Gov final exam
the enumeration in the constitution of certain rights shall not be construed to deny or disparage other retained by the people is which amendment
ninth
among the most adamant advocates for a bill of rights were the puritans
false
james madison prepared a memorial and remonstrance
false
when a federal judge's conduct calls into questions his integrity or impartiality, ? must consider whether impeachment and removal of the judge from office is necessary to protect the integrity of the judicial branch and uphold the public trust
congress
the time in the history of America "critical period" when the united states experienced a number of crises and issues that led to the creation of a new constitution later in the decade is the
critical period
the civil rights act and which amendment federalized voting laws removing the authority from the states to create and enforce their own voter laws
24th
the section of Article 1 of the constitution which enumerates the specific powers provided to congress is the
8th
the facts in the vogt case are that during a job interview in haysville, vogt mentioned that he kept a flashlight he had kept from a crime scene as a hays police officer
false
which president served more than 2 terms
roosevelt
the supreme court of the united states has exclusive right to determine punishment for members of congress who violate congressional rules and regulations
false
the english bill of rights did not include
the right for all catholics to bear arms
Christians should not swear oaths, as Christ forbade Christians to do so in His sermon on the Mount
true
only citizens of the US can vote
true
only citizens of the united states can vote
true
only suspects in police custody are entitled to miranda warnings due to the inherently compelling nature of custodial interrogation
true
federal judges are appointed for 25 years and may remain on the bench as long as their conduct does not abuse or violate the public trust
false
a state law that requires voters who appear to be oriental to not be allowed to vote would violate which amendment
15th
which president served more than two terms
Franklin D. Roosevelt
true
african slaves constituted a significant percentage of the population of southern states, but lacked any political rights
the public enemy era of crime 1917-1933 included crime sprees by
all of the above
all children born in the US are citizens of the nation in which their parents were born
false
the act of communion in the anabaptist faith is what ?
memorial
the sole power to impeach an official belongs to
the house of reps
spanish colonies in the New World were directly funded by the government, England contracted with private companies to establish colonies as for-profit ventures by granting charters
true
charters in the american colonies ultimately originated from the queen of spain
false
civil rights are the protection against government action for the exercise of an individual's Constitutional rights
false
each of right in the bill of rights correlates directly to offenses committed by the british, culminating in the seven years war
false
the southern states seceded from the US in what year?
1861
there is a fixed point in the criminal process when the state can put the defendant to the choice of either exercising or waiving the right to a speedy trial. in most states it is six months after indictment
false
until the enactment of the 26th amendment the standard voting age across the US was 25
false
until the ratification of the 22 amendment in 1951, the president could be reelected 5 times
false
voght was informed that he had the right to an attorney prior to giving a statement concerning his possession of the flashlight from the scene......
false
civil rights compromise the protection of civil liberties from discrimination, meaning
gender, race, ethnicity and national origin or disability
the benefit of a representative democracy over a pure democracy is the idea that the majority does not rule
true
the supreme court has held that the right to an open trial may give way in certain cases to other rights or interests such as the defendants right to a fair trial or the governments interest in inhibiting disclosure of sensitive information
true
the belief of the anabaptists that the church should be independent of government control or association, and all people should have religious freedom threatened to undermine civilization of Europe
true
the civil rights act was the first civil rights legislation enacted since 1875
true
the concept of a bill of rights was not invented by americans but has its roots in a tradition dating back to medieval england
true
the corwin amendment was a proposed 13th amendment which enshrined slavery by prohibiting congress from abolishing or interfering with state allowed slavery
true
the detectives did not inform ernesto miranda that he had the right to remain silent or the right to an attorney. because miranda had been convicted in the past the detectives felt that miranda knew the routine and knew his rights
true
the electoral college allows a government representative of the ideals of the entirety of the population, not just the majority
true
the fifth amendment protects only from a coercive and unwanted interrogation when the government seeks to admit that person's compelled statements in a subsequent criminal prosecution
true
the founding fathers feared a conglomerate head of the executive branch would cause a catastrophic diffusion of ideas and power, making for a weak branch incapable of executing laws
true
the popish plot was a scheme to kill charles II and place his catholic brother james duke of york on the english throne
true
the president has the duty to fully execute the laws of the land including those in the constitution, all acts of congress, and the obligations of treaties
true
the president hold authority to command both the entire United States military, as well as the National Guard as required
true
the right to privacy is a man made right and not of the bible
true
the senate represents the states, and the house of reps represents the people
true
the supreme court held in the plessy v ferguson case that segregation was allowed as long as the facilities in question were equal
true
the supreme court of arizona found that ernesto miranda had not requested an attorney during his interrogation and his confession was voluntary. therefore the confession was properly admitted
true
the supreme court of arizona using the confusing law at the time found that miranda had not requested an attorney during his interrogation therefore his confession was voluntary
true
the term common law has a couple of different meanings. the term can mean the law and procedure of the courts that used juries, as opposed to equity and other courts that did not use juries
true
the three branches of federal government cannot impede the actions of one another even if it appears to exceed the limits of thier expected duties, as long as it does not actually violate the constitutional limits assigned
true
in what supreme court case did the court write "it would be difficult to define exactly the extent cruel and unusual punishments forbidden by the 8th amendment; but it is safe to affirm that punishments of torture, such as: the prisoner being drawn or dragged to the place of execution being emboweled alive, beheaded and quartered, public dissection, or burning alive, and all others in the same line of unnecessary cruelty, are forbidden?"
wilkerspn v utah
the ? failed to implement a single head of government or any way to enforce the laws created by congress
articles of confederation
a friend of yours was tried for murder in your hometown. she was found not guilty. the DA of your hometown said he will try your friend for murder again because the fist jury got it wrong and he has the authority to do so under the 5th amendment
false
a right to privacy can be inferred from several amendments in the bill of rights including the 13th amendment and this right prevents states from making the use of contraception by married couples illegal
false
congress does not have the power to enforce the 15th amendment through appropriate legislation; only states have that power
false
in 1966 queen elizabeth of england issued the assize of clarendon a landmark set of procedural rules that began to transition englands law from the traditional trial by ordeal system to an evidentiary model based on investigation and sworn testimony
false
in suits at common law where the value in controversy shall exceed five hundred dollars the right of trial by jury shall be preserved and no fact tried by a jury shall be otherwise reexamined in any court of the US than according to the rules of common law
false
in wayman v southard (1825), the united states supreme court recognized that state legislatures can set procedures for federal courts
false
it is critical to determine if the right to a speedy trial is violated because the only remedy is automatic conviction on all of the criminal charges this fault
false
john wilkes booth appealed his conviction for the assassination of president lincoln because he was not read his miranda rights
false
section 3 of article IV of the constitution prescribes the methodology for the secession of a state from the union
false
the 16th amendment eventually expanded the duties of the secret service
false
the 26th amendment coupled with the civil rights act of 1957 removed the final blocks for voting for minorities or persons of color
false
the 26th amendment federalized voting laws, removing the authority from the states to create and enforce their own voter laws
false
the 9th amendment has be interpreted to mean that making disparaging remarks about illegal aliens is unconstitutional
false
the 9th amendment was repealed by the 21st amendment
false
the affordable care act also known as obamacare is an example of commerce clause
false
the declaration of independence asserts that individual rights are granted by government
false
the detectives brought jane doe to the interrogation room to identify miranda by his voice. this action was a violation of her 5th amendment rights
false
the election of 1800 resulted in a tie between jefferson and burr, and a subsequent deadlocking of the house of reps took 36 ballots and 7 days to resolve , closely approaching the march 4th inauguration deadline. congress determined to prevent this from happening again and passed the 12th amendment which states that the chief justice of the supreme court will assume the duties as acting president until such appointment occurs
false
the emancipation proclamation included the so-called border states of maryland, kentucky, and missouri, where slavery existed side by side with unionist sentiment
false
the first exception to this prohibition on counsel in felony cases came when parliament passes the sedition act of 1696
false
the great compromise permits the weighting of voting so the election actually represents the entirety of the nation rather than only small geographical locations
false
the great compromise used the mason dixon line to define north from south, or, slave slates/territories from free territories
false
the intellectual principle standard is the legal test to determine whether or not a delegation of authority by congress to the executive branch violates the separation of powers under the nondelegation doctrine
false
the commander in chief if the army and navy of the united states is
president
civil liberties are specific freedoms guaranteed by the Constitution
true
the annapolis conference was held in the year of
1786
the ability of the President to appoint ambassadors aligns with the idea if treaty establishment
true
which of the following amendments may apply if an issue arose regarding the electoral college process
11th
the supreme court decided that having once granted the right to vote on equal terms, florida may not, by later arbitrary and disparate treatment value one persons vote over that of another in what case
bush v gore
the ? permits the weighting of voting so the election actually represents the entirety of the nation rather than only small geographical locations
electoral college
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they were born
false
Believers must make a conscious effort to separate themselves from sinful associations and behaviors by not being unequally yoked with unbelievers. Christians should abstain from violence on a personal level or on a governmental level. That is why Anabaptists support Christians holding political office.
false
By empowering Congress to enforce citizenship requirements and to enact all laws "necessary and proper" to that end, the Fourteenth Amendment authorizes Congress to preempt laws that undermine blacks' constitutionally protected status as citizens of the state where they reside.
false
according to the fifth amendment private property may be taken for public use as long s the government can show it has a legitimate use for it
false
according to the fifth amendment, the government can take your land as long as it is less than one acre
false
an electorate can be an elected official or appointee to an executive office as long as he passes a criminal background check
false
any state desiring acceptance into the US must submit its constitution for approval, and the supreme court of the US will rewrite any sections of the which are contradictory to the ideas of the US
false
congress has repeatedly defined "other high crimes and misdemeanors" to only be indictable offenses under criminal laws
false
immigrant children as well as the american born children of immigrants do not have access to public schools
false
in the case brown v board of ed the supreme court held that a free negro of the african race whose ancestors were brought to this country and sold as slaves is not a citizen within the meaning of the constitution of the US
false
in the case chavez v martinez (2003) olivero martinez was charged with resisting arrest and attempted murder and the statements he made in the hospital were made against him in his criminal prosecution
false
in the dred scott case, the supreme court held that black people could be citizens of the united states
false
jefferson agreed with the anglicans that religious liberty could only be achieved through the disestablishment of the anglican church in virginia
false
jim crow laws taxed the cotton produced in the southern states
false
licoln and other republican expected that excluding slavery from territories would prevent their eventual entry into the union as free states because they would contain no slaveholders
false
many of the practices in treason cases in the late seventeenth century england were carried over from the notorious four heart chamber which subjected treason defendants to a disregard of basic individual rights
false
none of the enumerated rights in the bill of rights correlated directly to offenses committed by the british
false
the powers not delegates to US by the constitution nor prohibited by it to the states are reserved to the states respectively or to the people is which amendment
tenth
after the civil war, southern states still controlled setting voter qualifications which permitted the creation of laws severely limiting and excluding black americans from voting
true
amendments are added to the constitution to create a continuity and assure that each state has a say in the additions to the primary governing document
true
article 2 of the constitution introduced the idea of a single, controlled head of the executive branch of government, one capable of maintaining authority throughout his term
true
article 4 of the constitution prevents individuals from escaping the law of one state by traveling to another state
true
baptism is a rite reserved for those who have made a conscious decision to follow Jesus Christ, therefore infants could not be baptized because of their inability to make such a decision
true
by relying on a single head of government, it created the concept of accountability, as one person answered for the whole of the executive branch; it created the idea of streamlined, transparent system with one man held responsible for the workings of the government, good or bad
true
civil rights promote equality and equity in government by guaranteeing everyone equal and unrestricted access to civil liberties
true
congress may not commandeer the legislative process of the states by directly compelling them to enact and enforce a federal regulatory program
true
fifteen federal judges have been removed from the bench through the impeachment process
true
if a state attempts to subvert the republic government, the federal government has authority to reestablish the republican government in that state
true
if the president vetoes a bill, he returns it, with his objections, to the house in which it originated, If, after reconsideration, two-thirds of each house approve the bill, it becomes a law without the presidents signature
true
in 1628, the massachusetts bay colony was founded by Puritan Christians seeking religious liberty in the New World
true
in the context of impeachment the "misdemeanor" focuses on the behavior of a public official, i.e., his demeanor
true
justice harlan wrote in the dissent of pessy v ferguson that the constitution is colorblind, and neither knows nor tolerates classes among citizens. in respect of civil rights all citizens are equal before law
true
many baptist ministers were concerned that the constitution lacked a federal guarantee of religious liberty as well as an explicit prohibition against the founding of a federal church
true
most death rows involve solitary confinement in a special facility. these require more security and other accommodations as the prisoners are kept for 23 hours a day in their cells, separate from other inmates and without cellmates
true
national government is the power or authority by which a nation is ruled
true
president lincoln thought the only constitutional way he could abolish slavery was to prevent its expansion
true
the alabama court of criminal appeals affirmed evan millers conviction for killing his neighbor by beating him and setting his house on fire holding that miller's sentence was not overly harsh when compared to his crime and that its mandatory nature was permissible under the 8th amendment
true
the brutal harassment of baptist ministers in virginia and other incidents caught the attention of thomas jefferson and james madison who sympathized with the baptists plight
true
the virginia statue for religious liberty was enacted in what year
1786
the judicial power of the US shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the US by citizens of another state, or by citizens or subjects of any foreign state is which amendment
11th
true
all levels of state government are subject to federal laws and the constitution, as no government entity nor organization can subvert or contradict the constitution
which of the following is not one of the three models of constitutions of the American Colonies
autocratic colony
the president may grant pardons and reprieves for those who
committed violations of federal law
the legislative branch does not have the authority to
declare laws to be unconstitutional
the issue in Vogt v City of Hays was the admissibility of statements obtained from and indivdual who is subjected to custodial police interrogation and the necessity for procedures which assure the individual is accorded his privilege under the fifth amendment to the constitution not the be compelled to incriminate himself
false
the issue in the case mapp v ohio is the right to to the assistance of counsel
false
the main reason for a constitution to exist is to limit how much government can tax citizens
false
the method of pocketing a proposed bill to prevent a veto by the President, is used when congress forwards a bill to the Vice President and he holds it without taking action for ten days; the bill is then considered to have passed
false
the president can adjourn Congress and declare a pro forma session an adjournment
false
the purpose of government is to tax the people so the people can depend on the government and the people
false
the purpose of poll taxes was to raise funds to repair roads and bridges and other state maintenance and improvement projects
false
the right of citizens of the US to vote in primary is not included in the 25th amendment
false
the right to vote is a privilege not a right
false
the temperance movement worked in the late 1800s and the early 1900s to minimize alcohol consumption ....amendment ratified in 1917 ; it became known as the great compromise
false
the word religion is defined in the constitution in the first amendment
false
thomas jefferson was elected president of the confederate states of america
false
in what case did the supreme court say that marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. it is an association the promotes a way of life , not causes; a harmony in living, not political faiths; a harmony in living...
griswold v connectitcut
who wrote federalist paper #51, "the structure of the government must furnish the proper checks and balances between the different departments?"
james madison
a defendant has no duty to bring himself to trial the state has that duty as well as the duty of insuring that the trial is consistent with due process
true
a general rule has evolved to give substantial protection to verdict finality and to assure jurors that once their verdict has been entered it will not be entered it will not later be called into question based on the comments or conclusions they expressed during deliberations
true
a monarchy follows a prescribed line of succession typically by birth where all government decisions fall on the sovereign
true
a state that relegates minorities to second class citizenship by depriving them of rights or responsibilities held by other citizens of that state is fair game for congressional legislation
true
antifederalist feared the constitution would create a new tyranny to replace the one the colonies had just overthrown
true
if the federal government is assigned a task, such as entering treaties and trade agreements with foreign governments or maintaining an army, then the state cannot take that duty
true
neither lincoln not the republican platform called for the abolition of slavery, but rather accepted slavery where it then existed. They proposed eliminating slavery where it then existed. They proposed eliminating slavery in the territories irrespective of whether sanctioned by the state legislature or by popular vote
true
one of the arguments in brown v board of ed was that separate school systems for blacks and whites were inherently unequal and this violated the equal protection clause of the 14th amendment
true
only the house of reps is directly elected by the people, and, since the people provide the source of tax revenue, it follows that strict control over government funds derived from the people lies with those elected directly by the people
true
our federal government uses a triad approach to maintain checks and balances to ensure no branch of government holds greater power than the other
true
prior to the 18th century english law prohibited counsel from appearing in any felony criminal cases unless the court in its discretion permitted counsel to appear
true
section 3 of article IV of the constitution prescribes the methodology for the admission of new states into the union
true
since marijuana is a prohibited substance dispensaries in states with lax marijuana laws cannot use federally insured banks. yet must still pay federal taxes
true
some followers of zwingli argues that baptism of infants was not biblical because baptism was an act of faith and could only be done on those who have exercised faith, e.g. adults. An infant could not exercise faith, and could not be baptized
true
susan b anthony and elizabeth cady stanton were two women who became the faces of the suffragettes and founders of the national woman suffrage association
true
the 16th amendment gave congress the power to collect taxes on incomes
true
the 24th amendment coupled with the civil rights act of 1957 removed the final blocks for voting for minorities or persons of color
true
the 5th amendment does not protect all people during their interactions or confrontations with police and does not always protect silence
true
the 7th amendment addresses the right to a jury in a federal civil trial
true
the 8th amendment does not guarantee a prisoner a painless death
true
the 8th amendment prohibition of cruel and unusual punishment guarantees individuals the right not be subjected to excessive sanctions. the right flows from the basic precept of justice that punishment for crime should be graduated and proportioned to both the offender and the offense
true
the US supreme court's decision in the Bucklew case was compared to legalized torture
true
the ability of a US citizen to traverse, conduct business, and move property throughout the states creates consistency of civil liberties and civil rights
true
