U.S. Constitutional Law and Amendments Review, Exams of Nursing

Download U.S. Constitutional Law and Amendments Review and more Exams Nursing in PDF only on Docsity! FCLE TEST EXAM 178QUESTIONS AND CORRECT ANSWERS(VERIFIED ANSWERS)| LATEST UPDATE 2024 GRADED A+ How does the Magna Carta provide a foundation for the English perspective of participatory governance? - CORRECT ANSWERS It establishes a basis for individual rights. What led to the creation of the English Declaration of Rights (sometimes known as the "English Bill of Rights") in 1689? - CORRECT ANSWERS Tension over who should rule; an individual or the people Who is considered to have been the most influential Enlightenment philosopher on the Declaration of Independence? - CORRECT ANSWERS John Locke What is the significance of the Mayflower Compact? - CORRECT ANSWERS It is the first attempt by Europeans of self-government in the colonies. What aspect of the U.S. Constitution was influenced by Montesquieu? - CORRECT ANSWERS Separation of powers For what purpose were the Federalist Papers written? - CORRECT ANSWERS To support ratification of the Constitution and explain its commitment to limited government. What did the anti-Federalist want the Constitution to include? - CORRECT ANSWERS A bill of rights What rights are listed in the Declaration of Independence? - CORRECT ANSWERS Life, liberty, and pursuit of happiness For what purpose did Thomas Paine write Common Sense? - CORRECT ANSWERS To encourage the colonists to demand independence from Great Britain Which of the following were thought to be weaknesses of the government laid out by the Articles of Confederation? - CORRECT ANSWERS no power to tax and no executive or judiciary FCLE TEST EXAM 178QUESTIONS AND CORRECT ANSWERS(VERIFIED ANSWERS)| LATEST UPDATE 2024 GRADED A+ A state that permits citizens to vote directly on laws and policies is practicing a form of: - CORRECT ANSWERS direct democracy An individual's belief that ordinary citizens can affect what government does is: - CORRECT ANSWERS political efficacy The principle that authority of the government rests in the hands of the people is: - CORRECT ANSWERS popular sovereignty The "rule of law" is best described as: - CORRECT ANSWERS citizens are governed by laws; no one is above the law In the U.S., voters chose representatives from the state to represent them in the U.S. Congress. This is known as: - CORRECT ANSWERS indirect democracy Which of the following are reserved for U.S. citizens only? - CORRECT ANSWERS voting, serving on a jury, and holding federal office Which of the following best are the two dominant political parties in the U.S. - CORRECT ANSWERS Democrats and Republicans In general, the Republican party is ideologically - CORRECT ANSWERS conservative Who is responsible for registering voters in the state of Florida? - CORRECT ANSWERS a county supervisor of elections Who is the chief executive in a state? - CORRECT ANSWERS the governor FCLE TEST EXAM 178QUESTIONS AND CORRECT ANSWERS(VERIFIED ANSWERS)| LATEST UPDATE 2024 GRADED A+ The Anti-Federalists opposed the ratification of the Constitution because they were afraid that the new national government would be too powerful and thus threaten individual liberties. They favored all of the following EXCEPT: - CORRECT ANSWERS the indirect election of government officials To appease some of the fears of the Anti-Federalists and to ensure the ratification of the Constitution, the Federalists promised that they would: - CORRECT ANSWERS add amendments specifically protecting individual liberties Which of the following cases established the precedent that the Supreme Court has the power of judicial review? - CORRECT ANSWERS Marbury v. Madison 1803 Which of the following cases established the precedent that the U.S. Congress had the power to establish a bank based on the necessary and proper clause? - CORRECT ANSWERS McCullough v. Maryland 1819 Which of the following cases limited power held by the states: - CORRECT ANSWERS Dred Scott v. Sandford 1857 and U.S. v. Nixon 1971 Which of the following cases rule that states could not put limits on abortion access in the first trimester of pregnancy: - CORRECT ANSWERS Roe v. Wade 1973 Which of the following cases established a right to privacy in the marital bedroom: - CORRECT ANSWERS Griswold v. Connecticut 1965 Which of the following cases ruled evidence of crime collected outside of the parameters of the search cannot be used in court: - CORRECT ANSWERS Mapp v. Ohio 1961 Which of the following cases required states to provide attorneys to criminal defendants who cannot afford their own: - CORRECT ANSWERS Gideon v. Wainwright 1963 FCLE TEST EXAM 178QUESTIONS AND CORRECT ANSWERS(VERIFIED ANSWERS)| LATEST UPDATE 2024 GRADED A+ Which of the following cases required state law enforcement to read suspects their constitutional rights before custodial interrogation: - CORRECT ANSWERS Miranda v. Arizona 1966 Which of the following cases determined standardless manual recounts violate the Equal Protection and Due Process Clauses of the Constitution: - CORRECT ANSWERS Bush v. Gore 2000 Which of the following is a case that centered on the first amendment: - CORRECT ANSWERS Engle v. Vitale 1962 Which of the following cases centered on political speech paid for by unions and corporations? - CORRECT ANSWERS Citizen's United v. Federal Elections Commission 2010 A federal judge dismissed a libel lawsuit by Sarah Palin because she could not prove actual malice on the part of the New York Times. Which of the following cases reflects this position? - CORRECT ANSWERS New York Times Co. V. Sullivan 1964 Which of the following cases established the "separate but equal" precedent? - CORRECT ANSWERS Plessy v Ferguson 1896 Which of the following cases overturned the "separate but equal" precedent in education? - CORRECT ANSWERS Brown v. Board of Education 1954 Which of the following cases focused on the fourteenth amendment? - CORRECT ANSWERS Plessy v Ferguson 1896 and Brown v. Board of Education 1954 Which of the following cases limited state endorsed religious prayer in public schools? - CORRECT ANSWERS Engle v. Vitale 1962 The power of government to take private property for public use is called: - CORRECT ANSWERS eminent domain FCLE TEST EXAM 178QUESTIONS AND CORRECT ANSWERS(VERIFIED ANSWERS)| LATEST UPDATE 2024 GRADED A+ Which of the following cases ruled that achieving "a diverse student body" was a "compelling public purpose,", but the method of a rigid quota of admission slots assigned on the basis of race violated the Fourteenth Amendment's equal protection clause? - CORRECT ANSWERS Regents of the University of California v. Bakke 1978 Which of the following cases centered on the first amendment right of freedom of the press? - CORRECT ANSWERS Hazelwood v. Kuhlmeier 1988 Which of the following cases declared "students did not lose their First Amendment rights to freedom of speech when they stepped onto school property"? - CORRECT ANSWERS Tinker v. Des Moines 1969 Amendment that represents freedom of speech, religion, press, assembly, and petition - CORRECT ANSWERS Amendment 1 The right to bear arms - CORRECT ANSWERS Amendment 2 Amendment that prohibits forced quartering of soldiers - CORRECT ANSWERS Amendment 3 Amendment that prohibits unreasonable search & seizures - CORRECT ANSWERS Amendment 4 Amendment that lists the rules for indictment by grand jury, and eminent domain. Protects the right to due process. Prohibits self-incrimination and double jeopardy - CORRECT ANSWERS Amendment 5 Amendment that protects the right to a fair and speedy trial. Gives you the right to be notified of accusations, confront the accuser, and obtain a witness for or against you - CORRECT ANSWERS Amendment 6 FCLE TEST EXAM 178QUESTIONS AND CORRECT ANSWERS(VERIFIED ANSWERS)| LATEST UPDATE 2024 GRADED A+ Amendment that banned Congress form increasing its members' salaries until the next election - CORRECT ANSWERS Amendment 27 The president is elected by a majority of electoral votes. After an election a group of electors chosen by each state officially cast the electoral votes for their state to choose the President. - CORRECT ANSWERS Electoral College This document was adopted by the Second Continental Congress in 1781 during the Revolutionary War to create a national government. The new government was weak because states held most of the power, and Congress lacked the power to tax, regulate trade, or control the coining of money. It was later replaced with the U.S. Constitution. - CORRECT ANSWERS Articles of Confederation introduced by Roger Sherman; set up a bicameral Congress - upper house called Senate with each state getting 2 votes & a lower house called the House of Representatives with each state's representation based on its population--satisfied both the large and small states - CORRECT ANSWERS Great Compromise is the breaking of the gov't into Federal and state levels, each having certain powers - CORRECT ANSWERS Federalism system of each branch of gov't having a power to check the power of the other to make sure no one branch becomes too powerful - CORRECT ANSWERS Checks and Balances headed by the President and carries out the laws; also includes the Vice President and the Cabinet members - CORRECT ANSWERS Executive Branch a statute in draft before it becomes law - CORRECT ANSWERS Bill the judge who presides over the supreme court - CORRECT ANSWERS Chief Justice FCLE TEST EXAM 178QUESTIONS AND CORRECT ANSWERS(VERIFIED ANSWERS)| LATEST UPDATE 2024 GRADED A+ The role of the president as the supreme commander of the armed forces of the United States. - CORRECT ANSWERS Commander-in-Chief highest ranking member of a state's executive branch - CORRECT ANSWERS Governor powers reserved for the states; examples: creating and maintaining an education system, creating local governments - CORRECT ANSWERS Reserved powers presidential power to stop a bill from becoming a law by rejecting it - CORRECT ANSWERS Veto power the order in which officials fill the office of president in case of a vacancy-1. Vice President, 2. Speaker of the House of Representatives, 3. President of the Senate Pro Tempore, ... - CORRECT ANSWERS presidential succession 9 justices nominated by President, confirmed by Senate; highest court in the nation; hears only appeals; interprets Constitutional law - CORRECT ANSWERS U.S. Supreme Court A series of acts passed by the government in response to the Boston Tea Party. They caused outrage, as the colonists viewed the acts as a violation of their rights. This led to the creation of the First Continental Congress and the Revolutionary War. - CORRECT ANSWERS Intolerable Acts/Coercive Acts demonstration (1773) by citizens of Boston who raided three British ships in Boston harbor and dumped hundreds of chests of tea into the harbor; organized as a protest against taxes on tea. - CORRECT ANSWERS Boston Tea Party Rights & responsibilities entitled to citizens belonging to a political state or country; only citizens can run for federal office (i.e. President, Congress) - CORRECT ANSWERS Citizenship FCLE TEST EXAM 178QUESTIONS AND CORRECT ANSWERS(VERIFIED ANSWERS)| LATEST UPDATE 2024 GRADED A+ meeting of state delegates in 1787 to revise the Articles of Confederation, which produced the new U.S. Constitution - CORRECT ANSWERS Constitutional Convention An electoral system with two dominant parties that compete in national elections. Our two major parties are the Republicans and the Democrats. - CORRECT ANSWERS Two-Party System A belief that one has an obligation to participate in civic and political affairs. - CORRECT ANSWERS Civic Duty the responsibilities of a citizen, examples include voting, serving on juries, holding public office - CORRECT ANSWERS Civic Responsibility clause of the Constitution that says the Constitution is the highest law of the land. Article 6, Clause 2 - CORRECT ANSWERS Supremacy Clause powers shared by the state and federal governmentEx: power to tax citizens - CORRECT ANSWERS concurrent powers powers specifically stated in Article 1, Section 8 of the Constitution as being granted to CongressEx: power to establish post offices, power to regulate commerce - CORRECT ANSWERS delegated powers clause in Article 1, Section 8 of the Constitution that gives Congress the right to make all laws "necessary and proper" to carry out powers not expressly stated but necessary; cited in the Supreme Court landmark case McCulloch v. Maryland (1819) - CORRECT ANSWERS Elastic Clause (Necessary and Proper Clause) powers Congress has that are specifically stated in the ConstitutionEx: power to coin money and set its value, power to declare war - CORRECT ANSWERS enumerated/expressed/delegated powers FCLE TEST EXAM 178QUESTIONS AND CORRECT ANSWERS(VERIFIED ANSWERS)| LATEST UPDATE 2024 GRADED A+ The belief that people are free and equal by natural right, but will give up some freedom to give power to the government so that the government can protect their rights. - CORRECT ANSWERS Social Contract Theory Article VI of the Constitution, which makes the Constitution the supreme law of the land and states that states cannot pass laws that conflict with federal laws. - CORRECT ANSWERS Supremacy Clause head of a city's government elected by the people who are citizens of that city - CORRECT ANSWERS mayor movement in the United States beginning in the 1960s to establish civil rights - CORRECT ANSWERS Civil Rights Movement law requiring men to register for military service - CORRECT ANSWERS Selective Service Act war between Great Britain and its American colonies, by which the colonies won their independence - CORRECT ANSWERS American Revolution compromise made when writing the Constitution to satisfy both free and slave states; said for every 5 slaves, 3 would count in a state's population for both representation and tax purposes - CORRECT ANSWERS 3/5 Compromise a formal document charging a public official with misconduct in office - CORRECT ANSWERS impeachment the opening section of the Constitution; brief introductory statement of the fundamental purposes and guiding principles that the Constitution is meant to serve - CORRECT ANSWERS Preamble to the Constitution FCLE TEST EXAM 178QUESTIONS AND CORRECT ANSWERS(VERIFIED ANSWERS)| LATEST UPDATE 2024 GRADED A+ the leader of the majority party who serves as the presiding officer of the House of Representatives - CORRECT ANSWERS Speaker of the House of Representatives This document was written by Thomas Jefferson andadopted on July 4, 1776 establishing the 13 American colonies as independent states, free from rule by Great Britain. The preamble (first section) lists our unalienable rights: life, liberty and the pursuit of happiness. - CORRECT ANSWERS Declaration of Independence The idea that our government derives its power from the people because we elect representatives to the legislative branch of government - CORRECT ANSWERS consent of the governed supreme court decides if laws passed by Congress or President are constitutional - CORRECT ANSWERS Judical Review (Marbury vs. Madison) separation between Church and State in schools. S.C. prayer in public schools is unconstitutional, violates separation of church and state and freedom of religion (First Amendment) - CORRECT ANSWERS Engel v. Vitale (1962) Evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in criminal prosecutions in state courts, as well as federal courts. - CORRECT ANSWERS Mapp v. Ohio (1961) 14th amendment Due Process Clause allows requirements for state delinquency proceedings. established the principle that young persons have constitutional rights - CORRECT ANSWERS In Re Gault (1967) Supreme Court case that ruled separate but equal public accommodations for the races was constitutional - CORRECT ANSWERS Plessy v. Ferguson 1896 state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own attorneys. - CORRECT ANSWERS Gideon Vs .Wainwright (1963) FCLE TEST EXAM 178QUESTIONS AND CORRECT ANSWERS(VERIFIED ANSWERS)| LATEST UPDATE 2024 GRADED A+ the court decided that the First Amendment applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom. - CORRECT ANSWERS Tinker Vs.Des Moines(1968) The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated. - CORRECT ANSWERS Brown v. Board of Education (1954) 1857 Supreme Court decision that stated that slaves were not citizens; that living in a free state or territory, did not free slaves - CORRECT ANSWERS Dred Scott v. Sandford (1857) The U.S Supreme Court held for the first time that public schools can limit what appears in school-sponsored student publications. - CORRECT ANSWERS Hazelwood v. Kuhlmeier (1988) This case proves that the 5th Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present. - CORRECT ANSWERS Miranda vs. Arizona, 1961 The court ruled that manual recounts of presidential ballots in the Nov. 2000 election could not proceed because inconsistent evaluation - CORRECT ANSWERS Bush v. Gore (2000) the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers - CORRECT ANSWERS McCulloch v. Maryland (1819) 2nd Amendment guarantees an individual right to own a firearm - CORRECT ANSWERS DC v. Heller (2008)