Test Bank for Constitutional Law and the Criminal Justice

System 6th Edition J Scott Harr Download

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CHAPTER 1 TEST BANK

Multiple Choice

1.1 Formal ties between Great Britain and the United States were severed:
a. when the American Declaration of Independence was signed.
b. when the colonists boarded British ships and threw tea overboard.
c. through the drafting of the Magna Carta.
d. at the meeting of the First Continental Congress.
ANS: A
REF: 11
LO: 6

1.2 The Magna Carta was created:

a. to ensure that states maintained power apart from the national government.
b. to outline colonists’ complaints against the British crown.
c. in England to guarantee that the king could not put himself above the law.
d. by British Parliament in protest of the U.S. Declaration of Independence.
ANS: C
REF: 13
LO: 8

1.3 The second paragraph of the Declaration of Independence stated that a government’s
right to rule is based upon:
a. the obligation of the wealthy to provide for those less fortunate.
b. permission from the people who are governed.
c. the need for a strong centralized government on American soil.
d. the Magna Carta’s guarantee that rulers shall not place themselves above the law.
ANS: B
REF: 11
LO: 6

1.4 The primary reason some states were reluctant to accept the Constitution was:
a. It failed to establish a balance of power.
b. It failed to abolish slavery.
c. It did not contain a bill of rights.

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d. It did not allow smaller states adequate representation in the national government.
ANS: C
REF: 21
LO: 16

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1.5 The Second Continental Congress resulted in all of the following, except:
a. the naming of George Washington as Commander of the Continental Army.
b. the battles at Lexington and Concord.
c. instructing each colony to assume the powers of independent states.
d. the signing of the Declaration of Independence.
ANS: B
REF: 10
LO: 5

1.6 The Magna Carta was an important prelude to the U.S. Constitution because it. :
a. guaranteed due process and limited government power.
b. provided the inspiration for the Great Compromise.
c. was based upon the separation of powers between branches of government.
d. ensured that there would be no monarchy in the United States.
ANS: A
REF: 13-14
LO: 9

1.7 The first written agreement among the colonies to stand together in resistance to Great
Britain was:
a. a result of the First Continental Congress.
b. a result of the Second Continental Congress.
c. known as The Federalist Papers.
d. the Mayflower Compact.
ANS: A
REF: 9
LO: 5

1.8 American law is:

a. entirely original, having no roots in any previous legal system.
b. designed to resist changes.
c. influenced by the laws of the societies that helped found America.
d. based solely on the Napoleonic Code.
ANS: C
REF: 5
LO: 1

1.9 Balancing the rights of the states and individual citizens against the power of the central
government was the purpose of the:
a. Bill of Rights
b. Articles of Confederation
c. first three Articles of the Constitution
d. Great Charter
ANS: A
REF: 22
LO: 17

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1.10 The Constitution and Bill of Rights are housed at:
a. the Smithsonian museum.
b. the National Archives.
c. the White House.
d. the Supreme Court Building.
ANS: B
REF: 27
LO: 19

1.11 What serious omission occurred in the Bill of Rights?

a. it failed to provide recourse for violations by the federal government.
b. it failed to ensure state sovereignty.
c. it failed to abolish slavery.
d. it failed to provide the right to privacy.
ANS: C
REF: 27
LO: 18

1.12 The branch of government is authorized to declare war is the:

a. executive branch
b. legislative branch
c. judicial branch
d. military branch
ANS: B
REF: 17
LO: 11

1.13 The Articles of Confederation formally pledged the states to:

a. a unified tax structure.
b. a perpetual union.
c. the formation of the Confederate Army.
d. maintain a centralized government.
ANS: B
REF: 12
LO: 7

1.14 The necessary and proper clause, establishing the authority of the federal government to
address national issues, was addressed by the Supreme Court in:
a. Marbury v. Madison
b. McCulloch v. Maryland
c. Gibbons v. Ogden
d. Adams v. Hamilton
ANS: B
REF: 18
LO: 11

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1.15 The famous supremacy clause, declaring the “Supreme Law of the Land,” is contained in:
a. the Declaration of Independence.
b. the First Amendment to the Bill of Rights.
c. Article 6 of the Constitution itself.
d. the Great Compromise.
ANS: C
REF: 20
LO: 13

1.16 According to the text, pluralism challenged the colonists to:

a. strive to maintain their original culture.
b. exercise tolerance and respect for the opinions, customs, traditions and lifestyles of
others.
c. band together in self-defense.
d. combine English and Roman common law with Native American customary law.
ANS: B
REF: 6
LO: 2

1.17 Membership in which of the following is based on state populations?

a. Senate
b. House of Representatives
c. State Judiciary
d. Constitutional Convention
ANS: B
REF: 16
LO: 11

1.18 The following are true of the Legislative Branch of the United States government,
except:
a. it passes laws but has no power to enforce them.
b. it is comprised of the House and Senate.
c. it can enter into treaties with other nations.
d. it regulates interstate and international commerce.
ANS: C
REF: 17
LO: 11

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1.19 In 1774, the First Continental Congress accomplished all of the following, except:
a. defining the rights of the colonists and outlining violations of these rights by the
British government.
b. addressing American grievances to King George and calling for restoration of rights.
c. calling for a boycott of British goods until demands were met.
d. formally severing ties with Great Britain.
ANS: D
REF: 9
LO: 5

1.20 The Great Compromise was:

a. another term for the Constitution.
b. the foundation of the Bill of Rights.
c. the agreement that gave each state an equal vote in the Senate and a proportionate
vote in the House.
d. the purchasing agreement made for most of the Indian land west of the Mississippi
River.
ANS: C
REF: 16
LO: 12

1.21 Pluralism refers to:

a. a society in which numerous distinct ethnic, religious or cultural groups coexist
within one nation, each contributing to the society as a whole.
b. the combination of constitutional, statutory and common law.
c. a single act being classified as both a crime and a tort.
d. a society in which numerous distinct ethnic, religious or cultural groups maintain
their individual beliefs and form of government.
ANS: A
REF: 5
LO: 2

1.22 When the Articles of Confederation were drafted, the number of independent states in the
Union was:
a. 7
b. 9
c. 11
d. 13
ANS: D
REF: 12
LO: 7

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1.23 The Boston Tea Party was not:
a. a demonstration of the unwillingness of the colonists to pay taxes to Great Britain
without representation.
b. an act of protest against British rule over the colonies.
c. the culmination of growing resentment towards Parliament for passage of laws such
as the Stamp and Quartering Acts.
d. a formal meeting between British and colonial officials to establish a trade agreement.
ANS: D
REF: 8-9
LO: 4

1.24 Who said, “Forbid it, Almighty God—I know not what course others may take, but as for
me, give me liberty, or give me death!”
a. Samuel Adams.
b. Paul Revere.
c. Patrick Henry.
d. George Washington.
ANS: C
REF: 9
LO: 5

1.25 The Amendment which describes the requirements for a fair trial, including the right of
the accused to a speedy and public trial, an impartial jury, to be advised of the charges
against them, to confront witnesses against them and to be represented by a lawyer is the.
a. Fifth Amendment
b. Eighth Amendment
c. Sixth Amendment
d. Fourth Amendment
ANS: C
REF: 25
LO: 17

1.26 The Amendment which requires a grand jury indictment in felony cases, prohibits double
jeopardy and provides the right against self-incrimination is the:
a. Fifth Amendment
b. Eighth Amendment
c. Sixth Amendment
d. Fourth Amendment
ANS: A
REF: 25
LO: 17

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1.27 Of the following, the one that permits the U. S. Supreme Court to become the ultimate
decision maker in whether laws and actions of government circumvent the Constitution
and invalidate them if they do so, is/are the:
a. Bill of Rights
b. Articles of Confederation
c. Supremacy Clause
d. Quartering Act
ANS: C
REF: 20
LO: 13

1.28 The Amendment that guarantees the right against unreasonable searches and seizures is
the:
a. Fifth Amendment
b. Sixth Amendment
c. Fourth Amendment
d. Eighth Amendment
ANS: C
REF: 25
LO: 17

1.29 The Amendment that contains the famous due process clause, “nor shall any person be
deprived of life, liberty, or property without due process of law,” is the:
a. Fifth Amendment
b. Sixth Amendment
c. Fourth Amendment
d. Eighth Amendment
ANS: A
REF: 25
LO: 17

1.30 Opponents of the death penalty most frequently cite which Amendment’s prohibition
against cruel and unusual punishment?
a. Fifth Amendment
b. Sixth Amendment
c. Fourth Amendment
d. Eighth Amendment
ANS: D
REF: 26
LO: 17

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True/False

1.31 The Federalists, who favored a strong central government, were challenged by the Anti-
Federalists, who advocated against the creation of any type of central government.
ANS: F
REF: 21
LO: 15

1.32 Laws of the United States may only originate in the House of Representatives
ANS: F
REF: 17
LO: 11

1.33 Laws are enforced through punishment.

ANS: T
REF: 5
LO: 1

1.34 Constitutionalism is one of the most original, distinctive contributions of the American
system of government.
ANS: T
REF: 15
LO: 10

1.35 The Constitution did not abolish slavery, an error that was rectified in the Bill of Rights.
ANS: F
REF: 27
LO: 18

1.36 As a result of the Boston Tea Party, British Parliament restricted town meetings in
American colonies to one a year and required British troops to be housed in private
homes.
ANS: T
REF: 9
LO: 4

1.37 The Articles of Confederation established a Congress to conduct the necessary tasks of a
central government.
ANS: T
REF: 12
LO: 7

1.38 The Constitution was signed in Philadelphia on July 4, 1776.

ANS: F
REF: 20
LO: 14

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1.39 Cultural and ethnic diversity has always been an attribute of America.
ANS: T
REF: 5-6
LO: 2

1.40 The balance of power was established by creating three separate branches of government,
all of which work completely independently of each other.
ANS: F
REF: 19
LO: 12

Fill-In

1.41 The right of the people to “keep and bear arms” is contained in the ________________
Amendment.
ANS: Second
REF: 24
LO: 17

1.42 The _________________ was established vertically through the separation of power
between the federal government and the states, and laterally through the three branches of
government.
ANS: balance of power
REF: 19
LO: 12

1.43 Freedom of religion, speech and the press is contained in the ________________
Amendment.
ANS: First
REF: 24
LO: 17

1.44 The ________________ Amendment states: “The enumeration in the Constitution of

certain rights shall not be construed to deny or disparage others retained by the people,”
thus answering the objections of those who thought that naming some rights but not all
might result in the government's claiming more power than was intended.
ANS: Ninth
REF: 26
LO: 17

1.45 In the supremacy clause, the________________ declared itself to be the supreme law of
the land.
ANS: Constitution
REF: 20
LO: 13

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1.46 England’s historic ___________, a precedent for democratic government and individual
rights, played an important role in the framing of the United States Constitution.
ANS: Magna Carta
REF: 13
LO: 8

1.47 The ________________ Amendment prohibits excessive bail, excessive fines and cruel
and unusual punishment.
ANS: Eighth
REF: 26
LO: 17

1.48 The __________________ Amendment prohibits the government from housing soldiers
in private homes in peacetime without the owner's consent.
ANS: Third
REF: 24-25
LO: 17

1.49 The __________________ Amendment concerns the right to privacy and security and
forbids the government or its agents from searching individuals, their homes or their
personal possessions or from seizing them unless the government has “probable cause” to
believe that a crime has been committed.
ANS: Fourth
REF: 25
LO: 17

1.50 The term __________ refers to the interaction and assimilation that occurred over time
among the colonists.
ANS: melting pot
REF: 6
LO: 2

Essay

1.51 Explain the primary purpose of the Constitution and how it is achieved.

ANS: The purpose of the Constitution was to establish a central government with limited
powers delegated to it by the people. The balance of power is achieved through vertical
separation of powers between the federal and state governments, and lateral separation of
powers between the legislative, executive and judicial branches.
REF: 14-19
LO: 10

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1.52 Discuss some states’ reluctance to accept the Constitution and how it was remedied.

ANS: Federalists and Anti-Federalists disputed how weak or strong a central government
should be and how to balance government power against the rights of the states and
individuals. Resolution came via adoption of the Bill of Rights to ensure the individual
rights of all citizens.
REF: 21-23
LO: 15, 16

1.53 Describe the purposes and accomplishments of the two Continental Congresses.

ANS: The First Continental Congress (September 5–October 26, 1774) met to discuss
mounting complaints against and potential responses to England’s Intolerable Acts. The
Second Continental Congress (May 10, 1775–March 1, 1781) established the Continental
Army, declared independence from British rule, fought the Revolutionary War, and
governed the new country until the adoption of the Articles of Confederation.
REF: 9-10
LO: 5

1.54 Explain the role of the Magna Carta in framing the U.S. Constitution.

ANS: The Magna Carta established the supremacy of law over total rule by any single
individual, guaranteed both individual rights and due process of law, and was a precedent
for democratic government.
REF: 13-14
LO: 9

1.55 Explain the problem of dual sovereignty of the federal and state governments and how it
was resolved.

ANS: Potential existed for conflicts to arise from future laws established by either the
federal government or the various state governments. In the supremacy clause, the
Constitution declared itself the supreme law of the land. Thus, in all matters over which
the Constitution grants the federal government authority, the states must concede.
REF: 19-20
LO: 13

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