Government Accelerated Inst. - Flashcards

question

Writing a state constitution is an example of an implied power. a reserved power. a concurrent power. an expressed power.

answer

a reserved power.

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According to Article I, Section 2 of the Constitution, each state representative must have been living in the United States for one's entire life. citizenship in one of the fifty American states. reached a minimum age of twenty-five years old. at least a four-year degree from an accredited university

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reached a minimum age of twenty-five years old.

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The power to declare war belongs to state and local governments. national and state governments. national government. state governments.

answer

national government.

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Which statement reflects Thomas Gibbons's view of interstate commerce? State and federal governments should jointly negotiate interstate commerce. The federal government should have power over interstate commerce. Individual operators should negotiate interstate commerce. State governments have power over interstate commerce.

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The federal government should have power over interstate commerce.

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Supreme Court justices are approved by the president. the vice president. Congress. the Senate.

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the Senate.

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The Judiciary Act of 1789 gave powers to the judicial branch that went beyond what the Constitution outlined. Because of this, the act was ruled unconstitutional. was an example of original jurisdiction. led to an amendment to the Constitution. overruled the Supreme Court.

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was ruled unconstitutional.

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Why is the Supremacy Clause considered to be "the root of federalism"? It describes the relationship between federal and state power. It outlines the basic rights due to every American citizen. It lists the powers that are directly reserved for each of the states. It identifies the "supreme law of the land" as the US president.

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It describes the relationship between federal and state power.

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Which key idea in the Constitution creates a division of power between national and state governments? habeas corpus individual rights federalism republicanism

answer

federalism

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Which is a true statement about James McCulloch of McCulloch v. Maryland? He ran a federal bank in Maryland. He refused to pay federal taxes. He paid state and federal taxes. He owned a state bank in Maryland.

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He ran a federal bank in Maryland.

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Which of these powers are under the control of the state? administering elections regulating commerce coining money declaring war

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administering elections

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Protection of habeas corpus means that citizens cannot be punished without a trial. laws cannot apply to past situations. citizens cannot be held without legal action. laws cannot include cruel or unusual punishments.

answer

citizens cannot be held without legal action.

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Which is the term used for the legislative branch setting aside or reversing a decision? override reject veto table

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override

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What is the last step in the process of getting a bill passed into law? reviewing it in committee sending it to the other house approving it by a vote sending it to the president

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sending it to the president

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Who heads the judicial branch of government? Congress the Supreme Court the president the cabinet

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the Supreme Court

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Which individual freedom is protected under the Constitution? freedom to speak about anything freedom to meet peacefully freedom from search and seizure freedom from being detained

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freedom to meet peacefully

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Which had the greatest influence in prompting the Second Continental Congress to declare independence? the battles of Lexington and Concord King George III's rejection of peaceful reconciliation financial support from France and Spain increased open public support for independence

answer

increased open public support for independence

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Which statement describes a natural right? the rights that are given under specific circumstances the rights that are granted to only certain citizens the rights that can be restricted by government the rights that cannot, or should not, be taken away

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the rights that cannot, or should not, be taken away

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The Declaration of Independence intended to end British rule in the colonies, and grant citizens the right to freedom of speech the right to self-govern the ability to live without a government the ability to vote for a president

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the right to self-govern

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As the colonies moved toward independence, the First Continental Congress was created in 1760. 1768. 1773. 1774.

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1774.

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Which best summarizes the social contract outlined in the Preamble to the Declaration of Independence? Government has the power to protect natural rights, but states must also protect their rights. Government has the power to protect natural rights, but people must also protect their rights. Government has the power to protect natural rights, but people can change their government if it fails to do so. Government has the power to protect natural rights, but states can challenge the government if it fails to do so.

answer

Government has the power to protect natural rights, but people can change their government if it fails to do so.

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In which section of the Declaration of Independence is the purpose of government described? the Preamble the body the conclusion the grievances

answer

the Preamble

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Does the preamble to the Declaration of Independence indicate reasons why the new independent government might be similarly removed or overthrown? Why or why not? No. It demands reconciliation between the government and the governed. Yes. It outlines when it is appropriate to remove a government. No. It states that governments cannot simply be changed. Yes. It indicates that the will of the people must be followed.

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[NOT] No. It demands reconciliation between the government and the governed.

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Was the Declaration of Independence intended to be a formal declaration of war? Why or why not? Yes. Though fighting preceded the writing, it was intended to be a formal declaration of war. No. The war started a year before the Declaration of Independence was written. Yes. The Declaration of Independence formally united the militias of the individual colonies. No. There was no need to declare war, as this power had yet to be established.

answer

No. The war started a year before the Declaration of Independence was written.

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Read the quotation from the Declaration of Independence. "For cutting off our Trade with all parts of the world." Which reason best explains why this grievance was included in the Declaration? The colonists could not get goods without the Crown's permission. The colonists could export goods only to Britain. The British closed ports to punish the colonies. Trade focused on generating income for the Crown only.

answer

Trade focused on generating income for the Crown only.

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The preamble to the Declaration of Independence outlines the principles upon which the new government would be based. Which of these best describes one of those principles? a government based on a social contract the end of taxation without representation the removal of the British military a need for equality regardless of race or gender

answer

a government based on a social contract

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Read the preamble to the Constitution. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. According to the preamble, where does the power of government come from? the order the union the defence the people

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the people

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Which is the best example of how the Constitution made the federal government stronger in dealing with other countries? The federal government has the power to regulate state trade. The federal government has the power to maintain a military. The federal government has the power to make laws. The federal government has the power to collect taxes.

answer

The federal government has the power to maintain a military.

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The idea that government is not above the law is an example of rule of law. federalism. limited government. guaranteed rights.

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limited government.

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To which branch of government does the power to interpret laws and apply the Constitution to the law belong? federal executive judicial legislative

answer

judicial

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According to the Constitution, the right of freedom of religion supports practicing religions that are national and official. practicing religions approved by the government. practicing religion only in private settings. practicing any religion that one chooses.

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practicing any religion that one chooses.

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Read the Preamble to the US Constitution. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. According to the Preamble, where does the power for government come from? the welfare the leaders the defence the people

answer

the people

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Read the excerpt from the preamble to the Constitution. . . . [A]nd secure the Blessings of Liberty to ourselves and our Posterity. According to this excerpt of the preamble, who were freedoms and rights established for? federal and state elected officials executive and judicial officials leaders and past generations framers of the Constitution and future generations

answer

framers of the Constitution and future generations

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Which power does the federal government share with state governments? printing money collecting taxes setting up local governments conducting foreign affairs

answer

collecting taxes

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When the Supreme Court declares a law that was created by Congress unconstitutional, it is an example of presidential veto. popular sovereignty. checks and balances. habeas corpus.

answer

checks and balances.

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Which best describes a role of the executive branch of the federal government? governing commerce interpreting laws regulating taxes enforcing laws

answer

enforcing laws

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What is the best definition of federalism? a government in which power is given to Congress directly a government in which power is under the control of the states a government in which power is divided between state and national levels a government in which powers are directly stated in the Constitution

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a government in which power is divided between state and national levels

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Declaring war and coining money are considered states' rights. implied powers. national rights. expressed powers.

answer

expressed powers.

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Read the quote from the US Constitution. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people. Which type of powers is this describing? Powers shared by both state and federal levels. Powers implied within the Constitution. Powers held by the states alone. Powers clearly identified for the federal level.

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Powers held by the states alone.

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Expressed powers are those that are specifically granted in the Constitution. held by both the federal government and the states. considered the basis for the "necessary and proper" clause. inferior compared to powers directly given by Congress.

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specifically granted in the Constitution.

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Which of these is considered a concurrent power? establishing schools drafting soldiers coining money collecting taxes

answer

collecting taxes

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Which is an implied power of the federal government? raising taxes regulating trade drafting soldiers declaring war

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[NOT] raising taxes [NOT] regulating trade

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The sources of state power are specifically outlined in the Tenth Amendment. the Supremacy Clause. Article I. state constitutions.

answer

the Tenth Amendment.

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The Supremacy Clause forms the root of what aspect of the country's government system? the Constitution checks and balances the concept of federalism civil and independent rights

answer

the concept of federalism

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Which of these powers is considered an implied power? raising taxes regulating trade creating a national bank declaring war

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creating a national bank

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Which powers are given directly to the people? implied reserved concurrent expressed

answer

reserved

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What is considered the most important power Congress holds? collecting taxes electing leaders creating laws determining citizenship

answer

creating laws

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Congress checks on the power of the presidency by overriding a presidential reversal or veto. debating the bill in both of the houses. making laws without presidential review. sending the bill back to several committees.

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[NOT] debating the bill in both of the houses.

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Which statement about Congress is accurate? It is made up primarily of the House of Representatives. Its senate is based on population-driven representation. It is based on the Constitution's bicameral legislature. It establishes two houses that operate on equal representation.

answer

It is based on the Constitution's bicameral legislature.

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Congress has the express financial power to establish a national banking system. create and collect new taxes. order the president to borrow money. seize property for government projects.

answer

create and collect new taxes.

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What statement about the Necessary and Proper Clause is accurate? It is the source of implied powers. It is written so as not to be open to debate. It includes both financial and military powers. It is specifically reserved by other powers.

answer

It is the source of implied powers.

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Which of these is an expressed power of Congress? admitting new states creating a national banking system eliminating amendments to the Constitution determining what is cruel and unusual punishment

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[NOT] eliminating amendments to the Constitution

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What is the focus of Article I of the Constitution? describing the powers of the legislative branch defining bicameral and unicameral houses explaining the veto and override processes reviewing the executive branch of the government

answer

describing the powers of the legislative branch

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After a bill has been introduced, what happens next? It is debated on the floor. It is sent to the other house. It is reviewed in committee. It is approved by a vote.

answer

It is reviewed in committee.

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Which statement applies to both senators and representatives? They serve four-year terms. They can be expelled for breaking rules. They must have a college education. They should be registered voters.

answer

They can be expelled for breaking rules.

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Which of these actions is forbidden by the Constitution? creating a law ex post facto borrowing money from the government passing "necessary and proper" laws regulating trade with foreign countries

answer

creating a law ex post facto

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According to the Constitution, the amount of time the president and vice president serve in office together for one term is four years. six years. seven years. ten years.

answer

four years.

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A limitation on the president's power to appoint ambassadors is that the Senate must approve them. the House must approve them. the House and Senate must approve them. the Supreme Court must approve them.

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the Senate must approve them.

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A main purpose of the president's State of the Union address is to identify major policy issues. explain Supreme Court decisions. challenge congressional policies. defend executive branch decisions.

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[NOT] explain Supreme Court decisions.

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Which describes how Congress affects the president's abilities to grant pardons and appoint cabinet members? The Senate approves pardons but not cabinet members. The House approves cabinet members but not pardons. The Senate approves cabinet members but not pardons. The House approves pardons but not cabinet members.

answer

The Senate approves cabinet members but not pardons.

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A qualification for president under Article II of the Constitution is being born in the United States. being born in Washington DC. living for ten years in the United States. living for ten years in Washington DC.

answer

being born in the United States.

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Which best describes how the executive branch affects the power of the military? The executive branch shares power with the military. The executive branch checks the power of the military. The executive branch strengthens the power of the military. The executive branch gives power to the military.

answer

The executive branch checks the power of the military.

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Which best describes how the Electoral College affects the executive branch? The Electoral College chooses the president and vice president. The Electoral College chooses the vice president and the cabinet. The Electoral College chooses the president and the cabinet. The Electoral College chooses the president and some cabinet members.

answer

The Electoral College chooses the president and vice president.

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Which statement best explains why the Constitution limits the power of the executive branch? The Constitution limits the executive branch to keep the vice president from overthrowing the president. The Constitution limits the executive branch to keep the president from becoming too powerful. The Constitution limits the executive branch to keep the president from interfering in the work of other branches. The Constitution limits the executive branch to keep the vice president from interfering in the work of the president.

answer

The Constitution limits the executive branch to keep the president from becoming too powerful.

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Which is an example of a presidential power that has no clear limitation? selecting a cabinet making a treaty appointing ambassadors granting pardons

answer

granting pardons

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Which best explains how the president selects a justice for the Supreme Court? The president selects a judge that is qualified but disagrees with him on issues. The president selects a judge whom he considers the most qualified and will most likely support his agenda. The president selects a qualified judge that Congress proposes. The president selects a qualified judge whom existing judges approve of.

answer

The president selects a judge whom he considers the most qualified and will most likely support his agenda.

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In which jurisdiction would further review of a federal court decision fall under? original appellate superior state

answer

appellate

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The Constitution gives Congress the power to create federal courts lower than the Supreme Court. higher than the Supreme Court. equal to the Supreme Court. unaffected by the Supreme Court.

answer

lower than the Supreme Court.

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An unanswered Constitutional question about the judicial branch is who should approve judges and justices. how to create lower federal courts. how to create a Supreme Court. who should appoint judges and justices.

answer

how to create lower federal courts.

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Which would most likely fall under the original jurisdiction of the Supreme Court? a case involving the laws of a single state a case between two companies a case appealed from a lower court a case between two states

answer

a case between two companies

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Which is the most likely reason the framers of the Constitution did not tell the judicial branch how to interpret the document? They wanted the judicial branch to reach its own conclusions. They wanted the judicial branch to work with the executive branch. They wanted the judicial branch to work with the legislative branch. They wanted the judicial branch to change existing laws.

answer

They wanted the judicial branch to reach its own conclusions.

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The selection of federal judges by the executive branch is an example of checks and balances. original jurisdiction. advice and consent. appellate jurisdiction.

answer

checks and balances.

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In terms of jurisdiction, the Supreme Court has executive and appellate. original and appellate. legislative and original. original and executive.

answer

original and appellate.

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The final authority on legal questions in the United States is the president. the vice president. the Senate. the Supreme Court

answer

[NOT] the president.

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Which best describes how the structure of the judicial branch affects the judicial branch's interpretation of the Constitution? The system of federal courts and a Supreme Court give the judicial branch many opportunities to interpret the Constitution. The system of federal courts and a Supreme Court give the judicial branch few opportunities to interpret the Constitution. The system of federal courts and a Supreme Court force the judicial branch to answer to the executive branch. The system of federal courts and a Supreme Court force the judicial branch to answer to the legislative branch.

answer

The system of federal courts and a Supreme Court give the judicial branch many opportunities to interpret the Constitution.

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During criminal cases, which are guaranteed by the Constitution? judges and lawyers trials and juries judges and trials justices and lawyers

answer

trials and juries

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Which process does Article V of the Constitution describe? amending the Constitution granting powers to the states contradicting federal law returning enslaved persons

answer

[NOT] granting powers to the states

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To modify the Constitution, an amendment must first be proposed by the president. the Supreme Court. Congress or the states. the vice president.

answer

Congress or the states.

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Which is a true statement about the Full Faith and Credit Clause? The Full Faith and Credit Clause deals with legal proceedings between states. The Full Faith and Credit Clause deals with enslaved persons in different states. The Full Faith and Credit Clause deals with equal protection for citizens. The Full Faith and Credit Clause deals with constitutional rights for citizens.

answer

The Full Faith and Credit Clause deals with legal proceedings between states.

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The House and Senate can only pass amendments to the Constitution if the amendment receives a majority vote. the president supports them. the amendment receives a two-thirds vote. the judiciary branch supports them.

answer

the amendment receives a two-thirds vote.

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Which statement summarizes the Enslaved Persons Clause? Enslaved persons who escape must be given constitutional rights. Enslaved persons who escape must be given equal protection. Enslaved persons who escape must be returned to their home states. Enslaved persons who escape must be granted their freedom.

answer

Enslaved persons who escape must be returned to their home states.

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Which best explains how Article IV is connected to federalism? Article IV grants powers to states while limiting the powers of the federal government. Article IV grants powers to federal government while limiting the powers of the states. Article IV grants powers to states while limiting the powers of the executive branch. Article IV grants powers to federal government while limiting the powers of the judicial branch.

answer

Article IV grants powers to states while limiting the powers of the federal government.

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Based on the Supremacy Clause, which must US judges support? state laws state and federal laws the Constitution the Bill of Rights

answer

the Constitution

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How many states must approve an amendment before it can be added to the Constitution? One-quarter. One-half Three-fourths Five-eighths

answer

Three-fourths

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What does the Supremacy Clause do? It establishes a way to change the Constitution. It establishes rights for citizens in different states. It establishes a foundation for government. It establishes relationships between states.

answer

It establishes a foundation for government.

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Amendments to the Constitution can be proposed by the president and vice president. Congress and state legislatures. the president and the Supreme Court. Congress and the Supreme Court.

answer

Congress and state legislatures.

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According to Anti-Federalists, the Constitution would make the president too weak. could make the president less powerful than Congress. could give the president too much influence. would make the president work closely with states.

answer

could give the president too much influence.

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What did Anti-Federalists fear would happen if the Constitution became law? Congress would have too much power over states. States would have too much freedom to make their own laws. Congress and states would have equal power. States would control which laws Congress made.

answer

Congress would have too much power over states.

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Read the excerpt from the Publius. It may be a reflection on human nature, that such devices [checks and balances] should be necessary to control the abuses of government... If men were angels, no government would be necessary. —Publius Which statement summarizes the publication's view of government? We need government so we have a means to control our leaders. We need government because people are flawed. We don't need government because people are well behaved. We don't need government because it has too many checks and balances.

answer

We need government because people are flawed.

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A faction is a group that strongly disagrees with another group. strongly favors ratifying the Constitution. strongly agrees with another group. strongly opposes ratifying the Constitution.

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[NOT] strongly agrees with another group.

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Read the excerpt from the Centinel. This hypothesis [separation of powers] supposes human wisdom competent [capable] to the task of instituting three co-equal orders in government...If such an organization of power were practicable [able to be used], how long would it continue? Not a day. —Centinel What is the Centinel's view of the three-party system? People could not create a fair system with three separate powers. A three-branch system could last not just one day, but many years. Wise humans could make three equal powers in government. It would be foolish to have fewer than three branches of government.

answer

People could not create a fair system with three separate powers.

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Read the excerpt from the Publius. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. —Publius How would Federalists most likely respond to this? They would agree but doubt the Constitution could make that happen. They would doubt that any central government could meet these goals. They would argue that the government does not need to control itself. They would agree and be confident that the Constitution meets those goals.

answer

They would agree and be confident that the Constitution meets those goals.

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Federalists believed a workable government must separate government into branches. should centralize power under the president. cannot prevent abuses of power. could not be created under the Constitution

answer

must separate government into branches.

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What was the Federalists' view of the Constitution? They would approve of the Constitution only if Anti-Federalists favored it. They did not favor the Constitution. They would only favor the Constitution if major changes were made to it. They approved of the Constitution.

answer

They approved of the Constitution.

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Anti-Federalists argued that branches of government would keep each other in balance. it was impossible to separate government into equal branches. the Constitution would create a Republican government. a Republic should protect people from the government and from each other.

answer

it was impossible to separate government into equal branches.

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Which best describes Patrick Henry? He agreed with Alexander Hamilton and opposed the Constitution. He was a Federalist and opposed the Constitution. He was an Anti-Federalist and opposed the Constitution. He disagreed with Alexander Hamilton and favored the Constitution.

answer

He was an Anti-Federalist and opposed the Constitution.

question

Before McCulloch v. Maryland went to court, the state of Maryland argued that James McCulloch must pay federal taxes. created the first federal bank in the state. said that only state banks were allowed within Maryland's borders. passed a law that required federal banks to pay state taxes.

answer

passed a law that required federal banks to pay state taxes.

question

What was James Madison's position regarding the Supreme Court ruling in Marbury v. Madison? He agreed that the Judiciary Act of 1789 was constitutional. He opposed the Supreme Court ruling in Marbury v. Madison. He believed the Supreme Court should consider Marbury's case. He supported the Supreme Court ruling in Marbury v. Madison.

answer

He supported the Supreme Court ruling in Marbury v. Madison.

question

Which is the best definition of "supremacy"? highest authority limitless power superior judgment greater aptitude

answer

highest authority

question

Read the excerpt from the Constitution of the United States, Article 1, Section 8. [Congress shall have power] to regulate Commerce with foreign Nations, and among the several States. This excerpt reinforces the idea of federal supremacy. implied powers. balance of powers. judicial review.

answer

federal supremacy.

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An implied power is one that is clearly outlined in the Constitution. gives the Supreme Court power to revise the Constitution. overrules the wording of the Constitution. is suggested by the Constitution.

answer

is suggested by the Constitution.

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Which is an example of federal supremacy? State banks must pay taxes to the more powerful federal government. The Supreme Court can decide whether a law or act is constitutional. Congress has powers that are not specifically outlined in the Constitution. A state is not allowed to tax federal money because federal law is superior.

answer

[NOT] The Supreme Court can decide whether a law or act is constitutional.

question

What was a result of Gibbons v. Ogden? Aaron Ogden got permission to operate his steamboats in New York. Thomas Gibbons was allowed to operate his steamboats in New York. Thomas Gibbons won a federal license to operate his steamboats. Aaron Ogden maintained a monopoly on steamboat operation in New York.

answer

Thomas Gibbons was allowed to operate his steamboats in New York.

question

Why did William Marbury support the Judiciary Act of 1789? It allowed Marbury to take his case to the Supreme Court. It overruled James Madison and confirmed Marbury's appointment. It said that James Madison's actions were unconstitutional. It limited the Constitution's power to affect Marbury's case.

answer

It allowed Marbury to take his case to the Supreme Court.

question

Review this quote from the decision in Marbury v. Madison. It is emphatically the province and duty of the Judicial Department to say what the law is. How does this excerpt summarize the case? It explains why the Supreme Court ruled in favor of William Marbury in the case of Marbury v. Madison. It explains that the Supreme Court should decide whether a law or action is constitutional. It explains why the judicial department ruled that the Judiciary Act of 1789 was constitutional. It explains that the judicial department has powers that go beyond the limits of the Constitution.

answer

It explains that the Supreme Court should decide whether a law or action is constitutional.

question

In McCulloch v. Maryland, what did the State of Maryland argue? Banks cannot be created by Congress. States can determine which institutions within its borders must pay taxes. A federal bank must pay taxes to the state in which it is located. Banks may only be created by Congress, not by individuals.

answer

Banks cannot be created by Congress.

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According to the preamble to the Bill of Rights, what is the purpose of the Bill of Rights? to guarantee everyone's rights to stop people from depriving others of their rights to ensure equal rights for all to prevent the government from abusing people's rights

answer

to prevent the government from abusing people's rights

question

Which best describes how unenumerated rights differ from procedural and substantive rights? Unenumerated rights apply only to the states. Unenumerated rights are not listed in the Constitution. Unenumerated rights cannot ever be defined. Unenumerated rights combine procedural and substantive rights.

answer

Unenumerated rights are not listed in the Constitution.

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The Bill of Rights consists of the first _______amendments to the Constitution.

answer

ten

question

What is the common purpose of the Ninth and Tenth amendments? They protect the rights of noncitizens. They protect rights not listed in the Constitution. They protect the federalist system. They protect the federal government from the states.

answer

They protect rights not listed in the Constitution.

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Which type of rights were most influential in the creation of the Bill of Rights? substantive rights natural rights civil rights procedural rights

answer

natural rights

question

James Madison presented nineteen amendments to Congress. Why were only ten approved? Only ten amendments were ratified by the states. Some of the amendments were deemed unconstitutional. Congress presented only ten amendments to the states. Only ten amendments were approved by Congress.

answer

Only ten amendments were ratified by the states.

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What is the Bill of Rights? a list of reasons supporting ratification of the Constitution a list of the civil liberties and rights of citizens of the United States a list of the fundamental rights held by the government a list of demands from the American colonies for independence

answer

a list of the civil liberties and rights of citizens of the United States

question

If Chris is on trial and does not want to testify in court, which amendment protects her from testifying? the Fourth Amendment the Fifth Amendment the Sixth Amendment the Eighth Amendment

answer

the Fifth Amendment

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Which amendment was designed to allay Anti-Federalist fears of a central government with too much power? the First Amendment the Fourth Amendment the Ninth Amendment the Tenth Amendment

answer

the Tenth Amendment

question

If the police arrive at Larry's office without probable cause or a warrant and demand to search the premises, which amendment protects him from this type of search? the Fourth Amendment the Fifth Amendment the Sixth Amendment the Eighth Amendment

answer

the Fourth Amendment

question

Why was freedom of religion added to the First Amendment? The colonists wanted prayer taken out of schools. The colonists suffered persecution for their religious beliefs. The colonists wanted Catholicism to be the country's main religion. The colonists thought the government needed to have religious control.

answer

The colonists suffered persecution for their religious beliefs.

question

Elmbrook School District, located in California, held graduations at a local church. How might this violate the establishment clause? The school cannot be associated with any particular religion. The school needed to go to a different church every year. The school was not promoting religion by just having a graduation. The school does not force people to attend graduation.

answer

[NOT] The school was not promoting religion by just having a graduation.

question

A principal who leads a prayer at a graduation violates the First Amendment's establishment clause. freedom of religion clause. free-exercise clause. lemon test clause.

answer

establishment clause.

question

What does separation of church and state mean? Churches cannot make laws that violate state laws. The government cannot make laws based on religion. Churches are built a certain distance from state buildings. The government has to make separate laws for churches.

answer

The government cannot make laws based on religion.

question

Which example violates the free-exercise Clause? allowing a school to run weekly prayer sessions allowing a student to wear religious clothing stopping a religious group from praying on the White House lawn stopping a religious group from buying a building based on their faith

answer

stopping a religious group from buying a building based on their faith

question

What is the purpose of the establishment clause? to give citizens the right to form religious groups to stop government from supporting one religion to give government power to choose a state religion to stop citizens from practicing religion in public

answer

to stop government from supporting one religion

question

A student is praying alone in his public school cafeteria before lunch. This activity is acceptable according to the establishment clause because prayer is not allowed in government places. other students might feel pressured to pray. the school is not asking the student to pray. daily prayer is held at some public schools.

answer

the school is not asking the student to pray.

question

The government gives public funds to low performing schools for new computers. They decide to give more money to the lowest performers which are religious schools. According to the establishment clause, how would a court rule on this case? as a violation of the clause because government institutions cannot support religious institutions. as a violation of the clause because the government gave more money to religious schools than public schools. as not in violation of the clause because they gave out money due to guidelines that gave all schools an equal chance to receive the funding. as not in violation of the clause because they gave money to fewer religious schools than public schools.

answer

as not in violation of the clause because they gave out money due to guidelines that gave all schools an equal chance to receive the funding.

question

Read the excerpt from the US Constitution. Congress shall make no law respecting . . . religion, or prohibiting the free exercise thereof. Which example violates this portion of Amendment I? A student is allowed to read the Bible in class. A woman is allowed to hold a religious meeting in a park. A mayor attends a different church than his employees. A governor declares a new state religion.

answer

A governor declares a new state religion.

question

Which scenario is allowed under the free-exercise clause? A parent leads a prayer in a public park. A teacher gives out crosses at school. A doctor charges religious patients less money. A worker places a menorah in the lobby at city hall

answer

A parent leads a prayer in a public park.

question

Which best describes how Tinker v. Des Moines expanded protected speech under the First Amendment? The decision affirmed the protection of unpopular opinions. The decision affirmed the protection of symbolic speech. The decision affirmed the protection of all political speech. The decision affirmed the protection of minors' speech rights.

answer

The decision affirmed the protection of symbolic speech.

question

Edwards v. South Carolina protected people's right to assemble and attempt to stop something from being printed. display unpopular views in a disruptive way. express unpopular views in a peaceful way. protest against something on private property.

answer

express unpopular views in a peaceful way.

question

The events surrounding Tinker v. Des Moines involved a school, so why did the First Amendment apply? The events involved symbolic speech without disruption. The First Amendment always applies to issues of speech. The events involved controversial issues. The protest was an act of civil disobedience.

answer

The events involved symbolic speech without disruption.

question

Why does Tinker v. Des Moines remain an important precedent-setting case? It used symbolic speech in war protests. It applied prior restraint in schools. It established speech rights for students. It stopped students from stating unpopular opinions.

answer

It established speech rights for students.

question

Which best describes the precedent set by the Supreme Court in New York Times v. United States regarding government censorship? Government censorship cannot be arbitrary. Government censorship is almost always unconstitutional. Government censorship must further national interests. Government censorship does not apply to opinions.

answer

Government censorship is almost always unconstitutional.

question

What is symbolic speech? an action that expresses an idea or opinion the act of peaceful protest the publication of an article despite prior restraint an idea or opinion expressed through metaphor

answer

an action that expresses an idea or opinion

question

Though the outcomes of Schenck and New York Times differed, what did these decisions have in common? The government has a heavy burden to prove harm. The government can limit speech that causes harm. The government has unlimited power to limit speech. The government must follow the First Amendment.

answer

The government can limit speech that causes harm.

question

Under which circumstances would protesters' right to assembly most likely be protected? if protesters were picketing on an alleged criminal's front lawn if protesters were marching on the statehouse in favor of marriage for all if protesters were inciting others to destroy restaurants serving unhealthy foods if protesters were throwing rocks at police to prevent arrest

answer

if protesters were marching on the statehouse in favor of marriage for all

question

Which best describes what the government had to prove for its censorship of the New York Times to have been acceptable? The articles would have had to indisputably harm the nation. The articles would have had to potentially threaten national security. The articles would have had to reveal classified information. The articles would have had to support the enemy in wartime.

answer

The articles would have had to indisputably harm the nation.

question

Freedom of speech can be limited or restricted in cases involving_________

answer

wartime action

question

In New York v. Quarles (1983), the Supreme Court ruled that Miranda rights do not have to be read if a suspect already has a criminal record. puts public safety at immediate risk. looks as if he or she has just committed a crime. is someone the arresting officer already knows.

answer

puts public safety at immediate risk.

question

If people in court say, "I plead the Fifth," that means they are probably guilty on all counts. do not want to be forced to testify against themselves. want to ask the judge to issue a warrant. have been denied due process.

answer

do not want to be forced to testify against themselves.

question

Which of these statements accurately describes the Fourth Amendment? The Fourth Amendment gives citizens the right to refuse a search under any circumstances. A police officer with a warrant may seize anything he or she finds suspicious. The Fourth Amendment describes a fair process for searches and seizures. A police officer can search someone's home, so long as a judge is present.

answer

The Fourth Amendment describes a fair process for searches and seizures.

question

Which of these statements best describes double jeopardy? A citizen cannot be indicted before being tried for a serious crime. A citizen cannot be forced to testify to a crime. A citizen cannot be forced to testify for more than one day in court. A citizen cannot be tried twice for the same crime.

answer

A citizen cannot be tried twice for the same crime.

question

Evidence collected during an illegal search cannot be used in court based on the

answer

exclusionary rule

question

The exclusionary rule states that if evidence is found during an illegal search, it must be destroyed immediately. cannot be admitted into consideration. can be admitted into court anyway. cannot be admitted into court unless a judge agrees.

answer

cannot be admitted into consideration.

question

In Miranda v. Arizona (1966), why did Ernesto Miranda say his Fifth Amendment rights had been violated? He had been stopped and searched without a judge issuing a proper warrant. He had been tried for serious crimes without a grand jury issuing an indictment. He had confessed to crimes without being reminded of his right to avoid self-incrimination. He had been jailed without being informed of the charges against him.

answer

He had confessed to crimes without being reminded of his right to avoid self-incrimination.

question

How did the Supreme Court rule in the Miranda decision? Ernesto Miranda was found guilty on all counts. Ernesto Miranda had been denied his rights. Ernesto Miranda could not be tried twice for the same crime. Ernesto Miranda did not have the right to avoid self-incrimination.

answer

[NOT] Ernesto Miranda was found guilty on all counts.

question

A key element of the Fourth Amendment is that searches and seizures must be serious. merciful. practical. reasonable.

answer

reasonable

question

Which of these statements accurately describes the Fifth Amendment? Searches and seizures must be reasonable. A search warrant based on probable cause is required. The police may not question citizens immediately if public safety is at risk. All citizens are entitled to due process.

answer

All citizens are entitled to due process.

question

The Sixth Amendment ensures a citizen's right to worship freely. vote. have a fair trial. bear arms.

answer

have a fair trial.

question

A man is sentenced to five years in prison for walking across his neighbor's lawn. In this example, we can say that the punishment is disproportionate to the crime. appropriate to the crime. not severe enough for the crime. along the lines of what the Founders had in mind.

answer

disproportionate to the crime.

question

The Sixth Amendment states that someone accused of a crime must go to trial wherever a jury thinks best. in a state and area different from where the crime took place. wherever the person accused of the crime chooses. in the state and area where the crime took place.

answer

in the state and area where the crime took place.

question

The basic freedoms that are guaranteed to Americans by the Constitution are called civil liberties. rights of the accused. checks and balances. Miranda rights.

answer

civil liberties.

question

Read the Sixth Amendment to the Constitution. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed . . . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have [the opportunity] for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. What part of the Sixth Amendment suggests that accused persons will be able to hear the charges against them? "the right to a speedy and public trial" "confronted with the witnesses against him" "informed of the nature and cause of the accusation" "have the Assistance of Counsel"

answer

"informed of the nature and cause of the accusation"

question

Read the Eighth Amendment to the Constitution. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Which statement best summarizes the intent of the Eighth Amendment? People accused of crimes have no rights until there is a verdict in court. The government has specific ways in which it can punish criminals. People accused of crimes have specific constitutional protections. The government may choose to inflict any kinds of punishment it chooses.

answer

[NOT] The government has specific ways in which it can punish criminals.

question

The purpose of the Bill of Rights was to list the rights of citizens. describe the separation of powers. assert the authority of the federal government. outline the federal system.

answer

list the rights of citizens.

question

What happens to accused persons who cannot afford to pay an attorney to represent them? They remain in jail until they can raise the money. They are freed from jail and their cases are dismissed. They are assigned an attorney by the court. They are found guilty without a trial being held.

answer

They are assigned an attorney by the court.

question

The impact of Furman v. Georgia (1972) was that states had to promise to use the death penalty only with approval from the Supreme Court. throw out the old Miranda warning and write a new one. agree to throw out all state laws regarding crime and impose national standards. create clear standards to be applied fairly before imposing the death penalty.

answer

create clear standards to be applied fairly before imposing the death penalty.

question

In Furman v. Georgia (1972), the Supreme Court ruled in William Furman's favor, saying that Georgia had denied Furman the right to be represented by counsel. violated Furman's right to a quick and speedy trial. established unclear standards for applying the death penalty. exceeded the annual quota of death penalties it could impose.

answer

established unclear standards for applying the death penalty.

question

When a Constitutional Amendment is ________ it is interpreted. disparaged developed construed enumerated

answer

construed

question

The right to privacy protects citizens from personal searches. seizure of property. government intrusion. personal incrimination.

answer

government intrusion.

question

Which action would be protected by the Ninth Amendment? refusing to pay sales tax on an automobile insisting on attending a city council meeting creating a personal page on a social media site explaining medical problems to a personal physician

answer

explaining medical problems to a personal physician

question

Why was the Ninth Amendment written? to ensure individual freedoms to promote independent choices to protect personal properties to define specific personal rights

answer

[NOT] to protect personal properties

question

In the case Roe v. Wade, the Supreme Court ruled that state laws were protected by federal laws. were protected by the Ninth Amendment. violated Constitutional rights. violated the Second Amendment.

answer

violated Constitutional rights.

question

The Supreme Court's decisions in Griswold v. Connecticut and Roe v. Wade were most important because they restricted state laws governing privacy. gave a new definition to personal privacy. limited privacy to the control of the body and of family life. included the right to the privacy of personal property.

answer

gave a new definition to personal privacy.

question

The Fourth Amendment implies privacy because it protects the right to own property. to have personal items. to be secure in one's home. to make one's own decisions.

answer

to be secure in one's home.

question

Which action would violate the Ninth Amendment? speaking with a pharmacist about a prescription accusing a political opponent of dishonest behavior publishing a family recipe in a community cookbook obtaining unauthorized personal information from a website

answer

obtaining unauthorized personal information from a website

question

If a person has a right that is stated in the Constitution, that person has only those limited rights. other rights that are not mentioned. more rights than the average person. some rights that should be confirmed by law.

answer

other rights that are not mentioned.

question

Which best states the basis for Justice White's dissenting opinion in Roe v. Wade? Current privacy laws would become unconstitutional. State laws would have to be revised based on the decision. New rights beyond those in the Constitution would need to be created. Extensive changes would have to be made to the Bill of Rights.

answer

New rights beyond those in the Constitution would need to be created.

question

The Fourteenth Amendment made the Constitution superior to state law because states do not have to follow the Bill of Rights. the First Amendment applied to state law through incorporation. the due process law cannot be used to incorporate the Bill of Rights. the Fourteenth Amendment cannot be incorporated as needed.

answer

the First Amendment applied to state law through incorporation.

question

In 1868, what was the most important reason to include the equal protection clause in the Fourteenth Amendment? Women's rights activists wanted equal protection. African Americans were not protected under the law. Southern whites were not protected under the law. Immigrants wanted equal protection.

answer

African Americans were not protected under the law.

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