TMU American Gov. Midterm

The section of Article I of the Constitution which enumerates the specific powers provided to Congress is the:

8th

Which of the following is not one of the departments of the executive Branch?

Alcohol Tobacco and Firearms

A form of government in which the separate states retain the right to make their own laws and to govern themselves in all matters which are not placed in the exclusive power of the Union or national government is called a :

federal government

The 20th Amendment provides for the reversal of presidential power when transferred to the Vice President temporarily, and allows the new President to name a Vice President.

False

The Articles of Confederation served as America's constitution until repealed by Connecticut in 1889.

False

The Commerce Clause articulates the idea that a citizen of the United States of America holds the right to traverse, conduct business, and move properly throughout the states without intrusion from state officials.

False

The Federalists wanted guaranteed protection for certain basic liberties, such as freedom of speech and trail by jury.

False

The First Amendment empowers Congress to legislate particular elements of a fully developed establishment of religion.

False

The Great Compromise used the Mason-Dixon Line to define North from South, or, slave states/territories from free territories.

False

The Magna Carta was the result of a dispute between the King of Spain and his military.

False

The edict of Rome, granted civil rights and full toleration to Christians in the Roman Empire.

False

The legislative branch can recognize necessary autonomy for the judicial branch to effectively enforce legislation enacted by Congress.

False

The main reason for a constitution to exist is to limit how much government can tax citizens.

False

The police had a search warrant with them, they did not show it to Mapp because she called her attorney.

False

The police in the case Mapp v. Ohio were looking for evidence of a marijuana growing operation in the basement of Dollree Mapp's house.

False

The right of the Supreme Court to declare federal and/or state laws unconstitutional is set out in Article 3 of the Consitution.

False

The world religion is defined in the Constitution in the First Amendment.

False

Thomas Jefferson, James Madison, and George Washington were all Baptist.

False

To enact church discipline, the local church had the right to exclude errant members from participation in Communion in accordance with Proverbs.

False

Which of the following Amendments to the Constitution of the United States has never faced Supreme Court scrutiny?

Third

Some followers of Zwingli argued 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

Th United States does not allow a state to be sued by citizens of another state, or by citizens or subjects of any foreign state.

True

The Constitution established the jobs and structures of the operational institution of government, the Bill of Rights and subsequent amendments set out the protections for the individuals served by the governemnt.

True

The Founding Fathers feared a conglomerate head of the Executive Branch would cause a catastrophic diffusion of ideas and power making for a weal branch incapable of executing laws.

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 a=such a decision.

True

Believers must make a conscious effort to separate themselves from sinful association and behaviors by not being unequally yoked with unbelievers or participating in government.

True

By relying on a single head government, it created the concept of accountability, as one person answered for the whole of the Executive Branch; it created the idea of a streamlined, transparent system with one man held responsible for the workings of government, good or bad.

True

Civil liberties are specific freedoms guaranteed by the Constitution.

True

Following a brief civil war that saw the deposition of the Catholic King James II in favor of his son in law the Protestant King William III, British Parliament wanted to guarantee that no future king could accrue too much power at their expense.

True

If a state attempts to subvert the republics government the federal government has authority to reestablish the republican government in that state.

True

If the federal government is assigned a task, such as entering treaties and trade agreements with foreign governments or maintaining an army (not including local militias or the National Guard), then the state cannot take that duty.

True

If the right to bear arms held as a collective right, it would be the singular example of such in the Bill of Rights; all other rights addressed in the first Ten Amendments works as individual rights, making it more logical assumption that the right to bear arms also worked as an individual right.

True

In Anti-Federalist Paper 84, Brutus wrote that it is not necessary that individuals should relinquish all their natural rights. Some are of such a nature that they cannot be surrendered. Of this kind are the rights of conscience, the right of enjoying and defending life, etc.

True

In Federalist No.68, Alexander Hamilton addressed the need for the Electoral College to prevent small, select areas and large states from having a disproportionate effect on the outcome of the Presidential election.

True

In Reynolds v. United States (1879), the Supreme Court of the United States upheld Reynolds' conviction for polygamy. The Court decides that Reynolds was free to believe as he felt lead, but he could not commit a crime in the name of his religion.

True

In Worcester v. Georgia, the Supreme Court of the United States court struck down Georgia's extension laws and rules that the Indian nations were distinct, independent political communities retaining their original natural rights.

True

In the case New York Times v. Sullivan (1964), the Supreme Court reasoned that criticism of the conduct of government officials does not lose its constitutional protection merely because it is effective criticism, and hence diminishes their official reputations. This is true even though the statement contains half-truths and misinformation.

True

In the context of impeachment the "misdemeanor" focuses on the behavior of a public official, i.e., his demeanor.

True

James Madison deploys the foundational concepts in the First Amendment on a disciplined inside-to-outside axis, beginning in the two religion clauses with freedom of thought, progressing through three ascending levels of individual interaction with the community free expression of an idea by an individual, mass dissemination of the idea by a free press, and collective action in support of the idea by the people - and culminating in the petition clause with the introduction of the idea into the formal process of democratic lawmaking.

True

Jamestown, the first permanent English settlement in America, was founded by the Virginia Company in 1607 as the base of their operation in the New World and is an example of England contracting with private companies to establish colonies.

True

John Peter Zenger's acquittal undoubtedly influenced the founding fathers and their concerns for protecting the freedom of the press from overreaching government control.

True

Loyalty to his country is the first duty of the citizen, and this means that he is bound to support and respect its Constitution, obey its laws, bear his just share of the expenses of the government, and render service as is required of him, whether in civil life or in defense of the country under arms.

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

The Founding Fathers never questioned the right of an individual to possess a firearm, this was a fundamental need for an individual to provide for his family.

True

Under the Articles of Confederation, the underlying assumption was that the central government received its legitimacy and power from the state governments.

True

Examples of bad behavior and impeachable offenses by federal judges includes:

all of the above

The President, Vice President, and all civil officials of the United States, shall be removed from office on impeachment for, and conviction of:

All of the below

The Virginia Statue for Religious Liberty ended the relationship between the ____________ and the state and guaranteed religious liberty to all of Virginia's citizens.

Anglican Church

When a federal judge's conduct calls into question 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 history of America "Critical Period" when the United States experience a number of crises and issues that led to the creation of a new constitution later in the decade is the:

Critical Period

The first time the Supreme Court recognized an individual's right to possess a firearm for self-defense under the Second Amendment was in the case:

District of Columbia v. Heller

The ___________ permits the weighing of voting so the election actually represents the entirety of the nation rather than only small geographical locations.

Electoral College

Samuel Adams argued in Federalist 46, "Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms.

False

Section 4 of Article 4 of the Constitution dictates how each state will treat other states in respect to their various laws

False

Several proponents of the limitation of gun ownership note the text of the amendment as evidence of the intention of this amendment toward an individual right rather than a collective right.

False

A law enforcement officer has a blank search warrant with him and can fill them in however he wants.

False

A national government is established to protect the wealthy in the enjoyment of their rights and to promote the general public welfare and prosperity.

False

Among the most adamant advocates for a Bill of Right were the Puritans.

False

Any warrant is good, valid warrant, as long as a judge signs it.

False

Article 4 of the Constitution created the method to ratify the Constitution, with an excess of two-thirds of the states ratifying for the Constitution to become the official founding document of the United States of America.

False

By the time of the American Revolution, the 22nd Continental Congress served as the de facto government of what was then the "united states of America".

False

Federalists argued that the new government was too powerful, which overlooked the safeguard in the Constitution, such as limited government, separation of powers, and checks and balances

False

Federalists wanted guaranteed protection for certain basic liberties, such as freedom of speech and trail by jury.

False

If an individual wanted on criminal charges in one state is found in another, the Governor of the state issuing charges would petition the President and request that the individual be arrested and returned.

False

In 1877, the Congress ratified the "Articles of Confederation," which served as the United States' first constitution.

False

In what became known as the Boston Massacre, Parliament passed a series of laws which removed much of Massachusetts'; political autonomy.

False

Law enforcement officers has a warrant to search the home of Dollree Mapp

False

Maryland's charter provides for "liberty of conscience".

False

Most colonists considered The Royal Proclamation of 1763 to be reward for their efforts in the French and Indian War.

False

Resentment over domestic and foreign policy, economic issues, and tax issues led to Shay's Rebellion in 1786.

False

Which of the following is not a territory of the United States?

Grenada

The goal of having two houses of Congress was two-fold, to:

Implement the Great Compromise between the Virginia Plan and the New Jersey Plan for government, and prevent hastily drawn legislation from approval, since both houses of Congress must approve of legislation before it becomes law.

Who wrote Federalist Paper #51, "The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments?"

James Madison

Judicial review was established by the Supreme Court in the case of:

Marbury v. Madison

The act of communion in the Anabaptist faith is:

Memorial

No state shall pass a law contradicting the Constitution of the United States, not shall any state enact a law contrary to any legislation passed by Congress, is the definition of the:

Supremacy Clause

Which of the following was a precedent for the Bill of Right?

The English Bill of Right

The sole power to impeach an official belongs to:

The House of Representatives

A nation is a people living in a country which they hold as their own, and united under a government which has control over that country and all its inhabitants.

True

Who said, "The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government?"

Thomas Jefferson

Amendments are added to the Constitution to create a continuity and assure that each state has a say in the additions to governing document.

True

Antifederalists feared the Constitution would create a new tyranny to replace the one the colonies had just overthrown.

True

As set out in the Article of Confederation, Congress did not have the power to impose its own taxes, instead being entire reliant on the contribution the states made to the national government, giving the states even more power.

True

Attorney Walter Greene advised Dollree Mapp to withhold consent to search her house unless the officers produced a search warrant.

True

According to the ______________, Britain was to withdraw from its garrisons throughout the Ohio Territory.

Treaty of Paris

A monarchy follows a prescribed line of succession typically by birth where all government decisions fall on the sovereign.

True

The Founding Fathers tried to use the three-fifths compromise to inspire emancipation of the slaves; by emancipating the slaves, the southern states would gain greater representation in the House of Representatives, since all persons would be fully counted

True

The Fourth Amendment is designed to protect American from unreasonable searches and seizures by the government.

True

The Magna Carta formed the foundation of such rights as a speedy trial, habeas corpus, and no extensive taxation without consent/representation.

True

The Preamble's right to "life, liberty, and the pursuit of happiness" as an indelible right, can be seen as contradictory to the Biblical principle of "love your enemies, do good to them which hate you, bless them that curse you, and pray for them which despitefully use you". These are not contrary nor mutually exclusive statements, nor should they be treated as such.

True

The Supreme Court reasoned the case United States v. Cruikshank, that gun ownership is a collective right.

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 in Europe.

True

The broad power of taxation is given to Congress only to pay the debts and provide for the common defense and general welfare of the United States.

True

The combination of population-based representation and equal representation within the same branch of government - specifically the legislative branch - guaranteed implementation of laws with each state and each person in mind.

True

The first known use of the phrase "free exercise" appears in America in a document written by Lord Baltimore un an attempt to ensure such freedom for Roman Catholics settling in Maryland.

True

Which of the following is not one of three models of constitutions of the American colonies:

autocratic colony

The Constitution established the five functions of government, which includes:

establish justice, ensure domestic tranquility, provide for the common defense, and promote the general welfare.

Civil rights comprise the protection of civil liberties from discrimination, meaning government cannot infringe the civil liberties of an individual such as:

gender, race, ethnicity, and national origin or disability

Civil rights comprise the protection of civil liberties from discriminations, meaning:

gender, race, ethnicity, and national origin or disability