Smith v. Allwright, the United States Supreme Court ruled the ______ to be a violation of the Fifteenth Amendment.a. literacy testb. poll taxc. grandfather claused. white primarye. black primary
Q:
Define slander and libel and describe the differences between them. Discuss how the protections against them are applied differently to different members of society.
Q:
Discuss the establishment clause and give examples of Supreme Court rulings based on this clause.
Q:
In 1903, the Supreme Court ruled that the government could not deport someone withouta. giving them ninety days notice.b. a special type of hearing with less strict due process standards than those set forth in the Constitution.c. a hearing that meets constitutional due process standards.d. informing their family.e. ensuring they will be safe in their home country.
Q:
The 1994 Freedom of Access to Clinic Entrances Act
a. was found unconstitutional by the Supreme Court.
b. prohibits protestors from blocking entrances to abortion clinics.
c. required public hospitals to provide abortions.
d. failed to pass in Congress.
e. required clinics to provide multiple entrances for abortion seekers.
Q:
Before the latter half of the nineteenth century, abortion wasa. legal at any point before the onset of labor.b. a criminal offense at any point in the pregnancy.c. not a criminal offense before the first movement of the fetus in the uterus.d. not a criminal offense if the woman's husband agreed to it.e. completely unregulated by the legal system.
Q:
In Griswold v. Connecticut, the Supreme Court held that
a. prohibiting contraceptives violated a right to personal privacy.
b. laws banning contraceptives are legal.
c. abortion was illegal.
d. parts of the Fourteenth, Fifteenth, and Sixteenth Amendments contributed to a constitutional right to privacy.
e. abortion became more likely to be illegal as a pregancy advanced to term.
Q:
In the area of freedom of speech, which of the following is NOT true?
a. High schools can impose restrictions on speech that are not allowed in colleges.
b. High school officials may censor school publications.
c. Some universities have prohibited "hate speech."
d. Campus speech restrictions have usually been ruled unconstitutional.
e. The Supreme Court ruled that universities may not impose mandatory student activity fees.
Q:
Some claim that the United States did not achieve true freedom of ______ until 1969, when the Supreme Court overturned the conviction of a Ku Klux Klan leader in Brandenburg v. Ohio.a. symbolic speechb. commercial speechc. hate speechd. political speeche. the press
Q:
Describe the ways in which the government is involved in regulating the media. Why is regulation necessary? What effects does it have on what information we receive?
Q:
Identify the functions performed by the mass media in the United States. Are certain functions more important than others? Why or why not?