Chapter 13 In, the Supreme Court upheld the Fair Labor Standards

subject Type Homework Help
subject Pages 9
subject Words 3097
subject Authors Christine Hess Orthmann, J. Scott Harr, Jonathon Kingsbury, Karen M. Hess

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1. The Third Amendment:
a. addresses suits at common law.
b. deals with lawsuits exceeding $20.
c. prohibits the quartering of soldiers in homes during times of peace.
d. has been challenged numerous times throughout the history of America.
2. The Constitution gives Congress the power to make laws to carry out its enumerated powers through the:
a. supremacy clause b. federal powers doctrine
c. necessary and proper clause d. due diligence doctrine
3. The Ninth Amendment deals with the concept(s) of:
a. due process. b. suits at common law.
c. enumeration of certain rights. d. federalism.
4. Who opposed an enumerated Bill of Rights?
a. George Washington
b. James Madison
c. Nathan Hale.
d. Thomas Jefferson.
5. The Amendment has been used by the Supreme Court to infer the right to privacy.
a. Third b. Seventh
c. Ninth d. Tenth
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6. The concept of balanced government being so important to the states, the only amendment agreed upon by all the
states recommending a Bill of Rights was the:
a. Third Amendment b. Seventh Amendment
c. Ninth Amendment d. Tenth Amendment
7. In Griswold v. Connecticut, Justice Douglas stated that the various Bill of Rights guarantees--such as those
contained in the Third, Fourth, and Fifth Amendments--created areas of life safe from government intrusion
known as:
a. emanating liberties b. specific rights
c. zones of privacy d. havens of liberty
8. The powers kept by the states under the Tenth Amendment are known as:
a. delegated powers b. reserve powers
c. primary powers d. secondary powers
9. Stands for the proposition that rights not specifically referred to within the Constitution are no less protected.
a. Eighth Amendment b. 10th amendment
c. Ninth Amendment d. 11th amendment
10. The powers of the national government, both enumerated and implied, are known as the:
a. delegated powers b. reserve powers
c. primary powers d. federalist powers
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11. Selective incorporation is:
a. incapable of precise constitutional definition.
b. the concept used to apply certain amendments to state government.
c. outlined in the Fourteenth Amendment.
d. the means by which the Constitution applies to the states.
12. The Amendment has never been subjected to Supreme Court review.
a. Third b. Seventh
c. Ninth d. Tenth
13. The Thirteenth Amendment:
a. overturned the Dred Scott decision and prohibits slavery.
b. outlines the structure of the federal judiciary.
c. established how representatives are apportioned and what their qualifications are..
d. prohibited the sale and purchase of intoxicating liquors.
14. The Fourteenth Amendment:
a. guarantees equal protection of the laws.
b. abolished slavery.
c. allows free travel throughout the nation.
d. granted the right to vote to freed male slaves.
15. The was designed in response to fear of a national government with too much power which was,
at the time, considered to be the greatest threat to liberty.
a. Eleventh Amendment b. Fourteenth Amendment
c. Tenth Amendment d. Twelfth Amendment
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16. In , the Supreme Court upheld the Fair Labor Standards Act of 1938.
a. United States v. Darby b. Bowers v. Hardwick
c. Olmstead v. United States d. McCulloch v. Maryland
17. Some argue that the judges are reluctant to use this amendment because it's language is vague, never defining what
specific rights are protected.
a. Ninth Amendment b. 11th Amendment
c. 10th Amendment d. 13th Amendment
18. The United States Supreme Court struck down the portion of the Brady Bill which compelled local law
enforcement to perform background checks on handgun applicants, holding the requirement violated:
a. the right to privacy. b. separate state sovereignty
c. the commerce clause. d. the Fourth Amendment.
19. The federal income tax was established in the:
a. Fifteenth Amendment b. Sixteenth Amendment
c. Seventeenth Amendment d. Eighteenth Amendment
20. The Amendment lowered the voting age to 18.
a. Twenty-Sixth (1971) b. Nineteenth (1920)
c. Twenty-Seventh (1992) d. Twenty-Second (1951)
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21. The Amendment gave the vote to black males.
a. Fifteenth b. Nineteenth
c. Twenty-First d. Twenty-Third
22. The Supreme Court held that Congress had the authority to establish a national bank in:
a. United States v. Darby b. Bowers v. Hardwick
c. Olmstead v. United States d. McCulloch v. Maryland
23. Women were given the right to vote by the:
a. Fifteenth Amendment b. Seventeenth Amendment
c. Nineteenth Amendment d. Twentieth Amendment
24. Griswold v. Connecticut is considered the first case in which the Supreme Court addressed the Ninth
Amendment, and dealt with the legality of :
a. pornography b. abortion
c. interracial marriage d. contraception
25. The first state to pass a victims rights
constitutional amendment
was:
a. Texas. b. Florida.
c. Massachusetts. d. California.
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26. The Supreme Court held there is no right to a federal jury trial when Congress had created other administrative
remedies in:
a. Thomas v. Union Carbide b. Curtis v. Loether
c. Colgrove v. Battin d. Griswold v. Connecticut
27. In Colgrove v. Battin, the Supreme Court upheld juries comprised of members in federal civil trials.
a. 6 b. 8
c. 10 d. 12
28. Whether there is a right to a federal jury trial is based largely on:
a. previous cases heard and common law analysis.
b. the geographical jurisdiction of the offense.
c. whether or not the issue is of local or national importance.
d. whether or not federal civil remedies are sought.
29. Congress has not considered an Amendment regarding:
a.
establishing victims
rights. b. prohibiting burning the American flag.
c. banning gay marriage. d. abolishing the Presidency.
30. Under federalism:
a. the federal government has the most power.
b. state governments have more power than the federal government.
c. power is shared by the national government and the states.
d. the Constitution is declared the supreme law of the land.
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31. Olmstead v. United States stated that the most
comprehensive
of rights and the right most valued by civilized
men is the right to pursue happiness.
a. True
b. False
32. The Tenth Amendment embodies the principle of federalism.
a. True
b. False
33. One of the primary reserve powers kept by the states is police power.
a. True
b. False
34. Suits at common law are legal controversies arising out of criminal law rather than civil law.
a. True
b. False
35. The Ninth Amendment establishes that the rights of U.S. citizens extend beyond those listed in the Constitution.
a. True
b. False
36. The right to a federal jury trial is determined mainly by historical analysis of common law.
a. True
b. False
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37. Rights not specifically listed in the Bill of Rights are known as delegated rights.
a. True
b. False
38. The Ninth Amendment has never been the basis of a decision by a majority of the Supreme Court justices.
a. True
b. False
39. The Ninth Amendment specifically guarantees the right to privacy.
a. True
b. False
40. Selective incorporation has been used to incorporate the entire Bill of Rights to the states through the Fourteenth
Amendment.
a. True
b. False
41. The Amendment embodies the principle of federalism.
42. The Amendment is sometimes referred to as the forgotten amendment because it is seldom used as a
basis for Supreme Court decisions.
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43. The Amendment prohibited housing soldiers in private homes during peacetime.
44. The
Amendment established
the right to a federal jury trial for all suits at common law if the value
was over $20.
45. The Amendment has never been subjected to Supreme Court review.
46. This amendment assures Americans will continue to be free to pursue those interests that government does not
demonstrate a compelling reason to restrict.
47. Powers of the federal government are known as powers.
48. Powers retained by the states are known as powers.
49. Olmstead v. United States stated that the most comprehensive and most valued right by civilized men was the
right .
50. Reserving for the states those powers not granted to the federal government or withheld from the states is
.
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51. Discuss the concept of federalism and how it is embodied in the Tenth Amendment
52. Discuss the progression and impact of amendments relating to voting.
53. Discuss Prohibition, including its origin and demise and what occurred in between. Relate this to the Harrison Act
making certain drugs illegal to sell or possess.
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54. Explain the significance of the Ninth Amendment relative to federal power.
55. Discuss the significance of the Seventh Amendment.
56. The Seventh Amendment dates back to colonial times when England expected the citizenry to feed and shelter
British soldiers.
a. True
b. False
57. A court of equity handles cases in which damages were sought.
a. True
b. False
58. The Supreme Court held there was no right to a trial by jury when Congress created other administrative remedies in
Curtis v. Loether (1974)
a. True
b. False
59. The Ninth Amendment addressed concerns that Americans would retain only those rights enumerated in the
Constitution.
a. True
b. False
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60. The 10th Amendment refers to both delegated and reserved powers.
a. True
b. False
61. The attempted to strike a balance between the federal government's power and that of the
states, while maintaining individual freedom.
62. The captions of cases at the trial court level always include the government (e.g., the city, county, state, or
United States) versus the defendant.
63. The caption for
party.
cases indicate the parties involved, i.e the name of one party versus the name of the other
64. The Amendment addresses when an individual is entitled to a federal jury trial.
65. The Ninth Amendment has been called the companion of the
retained which has not been surrendered.
66. The 10th Amendment refers to
a. delegated powers.
b. reserved powers.
c. both delegated and reserved powers.
d. federalism only.
Amendment in establishing that all is
67. The Supremacy Clause is located in of the United States Constitution.
a. Article 1
b. Article 3
c. Article 6
d. Article 8
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68. The Necessary and Proper Clause is located in of the United States Constitution.
a. Article 1
b. Article 3
c. Article 6
d. Article 8
69. Some members of the first Congress wanted the 10th amendment to limit the federal government powers just as the
________________ had done.
a. Declaration of Independence
b. Articles of Confederation
c. Mayflower Compact
d. Federalist Papers
70. The 10th Amendment was the only amendment agreed on by all the states recommending .
a. a Bill of Rights.
b. a Supremacy Clause.
c. peace with England.
d. Western expansion.
71. Of the Third, Seventh, Ninth, and Tenth Amendments to the Constitution, which do you feel is the most important?
Why?
72. Explain the process by which the United States Constitution can be amended. Are there any flaws to this process, in
your view? How would you correct such flaws?
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73. The 22nd Amendment restricts the length of presidency to two terms. The only president to serve more than two
terms was Franklin Delano Roosevelt, who died shortly after beginning his fourth term in 1945. Present an argument
that this constitutional amendment should be repealed. What counter argument to your position has the most
validity?
74. The Equal Rights Amendment (ERA) was first proposed as an amendment to the United States Constitution in 1923
and was designed to guarantee equal rights for women. In 1972, it passed both houses of Congress and was sent to
the state legislatures for ratification. The ERA was ratified by 35 states, but was unable to garner the mandatory
three additional states by the deadline in 1982. Do you think that such an amendment would pass today? Why or
why not?
75. The 18th Amendment, passed in 1919, prohibited the sale and purchase of intoxicating liquors. The 21st Amendment
was ratified in 1933 and repealed the 18th Amendment (Prohibition). Does this show that the constitutional
amendment process is dangerous and subject to capricious amendments based on flawed or opportunistic do-
gooders?

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