Upham Midterm 2

Members of which of the following religious groups were likely to say that true Christianity required a disestablishment of religion? a. Baptists b. Unitarians c. Anglicans d. Congregationalists

a. Baptists

Who said that the genuine spirit of Christianity induced the states to abolish religious intolerance? a. Bishop John Carroll b. John Adams c. Alexander Hamilton d. none of the above

a. Bishop John Carroll

Which of the following is true of the compensation received by an Article-III judge during his or her time in office? a. Congress may increase it, but not decrease it b. Congress may decrease it, but not increase it c. Congress may increase it and decrease it d. Congress may neither increase nor decrease it.

a. Congress may increase it, but not decrease it

Jefferson was corresponding with a group in what state when he famously said that the First Amendment had established a "wall of separation between church and state"? a. Connecticut b. New York c. Virginia d. Massachusetts e. none of the above f. all of the above

a. Connecticut

On which of the following grounds did the Supreme Court dismiss Marbury's case? a. Court lacked original jurisdiction b. Marbury had no right to the commission c. Marbury had a right, but that right had expired d. Marbury had a right, but there was no judicial remedy available

a. Court lacked original jurisdiction

In which of the following colonies of the 1600s did King Charles II endorse a "livelie experiment" in religious freedom? a. Rhode Island b. South Carolina c. Maine d. Maryland

a. Rhode Island

Over which of the following kinds of cases does the Supreme Court have original jurisdiction? a. cases affecting ambassadors b. cases arising under treaties c. cases concerning citizens of different states d. state prosecuting one of its own citizens for violation of state law

a. cases affecting ambassadors

In what century was the 27th amendment first proposed? a. eighteenth b. nineteenth c. twentieth d. Twenty-first

a. eighteenth

According to Tocqueville, the passion for which of the following predominated in democratic times? a. equality b. learning c. freedom d. Justice

a. equality

According to Tocqueville, which of the following is the irresistible trend of the future? a. equality b. freedom c. both (a) and (b) d. neither (a) nor (b)

a. equality

Which of the following is not an advantage of the electoral-college design, as understood by Hamilton? a. equality of citizens as voters b. security for independence of executive vis-à-vis other branches c. decision made under conditions favorable to deliberation d. avoiding tumult and disorder in the community. e. all of the above (none are advantages) f. none of the above (all are advantages)

a. equality of citizens as voters

The love of which of the following is the "ruling passion of the noblest minds" according to Hamilton? a. fame b. liberty c. power d. virtue e. none of the above

a. fame

What level of government was constrained by the original Bill of Rights—the first ten amendments? a. federal b. state c. both (a) and (b) d. neither (a) nor (b)

a. federal

What is one way to remove the causes of faction, according to Madison? a. give all the same opinions and interests b. large republic c. standing army d. unitary executive

a. give all the same opinions and interests

Which of the following is not permitted to the states by Article I, section 10 of the Constitution? a. grant titles of nobility b. establish a police force c. raise taxes d. establish post offices

a. grant titles of nobility

Which of the following may the states do, but only if Congress consents? a. keep troops in time of peace b. pass ex post facto laws c. make treaties with foreign powers d. raise taxes

a. keep troops in time of peace

Which of the following is a power that Congress did not have under the Articles of Confederation but does have under the Constitution? a. lay and collect taxes b. declare war c. borrow money d. make treaties

a. lay and collect taxes

To completely prevent faction, which of the following must be destroyed? a. liberty b. security c. unity d. private property e. none of the above

a. liberty

Complete this quote: Even the love of fame, the _________ of the noblest minds..." a. ruling passion b. downfall c. peculiar feature d. great aspiration

a. ruling passion

According to Tocqueville, which of the following constitutions aggravate majority power in America? a. state constitutions b. federal constitution c. both (a) and (b) d. neither (a) nor (b)

a. state constitutions

Which of the following is true regarding human nature, according to Madison in Federalist 51? a. virtuous motives exist, but are inadequate and must be supplemented by systems that exploit vice b. vicious motives predominate at all times c. virtuous motives can prevail in a truly free country d. virtuous motives are an illusion

a. virtuous motives exist, but are inadequate and must be supplemented by systems that exploit vice

Which of the following concerns about the Bill of Rights motivated the inclusion of what we call the Ninth Amendment—that the enumeration of certain rights should not be misconstrued, etc. a. unnecessary b. dangerous c. both (a) and (b) d. neither (a) nor (b)

b. dangerous

What term does Hamilton use to describe the federal judiciary's function in invalidating statutes that the judiciary deems to be unconstitutional? a. duty b. judicial review c. judicial supremacy d. all of the above e. none of the above

b. judicial review

Which of the following methods does Madison recommend to deal with the problem of majority faction? a. give all the same opinions and interests b. large republic c. standing army d. unitary executive

b. large republic

Which of the following, according to Hamilton, is not one of the advantages offered by the electoral college as a mode of electing the President? a. prevention of cabal, intrigue b. preservation of the principle of one person, one vote c. independence of executive d. operation of the sense of the people in the election

b. preservation of the principle of one person, one vote

What unforeseen development necessitated the Twelfth Amendment? a. increase in population in western states b. rise of national cohesive political parties c. loss of sense of state identity d. all of the above e. none of the above

b. rise of national cohesive political parties

In response to that letter, which of the following terms did Jefferson famously use? a. freedom from religion b. separation of church and state c. America is a Christian nation d. each according to the dictates of his conscience

b. separation of church and state

At the constitutional convention, representatives from what states most strenuously favored counting blacks held in slavery as full persons (5/5 instead of 0/5 or 3/5) for purposes of congressional representation? a. New England states b. southern states c. western states d. mid-Atlantic states

b. southern states

What is the minimum number of presidential electors a state may have? a. 0 b. 1 c. 3 d. 5

c. 3

Who selects the President if no candidate wins a majority in the electoral college? a. state legislatures b. Congress c. House of Representatives d. Supreme Court

c. House of Representatives

Marbury v. Madison: What did the Supreme Court say? a. Marbury had a right to that remedy from the Supreme Court b. Marbury had no right to that remedy from any court c. Marbury had a right to remedy, but not from the Supreme Court d. Marbury had a right to a different remedy from the Supreme Court e. Marbury had a right to a different remedy from a different court f. none of the above

c. Marbury had a right to remedy, but not from the Supreme Court

Which Amendment to the Constitution was designed to address the problem raised by Hamilton as to the danger of a partial enumeration of rights in a "bill of rights"? a. Fifth b. Seventh c. Ninth d. Eleventh

c. Ninth

According to the Constitution of 1787, the members of which of the following bodies must be directly elected by the state legislatures? a. Congress b. electoral college c. Senate d. Cabinet

c. Senate

Which of the following officials are directly chosen by the people under the Constitution as amended today? a. President b. Vice-President c. Senators d. all of the above e. none of the above

c. Senators

About which of the following did the Founders disagree among themselves? a. the propriety of governmental support for particular denominations b. the propriety of religious tests for public office c. both (a) and (b) d. neither (a) nor (b)

c. both (a) and (b)

According to Publius, why would the addition of a Bill of Rights be inappropriate? a. unnecessary b. dangerous c. both (a) and (b) d. neither (a) nor (b)

c. both (a) and (b)

According to Tocqueville, which of the following aspects of judicial power limit the ability of the courts to nullify laws? a. must arise in a particular proceeding b. court must have jurisdiction c. both (a) and (b) d. neither (a) nor (b)

c. both (a) and (b)

According to the Northwest Ordinance and other Founding documents, to what purposes is religion necessary? a. good government b. happiness of individuals c. both (a) and (b) d. neither (a) nor (b)

c. both (a) and (b)

According to the Northwest Ordinance, which of the following was necessary to good government? a. religion b. morality c. both (a) and (b) d. neither (a) nor (b)

c. both (a) and (b)

According to the Northwest Ordinance, which of the following was necessary to the happiness of mankind? a. religion b. morality c. both (a) and (b) d. neither (a) nor (b)

c. both (a) and (b)

Marbury v. Madison: According to Chief Justice Marshall, what federal officials have a duty to directly read the Constitution and apply it according to their own understandings? a. members of Congress b. federal judges c. both (a) and (b) d. neither (a) nor (b)

c. both (a) and (b)

Which of the following is a case the federal courts may hear because of the nature of the law involved? a. cases affecting ambassadors b. cases arising under treaties c. cases concerning citizens of different states d. state prosecuting one of its own citizens for violation of state law

c. cases concerning citizens of different states

Which of the following should exhibit unity, not multiplicity, according to Publius? a. interests b. religions c. executive leadership d. all of the above e. none of the above

c. executive leadership

Which of the following should not exhibit multiplicity, unity, according to Publius? a. interests b. religions c. executive leadership d. all of the above e. none of the above

c. executive leadership

According to Publius, which of the following adjectives best describes the Necessary and Proper Clause? a. restrictive b. prohibitive c. expansive d. Declaratory

c. expansive

What passion, according to Publius, would be exploited by allowing the President indefinite re-eligibility? a. vanity b. love of food c. love of fame d. all of the above e. none of the above

c. love of fame

What passion, according to Publius, would be exploited by allowing the President indefinite reeligibility? a. vanity b. love of food c. love of fame d. all of the above e. none of the above

c. love of fame

Which of the following does Tocqueville see as a great problem of democracy—as it exists in America? a. majority faction b. lack of energy in the executive c. majority tyranny d. minority intolerance e. none of the above

c. majority tyranny

Under Article I, which of the following restrictions applied only against the states but not the federal government? a. no governmental taking of private property without compensation b. no ex post facto law c. no law impairing the obligation of contracts d. no suspension of the writ of habeas corpus

c. no law impairing the obligation of contracts

According to Tocqueville, what great freedom was threatened by majoritarian power in America? a. property acquisition b. religion c. opinion d. voting e. none of the above

c. opinion

Which of the following powers is vested in the President alone? a. appointments power b. proposal power c. pardon power d. treaty-making power

c. pardon power

How did the Twelfth Amendment alter the mode of electing the President? a. established electoral college b. abolished electoral college c. required electors to designate separate votes for presidency and vice-presidency d. mandated popular election of President

c. required electors to designate separate votes for presidency and vice-presidency

What is the term of office for members of the Senate? a. two years b. four years c. six years d. during "good behavior"

c. six years

As used in the Constitution, the expression "three-fifths of all other persons" refers to what persons? a. indentured servants b. blacks c. slaves d. Immigrants

c. slaves

Which of the following is not a case to which Article III of the Constitution extends the jurisdiction of federal courts? a. suit between citizens of different states b. state prosecuting one of its own citizens for violation of federal law c. suit between citizens of the same state d. any suit arising under foreign law

c. suit between citizens of the same state

Over which of the following cases does the Supreme Court have original jurisdiction? a. suits between citizens of different states b. suits where an ambassador is a party c. suits arising under the Constitution d. suits arising under treaties e. Suits

c. suits arising under the Constitution d. suits arising under treaties

Which of the following is a case that the federal courts cannot hear? a. suits between citizens of different states in a case arising under state law b. suits between citizens of different states in a case arising under federal law c. suits between citizens of the same state in a case arising under state law d. suits between citizens of the same state in a case arising under federal law

c. suits between citizens of the same state in a case arising under state law

All the Founders agreed that which of the following prohibits religious tests for offices under the United States? a. republicanism b. natural rights c. the Constitution of 1787 d. Christianity e. none of the above

c. the Constitution of 1787

Under the Twelfth Amendment, what is the lowest place in the electoral college that qualifies a Presidential candidate for election by the House? a. first b. second c. third d. fourth e. Fifth

c. third

All of the following are qualifications of members of the Senate under the original Constitution, except: a. at least 30 years old b. inhabitant of the state that they represent c. white race d. having been a citizen for at least nine years e. none of the above—all were required

c. white race

What did Marbury hope to receive (the "remedy" he was seeking)? a. monetary damages b. moral victory c. writ of mandamus d. writ of habeas corpus e. none of the above

c. writ of mandamus

According to John Carroll, the "genuine spirit" of which of the following supports religious freedom? a. republicanism b. natural rights c. the Constitution of 1787 d. Christianity e. none of the above

d. Christianity

Which of the following is true of the compensation received by a President during his or her time in office? a. Congress may increase it, but not decrease it b. Congress may decrease it, but not increase it c. Congress may increase it and decrease it d. Congress may neither increase nor decrease it.

d. Congress may neither increase nor decrease it.

For the Founders, what part of the soul was the subjective voice of the objective voice of God? a. spirit b. inner light c. reason d. Conscience

d. Conscience

From what small city did members of that religion hail who also wrote a famous letter to President Jefferson? a. Albany b. Columbia c. Peoria d. Danbury e. Poughkeepsie

d. Danbury

According to which of the following Catholics does the "genuine spirit of Christianity" require freedom of religious belief and worship? a. Pope Pius V b. James Madison c. King John I d. John Carroll

d. John Carroll

Who was the first bishop of the United States? a. John Cushing b. Jean-Baptiste Mercier c. Paul Claudel d. Carrol O'Connor d. John Carroll

d. John Carroll

Which side obtained the results he desired in Marbury v. Madison? a. Marbury b. Madison c. both d. Neither

d. Neither

Which of the following officials is not subject to a durational-citizenship requirement? a. members of House b. members of Senate c. Presidents d. Supreme Court justices e. all of the above (none of these officials must satisfy the rule) f. none of the above (all must satisfy this rule)

d. Supreme Court justices

Which Amendment regulates the timing of congressional pay-raises? a. Fifteenth b. Nineteenth c. Twenty-third d. Twenty-seventh

d. Twenty-seventh

According to Publius, what provision of the original Constitution is one of the kinds of rights one would find in a "bill of rights"? a. trial by jury b. c. no ex post facto laws d. all of the above e. none of the above

d. all of the above

What is one way to "remove the causes" of faction? a. enhance liberty b. enlarge the republic c. protect property rights d. destroy liberty

d. destroy liberty

What is the term of office for judges of the Supreme and inferior federal courts? a. two years b. four years c. six years d. during "good behavior"

d. during "good behavior"

Which of the following is not a power granted to Congress under Article I? a. declare war b. impose taxes c. raise and support an army d. establish justice

d. establish justice

To what did that bishop attribute the prevalence of religious freedom, even for non-Catholics, in the United States? a. imprudence b. prudence c. rejection of Christianity d. fulfillment of Christianity

d. fulfillment of Christianity

According to Madison, what is the "greatest reflection on human nature"? a. religion b. philosophy c. science d. government e. none of the above

d. government

Which of the following is a power that the President does not exercise "with the advice and consent of the Senate? a. making treaties b. appointing ambassadors c. appointing judges d. granting pardons

d. granting pardons

Which of the following is not a limit on the power of the courts to invalidate laws as unconstitutional? a. limited to cases or controversies b. limited to cases over which courts have jurisdiction c. limited to cases arising under federal statutes d. limited by rejection of "advisory opinion" power.

d. limited by rejection of "advisory opinion" power.

The concurrence of which of the following is necessary before a President can make a treaty? a. 2/3 of the Senate b. 2/3 of both Houses of Congress c. majority in the Senate d. majority in both houses of Congress

d. majority in both houses of Congress

Which of the following was not a qualification for membership in Congress under the original Constitution? a. minimum age b. durational citizenship c. residency in state d. male gender e. all of the above (none were required) f. none of the above (all were required)

d. male gender

Fill in the blank: "Congress shall have power...[t]o make all laws which shall be ________________ for carrying into execution [all] powers vested by this Constitution in the government of the United States..." a. elastic b. important c. required d. necessary and proper

d. necessary and proper

Which of the following provisions in the original Constitution did Publius point to as examples of provisions that reflect an existing "Bill of Rights"? a. freedom of speech b. privilege against self-incrimination c. both (a) and (b) d. neither (a) nor (b)

d. neither (a) nor (b)

Under Article I, which of the following restrictions applied only against the federal government but not the states? a. no governmental taking of private property without compensation b. no ex post facto law c. no law impairing the obligation of contracts d. no suspension of the writ of habeas corpus

d. no suspension of the writ of habeas corpus

The grant to Congress of which of the following powers generated the most controversy in the ratification debates? a. naturalization b.treaty-making power c. power to declare war d. power to tax

d. power to tax

Which persons most preferred that slaves be counted as full persons for purposes of allocating congressional seats? a. anti-slavery northerners b. pro-slavery northerners c. anti-slavery southerners d. pro-slavery southerners

d. pro-slavery southerners

Which of the following may the states do regardless of whether Congress first consents? a. keep troops in time of peace b. pass ex post facto laws c. make treaties with foreign powers d. raise taxes

d. raise taxes

Into which of the following categories does Publius categorize the power to grant letters of marque? a. miscellaneous objects of general utility b. maintenance of harmony and proper intercourse among the states c. restraint on the states d. security against foreign danger

d. security against foreign danger

Which of the following is NOT an ingredient of "energy" in the executive according to Publius (Hamilton)? a. unity b. duration c. competent powers d. separation of powers

d. separation of powers

Which of the following is a case the federal courts may not hear? a. cases concerning ambassadors b. cases arising under treaties c. cases concerning citizens of different states d. state prosecuting one of its own citizens for violation of state law

d. state prosecuting one of its own citizens for violation of state law

Which of the following powers may the President exercise, but only if two-thirds of the Senate concur? a. appointments power b. proposal power c. pardon power d. treaty-making power

d. treaty-making power

Under the original Constitution, what is the lowest place in the electoral college that qualifies a Presidential candidate for election by the House? a. first b. second c. third d. fourth e. Fifth

e. Fifth

Over which of the following cases does the judicial power of the United States extend? a. cases arising under federal law b. cases affecting ambassadors c. cases between citizens of different states d. cases arising under treaties e. all of the above f. none of the above

e. all of the above

Which of the following is a constitutional prerequisite for holding a judicial office in the United States? a. minimum age b. citizenship c. residence in a judicial district d. all of the above e. none of the above

e. none of the above

Which of the following officials are directly chosen by the people under the Constitution of 1788? a. President b. Vice-President c. Senators d. all of the above e. none of the above

e. none of the above

With whom was Jefferson corresponding when he famously said that the First Amendment had established a "wall of separation between church and state"? a. Puritans b. Deists c. Catholics d. Jews e. none of the above f. all of the above

e. none of the above

According to Bishop John Carroll, which of the following was banished in America due to the "genuine spirit of Christianity"? a. slavery b. monarchy c. aristocracy d. democracy e. religious intolerance f. all of the above g none of the above

e. religious intolerance

Marubury v. Madison: Which of the following did Chief Justice Marshall affirm? a. that federal statutes and the Constitution must be treated as equally authoritative b. that the Constitution is law as much as a federal statute is law c. that the Constitution is a set of abstract principles that are not really "law" d. that the federal courts, but not Congress, have a duty to uphold the Constitution e. all of the above f. none of the above

f. none of the above

With whom was Jefferson writing when he made famous the expression "wall of separation between Church and State"? a. Catholics b. Jews c. Methodists d. Deists e. all of the above f. none of the above

f. none of the above