Constitutional Democracy summary

Constitutional Democracy summary

 

 

Constitutional Democracy summary

Chapter Two
Constitutional Democracy: Promoting Liberty
and Self-Government

Multiple Choice

  1. The idea that government should be restricted in its lawful uses of power and hence in its ability to deprive people of their liberty is expressed by the term
    1. federalism.
    2. self-government.
    3. judicial review.
    4. limited government.
    5. natural rights.
  2. Answer: d
  3. Page: 36

 

  1. The philosopher most closely associated with the concept of natural rights is
    1. Montesquieu.
    2. Locke.
    3. Rousseau.
    4. Aristotle.
    5. Plato.
  2. Answer: b
  3. Page: 38
  1. Natural rights theorists maintain
    1. that certain people in society are naturally endowed with more ability than others.
    2. that certain rights belonged to people in their natural state before governments were created.
    3. that political ideals should be based on religious principles.
    4. that a state of nature is preferable to government.
    5. that the divine right to rule is crucial for legitimate governments.
  2. Answer: b
  3. Page: 38

 

  1. Early Americans’ preference for limited government was strengthened by
    1. the personal freedom that life in America allowed.
    2. the idea that people have natural rights.
    3. Britain’s treatment of the colonies after the French and Indian War.
    4. abuses of power by European monarchs.
    5. All of the answers are correct.
  2. Answer: e
  3. Page: 37
  1. The American colonists based their right to revolt against Britain’s authority on the claim that
    1. the wealth of the new world belonged to them, since they had developed it through their labor.
    2. the colonial charters had expired, which made them free men under the rules of

            international law.

    1. their rights as British subjects had been violated.
    2. the conflict between the British and the French in the New World was a violation of treaties and hence neither British nor French authority was valid.
    3. the Articles of Confederation legally replaced British rule in the colonies.
  1. Answer: c
  2. Page: 38

 6.        The words of the Declaration of Independence reflected
a.         Aristotle’s conception of democracy.
b.         Montesquieu’s view of constitutionalism.
c.         Hobbes’ idea of the state of nature.
d.         Locke’s philosophy of inalienable rights.

  1. Madison’s view of factions.
  2. Answer: d
  3. Page: 38

 7.        Through the grants of power in the Constitution, the Framers sought to
a.         define the powers of state governments.
b.         create a government in which sovereignty was invested in the national government only.
c.         both empower government and limit it.
d.         enumerate the rights of individuals.

  1. abolish slavery.
  2. Answer: c
  3. Page: 47

 8.        Among the Constitution’s denials of powers is the right of habeas corpus, which prohibits government from
a.         prosecuting persons for acts that were legal at the time they were committed.
b.         establishing a state religion based on Christian beliefs.
c.         enacting laws that would legalize the practice of indentured servitude.
d.         jailing a person without a court hearing to determine the legality of her/his imprisonment.

  1. silencing freedom of the press.
  2. Answer: d
  3. Page: 48

9.         Which of the following chronologies is correct?
a.         The Boston Tea Party came before the Declaration of Independence.
b.         Shays’ Rebellion came before the Declaration of Independence.
c.         The Constitution was written before the Declaration of Independence was written.
d.         The Revolutionary War came before the French and Indian War.

  1. The Articles of Confederation came before the Declaration of Independence.
  2. Answer: a
  3. Page: 38
  1. The principle of checks and balances is based on the notion that

a.         leaders are the trustees of the people.
b.         a weak government is always preferable to a strong government.
c.         all legislative and executive action should be controlled through judicial power.
d.         power must be used to offset power.

  1. legislators and executives cannot be trusted, but judges are trustworthy.
  2. Answer: d
  3. Page: 48

11.       The Framers’ most significant modification of the traditional doctrine of the separation
powers was to
a.         include federalism.
b.         include a two-chamber legislature.
c.         define legislative power precisely, while defining executive and judicial power
only in general terms.
d.         ensure that the powers of the separate branches overlap, so that each could
better act as a check on the others.

  1. grant the power of judicial review to the judiciary.
  2. Answer: d
  3. Page: 49

12.       In practice, the most significant restraint imposed by Congress on the president is its
a.         ability to override presidential vetoes.
b.         power of impeachment.
c.         power to make the laws and appropriate money, for these determine the programs the executive can implement.
d.         power to approve presidential appointees.

  1. power to investigate presidential activities.
  2. Answer: c
  3. Page: 50
  4.  

13.       The Bill of Rights was added to the Constitution
a.         by the Framers during the Philadelphia Convention.
b.         in stages, with free expression rights added first and the rights of the accused
added years later.
c.         in response to the freeing of the slaves during the Civil War.
d.         in response to the ideals of Jacksonian democracy.

  1. None of the answers are correct.
  2. Answer: e
  3. Page: 52

14.       The concept of separation of powers was promoted by
a.         Montesquieu.
b.         Aristotle.
c.         Hobbes.
d.         Locke.

  1. Jefferson.
  2. Answer: a
  3. Page: 48

15.       Marbury v. Madison is a landmark Supreme Court decision because it
a.         established national supremacy.
b.         set the precedent for judicial review.
c.         defined the scope of state powers under the Tenth Amendment.
d.         affirmed the necessary and proper clause.

  1. helped to end Thomas Jefferson’s political career.
  2. Answer: b
  3. Page: 53

16.       Marbury v. Madison was an ingenious decision because it
a.         returned a case that involved the issue of states’ rights into one that asserted national power.
b.         redefined the constitutional relationship between the president and Congress.
c.         asserted the power of the judiciary without bringing it into direct conflict with the president or Congress.
d.         turned a case that involved the issue of states’ rights into one that asserted judicial power over the institutions of society.

  1. gave more power to the presidency, at the expense of Congress.
  2. Answer: c
  3. Page: 53

17.       ________ referred to his victory in the presidential election as the Revolution of 1800.
a.         John Adams
b.         Andrew Jackson
c.         John Marshall
d.         Thomas Jefferson

  1. James Madison
  2. Answer: d
  3. Page: 58

18.       John Marshall was an ardent
a.         nationalist.
b.         states’ rights advocate.
c.         supporter of Thomas Jefferson.
d.         member of the Democratic-Republican party.

  1. member of the Whig party.
  2. Answer: a
  3. Page: 56

19.       The traditional objection to democratic government is the risk of
a.         tyranny of the majority.
b.         elite rule.
c.         special-interest politics.
d.         a weak presidency.

  1. judicial imperialism.
  2. Answer: a
  3. Page: 55

20.       The writers of the Constitution used the term _________ to describe the form of government in which power resides in the people but is exercised through a system of representative institutions.
a.         democracy
b.         republic
c.         federalism
d.         constitutionalism

  1. Electoral College
  2. Answer: b
  3. Page: 56

21.       Edmund Burke’s idea of representatives as trustees was based on the claim that
a.         representatives should follow their own judgment of the public interest.
b.         representatives should follow the voters’ judgment of the public interest.
c.          indirect election is a more trustworthy means of discovering the public interest.
d.         direct election is a more trustworthy means of discovering the public interest.

  1. None of the answers are correct.
  2. Answer: a
  3. Page: 56

22.       The writers of the Constitution devised the Electoral College as the method of choosing presidents because
a.         direct election was impractical due to the poor systems of communication and transportation that existed in the late 1700s.
b.         the method would shield executive power from popular majorities and Congress.
c.         the method guaranteed a majority winner.
d.         the method would give weight to the preferences of ordinary people.

  1. the Framers had a great deal of faith in the wisdom of the masses.
  2. Answer: b
  3. Page: 57

23.       The Framers entrusted the selection of U.S. senators to
a.         specially chosen electors.
b.         state legislatures.
c.         direct vote of the people.
d.         state governors.

  1. federal magistrates.
  2. Answer: b
  3. Page: 57

24.       The term of office for a U.S. senator is ________ years, while that of a member of the U.S. House is _______ years.
a.                                 six; two         
b.         four; two
c.         six; four
d.         four; four

  1. eight; four
  2. Answer: a
  3. Page: 57

25.       The writers of the Constitution justified different methods of selection and varying terms of office for the president, Senate, and House as a means of
a.         increasing popular influence.
b.         protection against ruthless majorities.
c.         preventing elite control of government.
d.         maintaining experienced leadership.

  1. increasing voter turnout.
  2. Answer: b
  3. Page: 57

26.       Thomas Jefferson proclaimed the Revolution of 1800 the victory of
a.         common people over wealthy interests.
b.         merchants over farmers.
c.         southern interests over northern interests.
d.         nationalists over states’ rights advocates.

  1. American interests over foreign interests.
  2. Answer: a
  3. Page: 58

27.       Andrew Jackson persuaded the states to choose their presidential electors
a.         on the basis of popular voting.
b.         by a vote of the state legislature.
c.         by a vote of Congress.
d.         by a presidential convention.

  1. on the basis of one state, one elector.
  2. Answer: a
  3. Page: 59

28.       The first plan of government for the United States was a
a.         confederation.
b.         federal system.
c.         unitary form of government.
d.         monarchy.

  1. theocracy.
  2. Answer: a
  3. Page: 39

29.       Progressive reforms included
a.         primary elections.
b.         direct election of U.S. senators.
c.         the initiative and referendum.
d.         recall elections.

  1. All of the answers are correct.
  2. Answer: e
  3. Page: 60

30.       In his criticism of the Constitution, the economist Charles Beard argued that
a.         the Constitution’s elaborate systems of power and representation were designed to protect the interests of the rich.
b.         the Constitution failed to protect the economic interests of the poorer states.
c.         the Constitution’s commerce clause was inadequate to meet the nation’s economic needs.
d.         the Constitution did not provide for sufficient protection of property.

  1. the Constitution gave too much power to the illiterate.
  2. Answer: a
  3. Page: 61

31.       The Articles of Confederation provided for
a.         a national Congress.
b.         each state having one vote in Congress.
c.         unanimous approval by the states to amend the Articles.
d.         All of the answers are correct.

  1. None of the answers are correct.
  2. Answer: d
  3. Page: 39

32.       The inalienable rights in the Declaration of Independence are
a.         life, liberty, and the pursuit of happiness.
b.         liberty, equality, and fraternity.
c.         life, liberty, and property.
d.         life and property only.

  1. equality and liberty only.
  2. Answer: a
  3. Page: 38

33.       ________ presided over the Philadelphia Convention of 1787.
a.         Benjamin Franklin
b.         Gouverneur Morris
c.         Edmund Randolph
d.         James Madison

  1. George Washington
  2. Answer: e
  3. Page: 49

34.       The Constitution prohibits Congress from
a.         proposing constitutional amendments.
b.         passing ex post facto laws.
c.         declaring war.
d.         proposing the repeal of constitutional amendments.

  1. creating a national university.
  2. Answer: b
  3. Page: 48

35.       Not among the checks Congress has on the executive is the
a.         power to ratify treaties.
b.                                                                                             power to approve executive appointments.
c.         power to hold hearings.
d.         power to impeach.

  1. power to administer the laws directly if it chooses to do so.
  2. Answer: e
  3. Page: 50

36.       Which of the following is not part of the First Amendment?
a.         freedom of press
b.         freedom of religion
c.         freedom of assembly
d.         freedom of speech

  1. right to bear arms
  2. Answer: e
  3. Page: 52

37.       Under the original Constitution, Congress could not ban the slave trade until
a.         1808.
b.         1828.
c.         1848.
d.         1865.

  1. 1887.
  2. Answer: a
  3. Page: 43

38.       The Federalist Papers were written by
a.         Washington, Adams, and Jefferson.
b.         Franklin, Washington, and Lee.
c.         Jefferson, Locke, and Montesquieu.
d.         Madison, Hamilton, and Jay.

  1. Marshall, Jefferson, and Adams.
  2. Answer: d
  3. Page: 45

39.       The Constitution was ratified by
a.         the people.
b.         the state legislatures.
c.         state conventions.
d.         the Supreme Court.

  1. the Continental Congress.
  2. Answer: c
  3. Page: 46

40.       The document explaining the ideas of the Constitution and urging its ratification is the
a.         Mayflower Compact.
b.         Declaration of Independence.
c.         Anti-Federalist Papers.
d.         Federalist Papers.

  1. Declaration of Conscience.
  2. Answer: d
  3. Page: 46

41.       Presidents are
a.         directly selected by the people.
b.         selected by votes of the state legislatures.
c.         selected by votes of the Electoral College.
d.         subject to recall elections.

  1. subject to confidence votes by Congress.
  2. Answer: c
  3. Page: 57

 
42.       Which of the following is an example of checks and balances?
a.         the veto
b.         the impeachment process
c.         approval of treaties
d.         judicial review

    1. All of the answers are correct.
  1. Answer: e
  2. Page: 50

43.       Where is the Bill of Rights found in the Constitution?
a.         Article I, Section 8
b.         Article II
c.         the first ten amendments
d.         amendments 17 through 26

  1. Article III
  2. Answer: c
  3. Page: 52

44.       ________ is the primary author of the Declaration of Independence.
a.         John Locke
b.         Thomas Jefferson
c.         James Madison
d.         George Washington

  1. Alexander Hamilton
  2. Answer: b
  3. Page: 38

45.       Judicial review is the power of the American courts to
a.         declare a law unconstitutional.
b.         suspend the writ of habeas corpus.
c.         impeach the president.
d.         give advisory opinions to Congress.

  1. give advice and counsel to the president.
  2. Answer: a
  3. Page: 50

46.       Which of the following developments in the national political system provided for more popular control?
a.         primary elections
b.         direct election of U.S. senators
c.         recall elections
d.         initiative and referendum

  1. All of the answers are correct.
  2. Answer: e
  3. Page: 60

47.                                                       A constitutional democracy 
a.         includes the election of representatives by vote of the people.
b.         protects minority rights.
c.         operates under the rule of law.
d.         was established in 1787 by the U.S. Constitution.

  1. All of the answers are correct.
  2. Answer: e
  3. Page: 62

48.       Shays’ Rebellion
a.         was a successful revolt.
b.         convinced many political leaders that the national government was too powerful.
c.         convinced many political leaders that the national government was too weak.
d.         reinforced public support for the Articles of Confederation.

  1. occurred after the Philadelphia Convention of 1787.
  2. Answer: c
  3. Page: 41

49.       Which of the following statements is true?
a.         John Marshall served as chief justice of the Supreme Court.
b.         Thomas Jefferson served as chief justice of the Supreme Court.
c.         John Marshall was vice president under John Adams.
d.         Thomas Jefferson was an ardent supporter of John Marshall.

  1. Both John Marshall and Thomas Jefferson were among the signers of the Declaration of Independence.
  2. Answer: a
  3. Page: 53

50.       Which of the following is correct under the Constitution?
a.         The legislature enforces the law.
b.         The executive makes the law.
c.         The judiciary interprets the law.
d.         The bureaucrats make the law.

  1. Interest groups directly determine public policy outcomes.
  2. Answer: c
  3. Page: 50

51.       The “three-fifths compromise” was a response to
a.         the institution of slavery.
b.         the concerns of small states.
c.         apportionment in the U.S. Senate.
d.         the Electoral College.

  1. the demands of large states.
  2. Answer: a
  3. Page: 43

52.       The direct election of U.S. senators came about due to
a.         passage of the Second Amendment.
b.         political pressure from the Progressives.
c.         Jeffersonian democracy.
d.         Jacksonian democracy.

  1. the fact that state legislators no longer desired to select them.
  2. Answer: b
  3. Page: 61
  4.  

53.       The Great Compromise produced
a.         checks and balances.
b.         the abolition of slavery.
c.         a bicameral Congress.
d.         separation of powers.

  1. federalism.
  2. Answer: c
  3. Page: 42

54.       Presidential appointments and treaties must be approved by
a.         Congress.
b.         only the president.
c.         the Senate.
d.         the Supreme Court

  1. the secretary of state.
  2. Answer: c
  3. Page: 50

55.       A contemporary legislator who voted for a bill even though his constituents back home overwhelmingly opposed the bill would be performing the Edmund Burke role of
a.         trustee.
b.         delegate.
c.         statesperson.
d.         politician.

  1. oversight.
  2. Answer: a
  3. Page: 56

56.       The Framers of the Constitution preferred which of the following political arrangements?
a.         a republic as opposed to a pure democracy
b.         a monarchy as opposed to a constitutional system
c.         a pure democracy over a republic
d.         a pure democracy over a representative democracy

  1. socialism over capitalism
  2. Answer: a
  3. Page: 56

57.       The U.S. Constitution was designed so as to create
a.         a limited government.
b.         a representative government.
c.         a state-centered government.
d.         a limited, representative government.
e.         a limited, state-centered government.
Answer: d
Page: 56

58.       A feature of the U.S. Constitution that aims to establish a limited government is
a.         denials of power.
b.         grants of power.
c.         checks and balances
d.         Bill of Rights
e.         All the answers are correct.
Answer: e
Page: 63

59.       It can be said of the Constitution’s original provisions for self-government that
a.         ordinary citizens, through their votes, were given direct control over all the institutions of the federal government.
b.         ordinary citizens, through their votes, were given more control over the federal government than they had over the state governments.
c.         these provisions have not stood the test of time—that Americans in their history have made changes in the Constitution that have increased the use of the vote as a means of choosing their national leaders.
d.         the original provisions reflected a complete trust in the people’s ability to restrain their passions.
e.         None of the answers are correct.
Answer: c
Page: 58

Essay/Short Answer

1.         Define limited government and its relation to liberty. Explain ways in which the Constitution limits government.

Answer: Limited government is a government that is subject to strict limits on its lawful uses of power, and hence its ability to deprive people of their liberty. There are five major ways the Constitution limits the government. These include (1) grants of power: powers granted to the national government by the Constitution. Powers not granted to it are denied to it unless they are necessary and proper to the carrying out of granted power; (2) denials of power: powers expressly denied to the national and state governments by the Constitution; (3) separated institutions sharing power: the division of the national government’s power among three branches, each of which is to act as a check on the other two; (4) Bill of Rights: the first ten amendments to the Constitution, which specify individual rights that the national government must respect; and (5) federalism: the division of political authority between the national government and the states, enabling the people to appeal to one authority if their rights and interests are not respected by the others. Some analysts include judicial review in this list even though it is not explicitly provided for in the Constitution.

2.         Explain why early Americans admired limited government.

Answer: Two main factors were the colonists’ English heritage and pre-revolutionary experiences. In terms of the former, the British king was restricted by Parliament and the English people had certain rights, such as a trial by jury. In addition, the colonial charters served as prototypes for constitutionalism and limited government; they placed restrictions on the uses of political power.

3.         Define judicial review and explain its origin and importance.

Answer: Judicial review is the process whereby the courts, especially the Supreme Court, judge the constitutionality of executive and legislative actions. Judicial review is important, first, because it makes the judicial branch the constitutional equal of the other two branches. Second, judicial review is a powerful instrument for protecting limited government. The 1803 landmark case of Marbury v. Madison set the precedent for judicial review by invalidating an act of Congress that was signed by President George Washington.

4.         The Framers of the Constitution understood democracy and republic to mean different things. Explain this difference and identify which concept the Framers favored.

Answer: In a democracy, the people directly decide public issues. In a republic, elected representatives meet in official institutions to decide policy. The Framers supported the republican system because they feared a democracy would lead to tyranny of the majority. While this threat could never be eliminated totally, the Framers believed that properly structured representative institutions would greatly diminish the threat. Thus, they believed that political power, though responsive to the public, must be separated from immediate popular influences if sound policies are to result.

5.         Discuss representative democracy as conceived by the Framers. Include a brief discussion of Edmund Burke’s philosophy.

Answer: Representative democracy is another name for a republic. According to the Framers, a representative democracy would guard against chaos and civil unrest by incorporating the principle of majority rule along with built-in protection against excessive majoritarianism. The objective was a government sensitive to the majority’s immediate concern that was also able to promote long-term societal interests. This objective is in line with Burke’s concept of public trusteeship—that representatives should use their best judgment of what is good for society rather than blindly following the desires of the voting public.

6.         Explain how provisions for majority rule have changed throughout U.S. history. Include examples from the Jacksonian era and the Progressive movement.

Answer: The Constitution made only a small provision for majority rule; the House of Representatives was the only popularly elected institution. During the Jacksonian era, the power of the majority increased, partly though the linking of a state’s electoral votes to its popular votes. The Progressives furthered this development through, for example, direct election of U.S. senators, the introduction of the primary election, and the referendum and the initiative.

 

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