Quiz 7 Flashcards
As expressed in Federalist #78, which of the following best represents Alexander Hamilton’s view of the judiciary branch?
A. The judiciary is superior to the legislative branch but inferior to the executive branch.
B. If the judiciary were to be able to exercise the power of judicial review, then judges would become too powerful.
C. The judiciary is superior to the executive branch but inferior to the legislative branch.
D. The court system is meant to be an intermediary between the people and the legislature.
E. The fact that judges have “permanent tenure” often makes for worse judicial decisions.
D. The court system is meant to be an intermediary between the people and the legislature.
Which of the following is most consistent with Danielle Allen’s argument about the deep truth of self-government?
A. Self-government means that moral compromises should never be allowed and are never necessary. Moral compromise will always be destabilizing for free government.
B. Self-government means that preserving constitutional institutions and their mechanisms to restrain power is more important than substantive victories on issues of policy.
C. Self-government is only possible when citizens are committed to the same religious principles. This is the primary lesson of the Declaration of Independence.
D. Self-government means prioritizing the Declaration of Independence, with its commitment to equality, above the Constitution whenever there are conflicts between the two.
E. None of the above. Danielle Allen’s argument is that the compromises that led to the ratification of the Constitution were fundamentally flawed because they allowed for the continued existence of slavery. For that reason, the Constitution is inconsistent with self-government.
B. Self-government means that preserving constitutional institutions and their mechanisms to restrain power is more important than substantive victories on issues of policy.
Dalvin Cook was a star running back for the Florida State Seminoles. In July 2015, Cook was suspended from the team after he was arrested and charged with assaulting someone at a bar. His court date was set for September 2nd, three days before the Seminoles’ home opener. His lawyers wrote a request to the Leon County Court system asking to move the trial to an earlier date. Which amendment could most likely be used as a basis for the lawyers’ argument?
A. 3rd Amendment B. 4th Amendment C. 5th Amendment D. 6th Amendment E. 7th Amendment
D. 6th Amendment
Which of the following statements is most consistent with Jefferson’s main argument in the Kentucky Resolutions?
A. Acts of state governments can and should be nullified by the judicial branch.
B. When state governments take actions that are constitutionally questionable, only the Supreme Court can stop them.
C. The proper remedy for unconstitutional actions by Congress is for the President to check congressional power.
D. When the national government exercises powers which it is not explicitly given, states are not bound by those actions.
E. State governments should not second-guess the decisions of the national government, especially when all three branches are unified.
D. When the national government exercises powers which it is not explicitly given, states are not bound by those actions.
According to his correspondence with Thomas Jefferson on the issue the Bill of Rights, which of the following best captures James Madison’s views?
A. Madison disagreed with those who believed that a Bill of Rights would be little more than a “parchment barrier” because he had confidence in the ability of the judicial branch to stand up for the rights of minority groups.
B. Madison was a strong proponent of the addition of a Bill of Rights, telling Jefferson that it would have been better had a Bill of Rights been added at the Constitutional Convention.
C. Madison believed that a Bill of Rights could be beneficial, but only if drafted correctly. At the same time, the absence of a Bill of Rights in the Constitution was not a major flaw.
D. Madison deeply opposed the creation of a Bill of Rights and believed that adding one would fundamentally weaken the Constitution. The most secure defense of rights, he wrote, is the structure of the Constitution itself.
E. Madison mostly ignored Jefferson’s views about a Bill of Rights and preferred instead to spend most of his correspondence with Jefferson discussing the problem of factions.
C. Madison believed that a Bill of Rights could be beneficial, but only if drafted correctly. At the same time, the absence of a Bill of Rights in the Constitution was not a major flaw.
