CH4 – Flashcard
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In what case did the Supreme Court assert the "separate but equal" doctrine? Plessy v. Ferguson Brown v. Board of Education Hamdi v. Rumsfeld Furman v. Georgia
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Plessy v. Ferguson
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CHAPTER 04 | Diagnostic Quiz 2 The Supreme Court's decision in Brown v. Board of Education had an almost immediate effect in integrating southern schools. continued de jure (if not de facto) segregation. had only a delayed impact in increasing the percentage of southern black schoolchildren attending school with white schoolchildren. enforced busing. © 2013 W.W. Norton and Company, Inc.
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had only a delayed impact in increasing the
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Which Supreme Court case extended the right to privacy to gay men and lesbians? Bowers v. Hardwick Lawrence v. Texas Griswold v. Connecticut Romer v. Evans
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Lawrence v. Texas
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In which case did the Supreme Court apply strict scrutiny to an affirmative action case but nevertheless find in favor of the affirmative action program? Regents of the University of California v. Bakke Adarand Constructors v. Pena Grutter v. Bollinger Roe v. Wade
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Grutter v. Bollinger
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Which of the following is NOT among the important events that occurred on the road toward civil rights for women? Seneca Falls Convention of 1848 Title VII of the Civil Rights Act of 1964 ratification of the Equal Rights Amendment in 1982 the Burger Court's application of "intermediate scrutiny" to cases involving claims of gender discrimination
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ratification of the Equal Rights Amendment in 1982
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When segregation is a result of law or official policy, it is known as de jure segregation. de facto segregation. an equalization strategy. habeas corpus.
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de jure segregation.
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Those who argue that the government can provide assistance to religious institutions so long as it shows no favoritism take a(n) non-establishment position. accommodationist position. strict separation view. intermediate scrutiny position.
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accommodationist position.
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Which Amendment addressed advocates' concerns that some might construe the Bill of Rights as an exhaustive list? the First Amendment the Ninth Amendment the Tenth Amendment The Bill of Rights is an exhaustive listing of Americans' rights and liberties.
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the Ninth Amendment
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Which Supreme Court case overturned a policy of school segregation aimed at Mexican Americans? Mendez v. Westminster LULAC v. Los Angeles County Public Schools Brown v. Board of Education Gonzales v. Oregon
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Mendez v. Westminster
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The requirement that persons under arrest be informed of their legal rights, including right to counsel, is known as the sphere of privacy. the Mapp rule. the Miranda rule. the exclusionary rule.
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the Miranda rule.
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Which president of the United States deployed U.S. troops to Little Rock? Clinton Eisenhower Truman Kennedy
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Eisenhower
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What was the fundamental issue in Gitlow v. New York? freedom of association right to privacy right against self-incrimination freedom of speech
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freedom of speech
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The Supreme Court's ruling in Barron v. Baltimore ushered in what era of civil liberties? Marshall freedoms era of good feelings dual citizenship unitary liberty
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dual citizenship
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Which of the following Supreme Court decisions led Congress to pass a law protecting those who wished to file pay discrimination charges against employers? Boumediene v. Bush Ledbetter v. Goodyear Tire and Rubber Co. R.A.V. v. City of St. Paul Lemon v. Kurtzman
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Ledbetter v. Goodyear Tire and Rubber Co.
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Which clause of the Fourteenth Amendment has been used to launch progress in civil rights? affirmative action clause home rule clause equal protection clause integration clause
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equal protection clause
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The test employed by the Supreme Court in gender discrimination cases, in which the burden of proof falls partially on the government and partially on the challengers, is called the Lemon test. strict scrutiny. intermediate scrutiny. fighting words.
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intermediate scrutiny.
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The First Amendment protection of a citizen's right to believe and practice whatever religion he or she chooses is called: the free exercise clause. the establishment clause. the privileges and immunities clause. the privacy right.
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the free exercise clause.
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Civil liberties essentially are freedoms civilians have that military personnel do not. spelled out in great detail in the Constitution. government action. protections of citizens from improper government action.
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protections of citizens from improper government action.
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Which Supreme Court case struck down a key portion of the 2002 Bipartisan Campaign Reform Act (BCRA)? U.S. v. Lopez McCain v. Feingold Buckley v. Valeo FEC v. Wisconsin Right to Life
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FEC v. Wisconsin Right to Life
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In Mapp v. Ohio, the Supreme Court did all of the following EXCEPT: prohibit illegally obtained evidence from being introduced in a trial. expand citizens' Fourth Amendment rights. affirm the "exclusionary rule." rule that suspects have a right to counsel during police interrogations.
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rule that suspects have a right to counsel during police interrogations.
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The "nationalization" of the Bill of Rights refers to the: extension of constitutional protection to former slaves. reintegration of the secessionist states into the Union and the Constitution. extension of the Bill of Rights to protect citizens against state governments. New Deal construction of government bureaucracy.
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extension of the Bill of Rights to protect citizens against state governments.
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In Barron v. Baltimore, the Supreme Court ruled that the Bill of Rights: applied to state and local governments. applied to states, but not local governments. did not apply to state and local governments. did not apply to interstate commerce.
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did not apply to state and local governments.
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Which of the following is NOT a case involving the right to privacy? Roe v. Wade Kelo v. City of New London Lawrence v. Texas Griswold v. Connecticut
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Kelo v. City of New London
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Which of the following is NOT one of the conditions under which the Supreme Court, in Lemon v. Kurtzman (1971), argued that government aid to religious schools was permissible? The aid had a secular purpose. The effect of the aid was neither to advance nor to inhibit religion. It did not entangle government and religious institutions in each other's affairs. The recipient conveyed religious content in a nondenominational framework.
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The recipient conveyed religious content in a nondenominational framework.
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Which of the following is NOT true of California's Proposition 187 regarding illegal immigrants? It denied them all services except emergency medical care. Most of it was declared unconstitutional by a federal court. It was adopted by a majority of California voters in 1994. It was repealed in a 2000 ballot referendum.
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It was repealed in a 2000 ballot referendum.
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Civil rights were a requirement upheld in many of the thirteen colonies that one must belong to the official state religion. are the freedoms of speech, press, and religion. are claims that citizens make on the government for equal citizenship and protections from discrimination by other citizens or government agencies. are classifications based on race, religion, or ethnicity.
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are claims that citizens make on the government for equal citizenship and protections from discrimination by other citizens or government agencies.
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The relationship between Congress and the states under the Articles of Confederation most resembles that between the United Nations and its member states. the present United States and its allies. state government and local counties. local government and private citizens.
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the United Nations and its member states.
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Who did NOT author some of the Federalist Papers under the pseudonym "Publius"? John Jay Thomas Jefferson James Madison Alexander Hamilton
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Thomas Jefferson
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Which is a constitutional power of the president? declaring war accepting ambassadors from other countries borrowing money resolving conflict between federal and state laws
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accepting ambassadors from other countries
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The notion that the Constitution grants to the federal government only those powers specifically named in its text is called federalism. separation of powers. expressed power. necessary and proper.
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expressed power.
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Which was a major deficiency of government under the Articles of Confederation? The costs of the military grew into a major budget expenditure. Travel between states was time-consuming. Each state retained its own sovereignty. Congress could regulate the land forces of the states.
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Each state retained its own sovereignty.
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Under the Articles of Confederation, the government had no judicial branch. had the power to tax. had a separate independent executive. lasted until 1865.
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had no judicial branch.
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Under the Constitution of 1787, all of the following were true of Congress EXCEPT that the Senate, but not the House, was given the power to ratify treaties and approve presidential appointments. members of the House were apportioned according to state population. some members of Congress served two-year terms, while others served four-year terms. the House was given the sole power to originate revenue bills.
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some members of Congress served two-year terms, while others served four-year terms.
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The framers of the Constitution adopted Montesquieu's notion of a "mixed regime" when they adopted a federal rather than a unitary system. gave the president the veto power. gave each of the branches a distinctly different constituency. balanced republican virtue and self-interest.
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gave each of the branches a distinctly different constituency.
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Which of the following is not an "unalienable" right mentioned in the Declaration of Independence? life democracy pursuit of happiness liberty
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democracy
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That the Constitution would deem national laws and treaties superior to the laws adopted by states is known as the supremacy clause. the necessary and proper clause. the elastic clause. the full faith and credit clause.
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the supremacy clause.
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The works of Alexander Hamilton, James Madison, and John Jay to dispel fears of a national authority and to persuade opponents to adopt the Constitution are collectively known as New Republic. The Federalist Papers. Common Sense. The Antifederalist.
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The Federalist Papers.
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Judicial review was the product of which Supreme Court decision? Marbury v. Madison McCullough v. Maryland Brown v. Topeka Board of Education Griswold v. Connecticut
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Marbury v. Madison
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How many times has the Constitution been amended? 10 27 29 51
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27
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Why did the Antifederalists object to ratification of the Constitution? They thought the federal government should be stronger. They claimed the Constitution too strictly separated legislative power from executive power. They feared the Constitution would prove a threat to the states and to individual rights. They thought states would become too powerful.
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They feared the Constitution would prove a threat to the states and to individual rights.
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Which is NOT a reason why the national government failed under the Articles of Confederation? competition among the states for foreign commerce overbearing national government policies, which led to a backlash in the states inability to levy taxes to raise revenue inability to coordinate the states
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overbearing national government policies, which led to a backlash in the states
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Which of the following is NOT a method of passing a constitutional amendment as defined in Article V of the Constitution? passage by majorities in both Houses; then ratification by national popular referendum passage by two-thirds votes in both Houses; then ratification by three-fourths of the state legislatures passage by two-thirds votes in both Houses; then ratification by conventions in three-fourths of the states passage by a national convention called by Congress; then ratification by conventions in three-fourths of the states
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passage by majorities in both Houses; then ratification by national popular referendum
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In order for the new Constitution to take effect, how many states needed to ratify the document? 7 9 13 17
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9
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The Eighteenth Amendment, regarding Prohibition, was later repealed. the only instance in which the country tried to legislate by constitutional amendment. ratified along with the Bill of Rights. the first of many amendments designed to deal directly with a substantive social problem.
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the only instance in which the country tried to legislate by constitutional amendment.
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Which state refused to send delegates to the Constitutional Convention? Rhode Island Maryland New Jersey South Carolina
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Rhode Island
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The Connecticut Compromise is called the Great Compromise because it ended the dispute over slavery. established a single national currency. established that three-fifths of the House seats would be apportioned by state population. solved the problem of representation by creating a bicameral legislature.
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solved the problem of representation by creating a bicameral legislature.
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Compared to the Articles of Confederation, the Constitution's principle of federalism represented severe limitations on the power of the national government. the status quo in the power relationship between states and the central government. a step toward the greater centralization of power in the national government. a re-affirmation of state supremacy.
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a step toward the greater centralization of power in the national government.
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The major event occurring just before the Constitutional Convention that stimulated many states to seek reforms was the tobacco famine of 1786. a resurgence of loyalist sentiment. Shays's Rebellion. the Annapolis Convention.
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Shays's Rebellion.
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The institutional principle that created three branches of government is called what? separation of powers jurisdictional authoritarianism federalism amendments
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separation of powers
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In the struggle over the Constitution, who was more likely to advocate greater democracy and insist that powers that the Constitution does not delegate to the national government or prohibit to the states are "reserved to the States respectively, or to the people"? an Antifederalist a Federalist a Tory a Publican
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an Antifederalist
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Shays's Rebellion revealed that the French had betrayed the colonies. the Articles of Confederation had succeeded in uniting the colonies. the colonists were more concerned with religious differences than taxation. Congress as created by the Articles of Confederation lacked the power to act in a crisis.
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Congress as created by the Articles of Confederation lacked the power to act in a crisis.
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Which of the following is NOT true of slavery and its role during the debates of the Constitutional Convention? Over 90 percent of slaves resided in just five states. It gave rise to the three-fifths compromise, under which five slaves would count as three people for the purpose of apportioning the House. It pitted southern planters against New England merchants. It was an easily reconciled issue since most of the framers favored slavery.
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It was an easily reconciled issue since most of the framers favored slavery.
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Popular mobilization as a technique of presidential power has its historical roots in the presidencies of Theodore Roosevelt and Woodrow Wilson. Andrew Jackson and Warren Harding. Woodrow Wilson and Calvin Coolidge. George Washington and John Adams.
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Theodore Roosevelt and Woodrow Wilson.
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Which branch of government was expected by the Founders to be the dominant branch? legislative executive judicial bureaucratic
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legislative
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The presidency was strengthened somewhat in the 1830s when the Constitution was amended to solidify the two-party system. the national convention system of nominating presidents was introduced. the system of direct primaries took hold as the dominant means of presidential nominations. the secret ballot was implemented.
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the national convention system of nominating presidents was introduced.
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During which period did the shift from chief clerk to chief executive occur? the 1870s the New Deal era Great Society era the Reagan Revolution
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the New Deal era
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Analyzing and approving all legislative proposals and budgetary requests before they are submitted to Congress is the duty of which institution? Office of Independent Regulatory Affairs Council of Economic Advisers Office of Management and Budget Department of the Treasury
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Office of Management and Budget
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Which of the following is NOT one of the duties of the vice president? preside over the Senate succeed the president add political support to the electoral ticket serve as Chair of the Council of Economic Advisors
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serve as Chair of the Council of Economic Advisors
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All of the following are true of the War Powers Resolution EXCEPT that it requires the president to inform Congress of any planned military campaign. requires that forces deployed by the president be withdrawn after sixty days in the absence of specific congressional action authorizing their continued deployment. was passed by Congress over President Richard Nixon's veto. has been weakened by a series of Supreme Court decisions undermining its constitutionality.
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has been weakened by a series of Supreme Court decisions undermining its constitutionality.
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The president must see that Congress passes legislation. all laws are necessary and proper. all bills originate within the executive. all laws are faithfully executed.
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all laws are faithfully executed.
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What power of the president is often invoked during times of war or emergency to justify the executive's actions to protect the nation? inherent power expressed power executive privilege delegated power
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inherent power
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Which is the largest and most important agency within the Executive Office of the President? Council of Economic Advisers Office of Management and Budget Office of National Drug Control Policy Office of the United States Trade Representative
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Office of Management and Budget
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Which president represents the real turning point in the history of the American national government and the beginning of modern presidential power? Harry S Truman John F. Kennedy Theodore Roosevelt Franklin Roosevelt
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Franklin Roosevelt
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Powers given to the president by Article II, Sections 2 and 3, of the Constitution are known as expressed powers. delegated powers. inherent powers. executive privilege.
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expressed powers.
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Which of the following is NOT one of the factors that limited presidential power from 1800 to 1933? The national government was not very powerful. The presidency was not closely linked to major national and political forces. Congress kept a tight rein on presidential power. Presidents could not rely on the vice president for support.
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Presidents could not rely on the vice president for support.
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The president has all of the following powers EXCEPT declaring war. acting as commander in chief. receiving ambassadors. appointing judges.
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declaring war.
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When facing a hostile Congress, the president can use which of the following powers to craft a policy agenda? vetoes and executive agreements regulatory review and executive orders line-item vetoes and executive privilege executive privilege and executive agreements
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regulatory review and executive orders
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How does an executive agreement differ from a treaty? It cannot be vetoed by the president. It does not require a two-thirds vote of approval by the Senate. It can be used to declare war. It involves international trade instead of national security.
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It does not require a two-thirds vote of approval by the Senate.
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Presidents often issue signing statements on all of the following occasions EXCEPT when: signing a congressional enactment into law. announcing a treaty negotiated with a foreign government. trying to negate congressional actions to which they objected. challenging the constitutionality of specific provisions within a law.
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announcing a treaty negotiated with a foreign government.
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What formal power gives the president a role in the legislative process? breaking ties in the Senate appointing committee members vetoing removing corrupt legislators from office
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vetoing
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All of the following are contemporary bases of presidential power EXCEPT foreign governments. popular mobilization. political party. administration.
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foreign governments.
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What is the traditional but informal name for the heads of all the major federal government departments? Cabinet White House Staff kitchen cabinet Committee of Seven
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Cabinet
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The president's power and duty to see that all laws are faithfully executed is termed military power. judicial power. executive power. legislative power.
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executive power.
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Which Court case cemented the expansion of government under the New Deal, after which the Supreme Court "has never again seriously questioned the legitimacy of interventions of the national government in the economy or society"? Mapp v. Ohio Miranda v. Arizona NLRB v. Jones & Laughlin Steel Corporation Webster v. Reproductive Health Services
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NLRB v. Jones & Laughlin Steel Corporation
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Which president used signing statements most frequently to challenge legislative provisions passed by Congress? Richard Nixon Ronald Reagan Bill Clinton George W. Bush
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George W. Bush
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1 Lawsuits in which large numbers of litigants join together in a single suit are known as illegal. class action. moot. per curiam.
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class action.
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The requirement that, in order to initiate a court case, parties must be able to show that they have a substantial stake in the outcome is called certiorari. class action. standing. rightful petition.
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standing.
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The 1946 Administrative Procedure Act did all of the following EXCEPT: require federal agencies to notify parties likely to be affected by proposed administrative rules. set up requirements that must be followed if the federal judiciary is to uphold the constitutionality of administrative rules. increase executive power to such a degree that the Supreme Court ruled it to be an impermissibly broad delegation of power. allow for a comment period on proposed federal rules before they go into effect.
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increase executive power to such a degree that the Supreme Court ruled it to be an impermissibly broad delegation of power.
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The writing of the majority opinion in a case is assigned by the chief justice if he is in the majority and otherwise by majority vote among those justices in the majority. the deputy chief justice. the most senior justice in the majority. majority vote of the nine justices.
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the most senior justice in the majority.
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Which of the following is NOT a stage in the Supreme Court's proceedings for deciding a case? oral argument committee testimony opinion writing conference
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committee testimony
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What helped spark Franklin D. Roosevelt's attempt to "pack" the Court with additional justices? the Court's "attacks" on the New Deal, declaring parts unconstitutional too many vacancies on the Supreme Court his desire to have popularly elected justices Congress' decision to expand the Court by three justices
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the Court's "attacks" on the New Deal, declaring parts unconstitutional
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In which of the following cases did the Supreme Court hold that the Bush administration's military commissions violated the Uniform Code of Military Justice and the Geneva Conventions? Smith v. Jones Wilson v. Cheney Morse v. Frederick Hamdan v. Rumsfeld
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Hamdan v. Rumsfeld
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How many justices must agree that there are special and compelling reasons to grant a writ of certiorari in a particular case? seven five nine four
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four
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When courts refer to and follow prior court decisions to render decisions on a current case they are following the principle of referral. engaging in oversight. applying the doctrine of stare decisis. acting in an appellate fashion.
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applying the doctrine of stare decisis.
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Who is the current chief justice of the Supreme Court? Clarence Thomas John Roberts Sandra Day O'Connor William Rehnquist
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John Roberts
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The practice whereby the president checks with the home state's senator before nominating a judge is known as senatorial courtesy. political correctness. pork barrel politics. coordination.
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senatorial courtesy.
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Which of the following cases established judicial review? Palko v. Connecticut Barron v. Baltimore Marbury v. Madison McCulloch v. Maryland
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Marbury v. Madison
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13 Public law describes all of the following EXCEPT all cases where the power of government or the rights of citizens are involved. administrative law. constitutional law. cases involving disputes between individuals where no criminal violation is charged.
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cases involving disputes between individuals where no criminal violation is charged.
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Who is the top government lawyer in cases before the Supreme Court? attorney general chief counsel secretary of the judiciary solicitor general
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solicitor general
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Amicus curiae briefs are sometimes submitted by interest groups. never submitted by the solicitor general. used to compel recusal by judges whose friends are litigants. only submitted at the request of the Court.
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sometimes submitted by interest groups.
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Decisions made by federal appeals courts are final EXCEPT in civil cases, when the decision may be rescinded by state courts. when they are heard "en banc." when the case is selected for review by the Supreme Court. in public law cases, when the parties may choose to enter arbitration.
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when the case is selected for review by the Supreme Court.
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Which of the following were NOT part of the institutional changes fundamentally expanding the power of the courts in the 1960s and 1970s? broadening the scope of remedies through class action cases relaxing standing rules courts gaining greater control over their dockets employing structural remedies
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courts gaining greater control over their dockets
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What type of law is enacted to protect public health, safety, morals or welfare? common law criminal law civil law public law
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criminal law
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What clause in the Constitution is used to justify judicial review of state actions? Tenth Amendment establishment clause supremacy clause elastic clause
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supremacy clause
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Decisions written by justices who voted in the minority in a particular case are special concurrences. regular concurrences. dissenting opinions. writs of certiorari.
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dissenting opinions.
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1 The view that American security is best preserved by remaining aloof from international power struggles is known as deterrence. isolationism. nonstate acting. appeasement.
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isolationism.
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All of the following make Congress an important player in foreign policy EXCEPT congressional committee oversight of executive actions. Congress's role in financing current operations. the constitutional requirement that the Senate must approve executive agreements. the Senate's power to review and approve treaties.
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the constitutional requirement that the Senate must approve executive agreements.
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Which of the following is NOT true about diplomacy? It is overshadowed by spectacular international events and dramatic initiatives. If it ends in war then it has failed its primary objective. Presidents often distrust the diplomatic corps and follow the advice of their personal advisers. It is the instrument of foreign policy to which all other instruments are subordinated.
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It is the instrument of foreign policy to which all other instruments are subordinated.
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Which of the following has the force of a treaty but does not require a congressional role? executive order executive agreement executive privilege executive prerogative
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executive agreement
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The development and maintenance of military strength for the purpose of discouraging attack is termed containment. multilateralism. preemption. deterrence.
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deterrence.
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The willingness to strike first to prevent an enemy attack is known as isolationism. deterrence. preemption. appeasement.
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preemption.
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7 The president's influence in foreign-policy making is strongest when time is of the essence due to a crisis. there is divided government. an action requires a formal declaration of war. congressional leaders are foreign policy experts.
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time is of the essence due to a crisis.
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Since World War II, Congress has become a major foreign-policy maker because the Senate has delegated more duties to Congress. U.S. involvement in foreign matters has increased. the president needs the approval of Congress for all treaties. most modern foreign policies require financing, which requires approval from both the House and the Senate.
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most modern foreign policies require financing, which requires approval from both the House and the Senate.
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9 The most important international organization for promoting free trade is NATO. the WTO. the UN. NAFTA.
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the WTO.
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Who said: "Simply stated, there is no doubt that Saddam Hussein now has weapons of mass destruction"? President George W. Bush Vice President Dick Cheney Secretary of State Colin Powell Assistant Defense Secretary Paul Wolfowitz
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Vice President Dick Cheney
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The executive department most responsible for doing the work of American diplomacy is the Defense Department. Homeland Security Department. State Department. Senate Foreign Relations Committee.
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State Department.
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American foreign policy is carried out using all of the following instruments EXCEPT international monetary structure. the United Nations. collective security. appeasement.
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appeasement.
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Which of the following is NOT a multilateral collective security organization to which the United States belongs? ANZUS North Atlantic Treaty Organization Warsaw Pact Organization of American States
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Warsaw Pact
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All of the following are major foreign-policy actors in the bureaucracy EXCEPT the Office of Management and Budget (OMB). departments of State, Defense, and the Treasury. Joint Chiefs of Staff (JCS). director of the Central Intelligence Agency (CIA).
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Office of Management and Budget (OMB).
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Which of the following is NOT considered a main goal of American foreign policy? security prosperity maintaining the United States' client status the creation of a better world
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maintaining the United States' client status
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Amnesty International is an example of a(n) economic interest group. national-origin interest group. human rights interest group. green interest group.
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human rights interest group.
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Which of the following can be said of the United States' commitment to human rights? It is on par with our commitment to economic interests but remains a lesser priority than security. It is on par with both economic interests and security. Human rights is not a goal of U.S. foreign policy. Human rights has a lower priority than both economic interests and security.
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Human rights has a lower priority than both economic interests and security.
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Who is NOT considered a major maker of foreign policy? political parties interest groups president media
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political parties
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Which international organization was established in Bretton Woods, New Hampshire, in 1944? United Nations International Monetary Fund North Atlantic Treaty Organization European Recovery Program
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International Monetary Fund
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20 In terms of its bilateral treaties for collective security, the United States tends to be a producer of security whereas its allies have been the consumers of security. is a consumer of the security its allies produce. neither produces nor consumes security. avoids such "foreign entanglements."
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tends to be a producer of security whereas its allies have been the consumers of security.
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Which organization was founded in 1945 to be a channel for negotiation and a means of settling international disputes? NATO WTO IMF UN
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UN
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Which politician warned Americans against establishing "permanent alliances" in foreign policy? George Washington Woodrow Wilson Franklin Roosevelt George W. Bush
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George Washington
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Which of the following is NOT a major part of U.S. trade policy? NAFTA granting most favored nation status WTO NATO
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NATO
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The American foreign policy based on the idea that the United States should take preemptive action against threats to its national security is known as the Monroe Doctrine. Truman Doctrine. Bush Doctrine. Patriot Act.
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Bush Doctrine.
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The International Monetary Fund (IMF) was founded to provide loans and facilitate international monetary exchange. provide a forum for negotiation and a means of preventing conflict. counter the economic threat posed by the former Soviet Union. lower and eliminate tariffs among participating countries.
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provide loans and facilitate international monetary exchange.