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Example Questions
Example Question #11 : Constructing The Constitution
Which of following are reasons for the development of judicial review?
I. Framers' intentions
II. Historical acceptance
III. Counterweight to majority rule
IV. To resolve conflicts consistently and effect public compliance
IV only
I, II, III, and IV
I, II, and III
I and II
III and IV
I, II, III, and IV
Judicial review was developed for all of the listed reasons. It is strongly believed that judicial review was in the framers' intentions. Also, at the time, similar systems were used in England. Judicial review set the standards, keeping decisions and convictions consistent with the Constitution. Any changes in the Constitution would also change the common law for everyone. The development of judicial review would even act as a counterbalance to the majority, allowing for decisions to be based on the laws outlined in the Constitution rather than public opinion.
Example Question #12 : Constructing The Constitution
James Madison and Alexander Hamilton would agree upon which of the following?
More power to federal governments
Decentralized national power
Substantive view of justice
A strong executive figure
More power to the states
A strong executive figure
James Madison and Alexander Hamilton would agree on the need for a strong executive figure. At the time, many Americans were afraid of a powerful executive, fearful that too much centralized authority would result in tyranny; however, Madison and Hamilton believed a powerful executive was necessary. A compromise was reached between the opposing groups; the president would be existent, but his power would be checked by other branches of government.
Example Question #13 : Constructing The Constitution
Who was the author of the Declaration of Independence?
James Madison
Thomas Jefferson
Samuel Adams
Paul Revere
George Washington
Thomas Jefferson
The 2nd Continental Congress elected a committee of individuals to write the Deceleration of Independence--Benjamin Franklin, John Jay, John Adams, but it was Thomas Jefferson who was tasked with drafting the document.
Example Question #14 : Constructing The Constitution
Who established the "clear and present danger" test?
Alexander Meiklejohn
Mark Felt
Antonin Scalia
Oliver Wendell Holmes Jr.
Hugo Black
Oliver Wendell Holmes Jr.
The clear and present danger test first arose after World War I. Oliver Wendell Holmes Jr. authored this test. The clear and present danger test put limits on first amendment rights, such as freedoms of assembly, press, and speech.
Example Question #15 : Constructing The Constitution
In Federalist Paper 10, James Madison wrote about the dangers of “factions” to the new United States. He said factions were connected "by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community."
What organization(s) would be similar to Madison’s factions in America today?
Standing Committees in the Senate
Caucuses
Labor Unions
Political Parties
The United Nations
Political Parties
James Madison was speaking of groups of people who held differing political viewpoints. The only logical answer to the question is "Political Parties." Political Parties are groups of Americans who hold different views. The other selections consist of other Americans who are part of the government [ the Standing Committees of the Senate], are part of the voting process [Caucuses] and help represent the working people of the country [Labor Unions]. The United Nations is not part of the American Government and is not a logical selection here.
Example Question #16 : Constructing The Constitution
Who was the first Secretary of the Treasury?
Alexander Hamilton
Aaron Burr
James Madison
Thomas Jefferson
John Adams
Alexander Hamilton
The Secretary of the Treasury has an important role in the Cabinet. He advises the President on economic matters and also oversees all economic, financial and monetary matters of the United States. Alexander Hamilton, for example, created the first National Bank. The other gentlemen, while they held roles in the government, their roles did not include that of the first Secretary of the Treasury.
Example Question #17 : Constructing The Constitution
Which Founding Father first coined the doctrine of “separation of church and state?”
Thomas Jefferson
Benjamin Franklin
James Madison
Alexander Hamilton
Thomas Jefferson
The First Amendment contains two clauses, the Establishment Clause and the Free Exercise Clause, that concern the relationship (or lack thereof) between government and religious institutions, practices, and beliefs. Yet the language in these clauses, especially in regards to the Establishment Clause, is rather vague in meaning – the national government is clearly banned from declaring a national religion but any other restrictions are less clear. In response to early confusion, Thomas Jefferson wrote a letter in which he coined the term “separation of church and state” – according to Jefferson, the true intent of both these clauses was to build a virtual wall between government and religious institutions, so that by this separation, the government’s actions would not be influenced by religious entanglements. Jefferson cited the many religious wars conducted in the past by European monarchs, not to mention the many historical instances of government-sanctioned religious persecution, as the reason behind the necessity of this separation; he believed that in order for a government to function fairly, it must not take any religion into account at all, remaining equitably apart instead.
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