presidential decisions

8/7/2019 Presidential Decisions

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Presidential DecisionsCommander-in-ChiefAs Commander-in-Chief of the United States' armed forces, the

President is ultimately at the head of the chain of command for theArmy, Navy, Air Force, Marines and the Coast Guard. While manyformer military generals such as Washington, Jackson, Grant andEisenhower have served as president, there is no requisite of formermilitary service to become Commander-in-Chief. This is animportant concept in the Constitution, making the ultimate head ofthe armed forces an elected civilian and not a member of the forcesdirectly under his command. Civilian control of the military servesto balance the needs of defense and security with accountability tothe democratic populace.

Chief ExecutiveAs Chief Executive the president is technically the head of allFederal agencies, departments and bureaucracy within theexecutive branch. Examples of these would include the Departmentof Justice and the agencies of the FBI and the ATF under thatdepartment's control, the Internal Revenue Service and hundreds ofother government offices. The president issues executive orders tothese agencies and directs the enforcement of the laws as passed byCongress and interpreted by the Supreme Court. The president alsoappoints and removes the government officials responsible forheading these various and diverse government offices.

Head DiplomatAs Head Diplomat the president represents theUnited States in negotiations with foreign

countries. Article II of the Constitution grants the President the powerto negotiate and sign treaties on behalf of the United States (treatiesdo require ratification by the Senate to take effect). The president alsoextends or removes recognition of nations and their governments. Ashead diplomat the president sets US foreign policy, to be carried outby the Department of State, via the Secretary of State, US

Ambassadors and US envoys around the globe.

Chief LawmakerAs Chief Lawmaker the president's main responsibility is proposingthe federal budget. By directing the spending of the federalgovernment the president effectively determines what programs andpolicy areas are to receive funding priority. The president alsoproposes legislation to be considered by Congress. While it is


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Congress's role to craft and pass all legislation, proposals from the president are usuallygiven special consideration and have been the origin of many of our significant laws andpolicies throughout US history. Finally, the president has the power of the veto, or therejection of legislation passed by Congress, giving him the power to strike down

proposals with which he does not agree. While vetoes can be over ridden by Congress,the veto remains a power lawmaking weapon.

Special Judicial PowersAs a check on the judicial branch of government, the Constitution endows the presidentwith a few special judicial powers. The president has the ability topardon anyone convicted of a crime, effectively nullifying theirconviction and freeing them from their sentence. Also given thepresident is the power to grant amnesty from a type or class of crime.In the case ofamnesty, a general forgiveness for all personsconvicted of a particular crime is granted, not to a specific individual.

These two judicial powers are used sparingly by most presidents andusually only in special circumstances, as they effectively overturn an indictment orconviction in a court of law and potentially grant guilty parties their freedom.

Head of StateAs the Head of State, the office of the presidency serves as the symbolic or ceremonialrepresentation of the United States. An analogy can be made to the Queen of England orthe Emperor of Japan, individuals who serve to represent the government to its people, orto represent that government symbolically to the world. In this capacity the president mayattend ceremonies or funerals for the heads of foreign governments, or toss the first pitchon baseball's opening day.

Bully PulpitThe concept of the Bully Pulpit is not found in the Constitution or any actual law, it

instead developed as an extension of the president's position and meaningin American society. Coined by President Teddy Roosevelt, the bullypulpit is the use of the prestige and public authority of the president toadvocate for a particular agenda or idea, not by legislation but bypersuasion of the American people. Public speeches in which thepresident may ask the American people to undertake a specific request,not because of a government action, but because of a presidential appeal,

is an example of the bully pulpit. The ability to use the 'Bully Pulpit' is based purely onthe president's moral authority and respect for the office of the presidency.

Introduction to U.S. GovernmentA good portion of the United States History and Government curriculum is based on theideas and principles of American government. These ideas and principles are bestexemplified by the United States Constitution.


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A Constitution is a country's plan of government. The discussion of the USConstitution focuses on the features that make our plan of government unique andenduring.

US Government review focuses on these eight main areas:

FoundationHighlights the roots of the American system and the unique history of UnitedStates political though that gave rise to the Constitution.

ConventionFocuses on the dynamics of the Constitutional Convention of 1787 inPhiladelphia, the differing point of view and eventual compromises that gavebirth to the document itself.

3 BranchesExamines the three branches that compose the Federal Government, their unique

powers and roles, as well as how power is separated in order to keep one branchof government from dominating the system.

Checks and BalancesExamples of the system of checks and balances in action. Examples of how eachbranch is endowed with the power to temper the power of the other two.

FederalismIdentifies the unique balance between federal and state power, as well as thetypes of powers identified in the Constitution.

AmendmentsDiscusses the process for amending the Constitution, as well as a discussion ofthe Bill of Rights, the other amendments and their historic roots.

Unwritten ConstitutionExplains the features of the Constitution that are considered implied or"unwritten". Provides examples of these features in action, as well as areasoning behind their implementation.

Laws (Legislation)A selection of significant legislation from American history, focused on theprovisions of the laws and their historic roots.

The 13 Enduring Constitutional IssuesThe thirteen enduring Constitutional issues are considered to be the core of what theRegent's examination in United States History and Government will test on the topic of

government. It is recommended that you familiarize yourself with these 13 issues. Asyou progress through your government review be aware of how what you know aboutgovernment relates to one or more of these enduring Constitutional issues.

1. National PowerThe Constitution created a "limited government" with clearly delegated powers,however over time federal power has grown to include a greater amount ofimplied as well as "necessary and proper" powers.


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2. FederalismThe Constitution attempts a balance of power between the federal governmentand those of the states. Over time the federal government has grown to meet thedemands of a more complex society, how do we preserve the balance offederalism while meeting these demands?

3. The JudiciaryAs interpreter of the Constitution and its changing meaning over time, theJudicial Branch has a unique power to shape the Constitution and its protectionsin order to adapt to the changing needs and challenges of society.

4. Civil LibertiesAn on-going discussion in American history has been the delicate balancebetween the civil rights of the individual with the security, welfare and needs ofAmerican society as a whole.

5. Crime and Rights of the AccusedThe Constitution (in the Bill of Rights) very specifically details the rights of theaccused and the limits on the government in prosecuting accusations. At the

same time we have struggled to balance the rights of the accused with thegeneral welfare of the nation and the rights of the victim.

6. Equality as a Constitutional ValueThe Constitution does not outline the specific ways in which equality is to bedefined, be it social, economic or political. As the nation has progressed,reinterpretations of the Constitution have helped to better define the meanings of"equality".

7. Rights of WomenThe Constitution does not specifically address the rights and status of women,save for the 19th amendment, however in the recent past Constitutionalprotections assumed for men have been extended to fully include women as

well.8. Rights of Racial and Ethnic Minorities

The Constitution has in many ways failed to protect the rights of ethnic andracial minorities, however in recent history there has been a greater push toextend Constitutional protections to a greater number of groups.

9. Presidential Foreign and Wartime PowersPresidential power has increased as the nation as grown and expanded, reachingtheir peak during times of war and national emergency.

10. Separation of PowersThe Constitution set up three branches of government, each with specific andunique powers, as well as system of checks and balances designed to limit those

power s.11. Representation

The Constitution provides for voting rights, which have been expanded overtime to include a greater amount of the population. The growth of politicalparties also has aided in the growth of representation in government.

12. Property and Economic RightsThe government provides for the general welfare and protects the rights of the


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people to own property and exercise economic freedom.

13. Constitutional Change and FlexibilityThe Constitution as a "living document" with the ability to amend and bereinterpreted to meet changing times.

Foundations of U.S. GovernmentThe roots of American democracy stretch back beyond the formation of the UnitedStates, having origin in ancient Greek thinking, the Enlightenment, as well as colonialinjustices under the English.

Ancient Influences on American DemocracyThe ancient Greeks in the city-state Athens created the idea of the democraticgovernment, practiced as a direct democracy (government in which all citizens had sayvia participation in voting). The Romans developed the concept of the representativedemocracy (one in which the citizens elect representatives to act of their behalf ingovernment). This was best exemplified by the Roman Senate. The upper house of theUS Congress is the Senate in ode to this ancient ideal.

The United States was founded as a representative democracy in which qualifiedcitizens elect representatives to carry out their will in government. However, the ONLYexample of directly elected officials in the original Constitution was election ofrepresentatives to the House of Representatives, as the President is in-directly electedby the electoral college and senators selected by state legislatures.

Influences of the EnlightenmentThe thinking of the founding fathers (especially Thomas Jefferson) was heavilyinfluenced by the intellectual changes occurring in 1700's Europe. The EuropeanEnlightenment focused on reason, human thought and experience as opposed to thedivine reasoning of religious thought. This thinking in government is best seen in thework of Locke, Rousseau and Montesquieu.

Locke declared that all men are born with the natural rights of"life, liberty andproperty" and no government can revoke these rights. Locke maintained that citizensgrant governments the power to rule, in order to protect their natural rights. When agovernment fails to protect rights and consent is revoked, the government can bechanged or replaced with a revolution. Jean Rousseau developed the idea of the socialcontract, based on the previous ideas of Locke. It held that a social contract existedbetween government and the people. It further stated that when government broke thecontract by failing to serve the will of the people, a revolution was justified. Baron deMontesquieu was an enlightenment philosopher who wrote of the benefits of dividingpower in a government among more than one branch.

Thomas Jefferson and the founding fathers borrowed many of these ideas when crafting


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the Declaration of Independence and the Constitution. Natural Rights appear in thedeclaration as "life, liberty and the pursuit of happiness". The notion of replacing agovernment that fails to maintain consent is cited as justification for the AmericanRevolution against the English. Finally, separation of powers is integrated into US

government along the three branch system and protected by the system of checks andbalances.

Colonial Democratic DevelopmentsDemocratic developments during the colonial era date back to the landing of thePilgrims at Plymouth rock. The Mayflower Compact was the earliest example, inwhich the Pilgrims consented to be governed and to abide by the decisions of theirgovernment.

Ben Franklin's Albany Plan of Union in 1754 was the earliest attempt at organizing the13 colonies against the French. It was soundly rejected by the colonial governments as a

threat to the democratic institutions that had created in the absence of direct British rule.During this era the English government had no specific policy of direct governing of thecolonies. This became known as the period ofsalutary neglect or the ignoring of thecolonies for their own health, during which they developed forms ofself-rule.

During this period of salutary neglect the colonists began to develop their own forms ofgovernment. In Virginia, the House of Burgesses developed as a representativedemocracy in which elected officials served as the voice of their regions within thestate. In Massachusetts, many towns relied upon a New England style town meetings inwhich all white, land-holding men were allowed to participate.

The Articles of Confederation FailDuring the years immediately following the Revolutionary War, the coloniesorganized themselves into a new American government. The Articles ofConfederation (1781-1789) served as the foundation for this first attempt at a nationalgovernment and while a failure, it was the lessons learned under the articles that helped


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strengthen the government formed by the Constitution.

Weakness inArticles of

Confederation

Example Change in Constitution

No Standing

Army

In ability to dealwith the threat of

"Shay'sRebellion"

Federal Government isgiven the power to raiseand maintain a standing

army

No Federal

Taxation

States did not paydebts to Congress

and so federalgov't had no $$

Congress is granted thepower to tax, impose duty

and raise tariffs

No SingleNational

Currency

States minted

money, no setexchange

disrupted tradeamong the states

Congress is granted solepower to coin money

No Executive

Leadership

Failure of directleadershipresulted inindecision

A strong executive(President) is created

Each State had

Equal Vote inCongress

Smaller stateswith low

populations haddisproportionalpower

Bicameral Legislature with

proportional representationin the House of Reps.

Required

Unanimous

Vote to Amend

Completeinability tocorrect the

failures under thearticles

The 1787 ConstitutionalConvention completely

replaced the Articles ratherthan amending them

Constitutional Convention


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THE ARTICLES OF CONFEDERATION FAIL:

THE CONSTITUTIONAL CONVENTION IS CONVENED:Meeting at Independence Hall in Philadelphia, 55 delegates from all the states exceptRhode Island, met to rework the failing Articles of Confederation. It quickly became

apparent that amending the articles was unworkable and discussion soon turned toreplacing them with a new government.

Many of our greatest founding fathers attended the convention as delegates from theirrespective states. George Washington (elected president of the convention), BenFranklin, James Madison and Alexander Hamilton (a strong contributor and delegatefrom New York) all were in attendance.

Despite the greatness in leadership, the crafting of a new constitution proved a long anddifficult task. Regional, political and economic differences threatened to jeopardize theprocess. It was only by carefully crafted compromise that a final document was

achieved.

THE GREAT COMPROMISE:One of the first issues to be resolved was representation to the new government. TheArticles of Confederation had allowed each state equal representation and equal say,despite size or population and this did not sit well with the largest states (Virginia, NewYork, Pennsylvania). The smaller states feared losing say in the federal government andso continued to support equality in representation.


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Federalism in U.S. GovernmentFederalismThe concept of Federalism is one that underlies all concepts about the power of

government in the US system. Federalism within the United States system is thebalancing of power between a Federal Government and State Governments. Within thissystem the Federal Government is superior to the State Governments. For example, astate could not pass a law that directly contradicted a law passed on the federal level.Within these principles, power is divided among the federal and state governments.

Divided Powers in US GovernmentThe US Constitution specifically states what types of powers are to be granted to whatgovernments.

Delegated Powers - To delegate means to specifically assign, in this case

delegated powers are those powers specifically assigned to the FederalGovernment. The founding fathers feared a national government that wouldoverstep its bounds, so they took care to only allow the national governmentvery specific powers. These are also referred to as enumerated powers.

Reserved Powers - To reserve is to save, in this case all powers not specificallydelegated the Federal Government are to be reserved or saved for the StateGovernments.

Concurrent Powers - Concurrent means "at the same time", in this caseconcurrent powers are those that both the federal and state governments havesimultaneously.

Implied Powers - These are powers that are NOT specifically delegated in the

Constitution, but are understood to be necessary or allowed. The elastic clauseornecessary and proper clause allows these by stating that Congress has thepower "to make all laws which shall be necessary and proper for carrying intoexecution the foregoing powers" (art. I, sec. 8). Examples include:

o Hamilton's creation of the National Bank- no power to create banks is

delegated the Federal Government, however it was deemed necessaryand proper to form a bank to aid in Congress's power to coin money andregulate the economy. (see McCullough vs. Maryland 1819)

o Regulation of Railroads, Shipping, Highways - Congress is delegated

the power to regulate interstate trade and as such it is implied thatCongress also has the power to regulate interstate transportation by

which interstate trade is made possible. (see Gibbons vs. Ogden 1824) Denied Powers - These are powers that are are specifically NOT allowed to

either the federal or state governments. Again, this listing of denied powers wasa specific way in which the founding fathers attempted to create a limitedgovernment.

Examples of Divided Powers in US Government


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Delegated Powers:Those powers specificallygranted the Federal Governmentby the Constitution.

Reserved Powers:Those powers not delegated to

the Federal Government ordenied the states are reserved for

the states.

o Regulate

interstate andinternationaltrade

o Coin money

o Declare war

o Maintain an

armed forceso Establish a

postal systemo Enforce

copyrights

o Sign treaties

ConcurrentPowers:

Powers that areshared by both theFederal and State

Governments.

o Regulate

intrastate tradeo Establish

schoolso Establish local

governmentso Pass statewide

laws (ex.safety beltlaws)

o Run elections

Power to tax Maintain

courts

Borrowmoney

Amendments to the ConstitutionAmending the ConstitutionOne of the most important features of the Constitution is the ability to amend or changethe document in order to adapt it to changing times and conditions. Amending theConstitution should rightly be a difficult task, there are however a few methods to

accomplishing these significant changes.

Method 1

Amendment

Proposed by 2/3rds

Vote in Each House

of Congress

OR

APPROVAL:

Ratified by 3/4ths of

the State Legislatures

APPROVAL:

Ratified by

Constitutional

Conventions in 3/4ths

of the States


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Method 2

Amendment

Proposed at a

NationalConstitutional

Convention

OR

APPROVAL:

Ratified by 3/4ths of

the State Legislatures

APPROVAL:

Ratified by

Constitutional

Conventions in 3/4ths

of the States

The Bill of RightsThe most significant amendments to the Constitution are the first ten, also known asThe Bill of Rights. These amendments were added to the Constitution at the insistenceof the Anti-Federalist forces during the debates overratification. The fear of adominating federal government, such as the colonists had experienced under Englishrule, led many to demand assurances that specific rights and liberties were going to beprotected. It is the Bill of Rights that stands till today as the greatest guarantee of theserights and liberties upon which America was founded. All of the amendments in the Billof Rights were adopted together in 1791.

Amendment Right(s) Historic Roots

1Freedoms

Freedom ofReligion

Freedom ofPress

Freedom ofSpeech

Freedom ofAssembly

Separation ofChurch and State(no nationalreligion)

The English gov'thad suppressedspeech, assemblyand press rights inan attempt to quellthe growingcolonial discontent.Additionally, manyearly settlers (such

as the Pilgrims)came to America insearch of religiousfreedom.

2Right to Bear

Arms

Right to keepand bear arms

In the period priorto the revolution,the English


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attempted to limitmilitia activity, asthey rightly fearedpreparations for acoming revolution.

3No Quarter

Right toprotection fromtroops beingquartered inhomes duringpeacetime

The Quartering

Act passed byEnglish Parliamentrequired thecolonists to houseand feed Britishtroops stationed inthe colonies.

4Search and

Seizure

Right againstunreasonable

search andseizure

Warrants requirecause and mustbe specific

British troops oftensearch houses and

property at will, inan attempt tosuppressorganizationsworking towards arevolution.

5Rights of the

Accused

Accused must beindicted by aGrand Jury

Cannot be triedfor the samecrime twice(doublejeopardy)

Cannot be forcedto testify againstyourself

Right to a fairtrial with allproper legalrights enforced(due process)

Right to faircompensation ($$) when the gov'ttakes yourproperty forpublic use

Many accusedunder British law inthe colonies, werejailed without beingaccused of a crime.It was also notuncommon for aperson in thecolonies to be triedunder the laws ofBritain, without

regard to the locallaws passed withinthe colonies.


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6More Rights ofthe Accused

Right to beinformed of thecharges againstyou

Right to a

speedy andpublic trial

Right to animpartial jury

Right to facewitnesses againstyou in court

Right to counsel(a lawyer)

Right to call

witnesses in yourdefense

In the era prior tothe revolution,British courts could

keep a suspect injail withoutaccusing him/her ofa crime or bringingthem into a court oflaw. Many suspectssat in prison foryears awaiting trial,only to be foundinnocent anreleased.

7Rights in aCivil Case

Right to a trialby jury in a civilcase (non-criminal case)

This provisionprotected the ideaof trial by jury (afundamental notionin both English andAmerican law) andextended it to allcases private orpublic.

8Cruel andUnusual

Punishment

Right toprotectionagainst cruel andunusualpunishment

Right toprotectionagainst excessivebails and fines

Even given thatEnglish lawsapplied to thecolonies, Englishrun colonial courtsdid not enforce thelaw evenly or fairlyin the eyes ofmany. Excessivefines were levied

for small offensesand extendedsentences weregiven colonistsperceived as threatsfor even the mostminor offenses.


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9Unenumerated

Rights

Guarantee thatrights notenumerated(listed) in the

Constitution arestill protected

The foundingfathers wanted tobe certain thatrights articulated inthe Bill of Rights

were not thought tobe the only possiblerights.

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ReservedRights

Guarantee thatthe people andthe states haveall of the powersnot specifically

delegated thefederalgovernment(reservedpowers)

Many of thefounding fathersfeared thedomination of thepeople and thestates by apowerful federal

government. Toinsure thecontainment of thispower, people andstates are grantedall the powers thatthe federalgovernment is not.

Other AmendmentsOutside of the Bill of Rights there are 17 other amendments to the Constitution. All of

the remaining amendments are outlined in the chart below. Those amendments whichare considered the most significant to review for the exam are highlighted with coloredbackgrounds.

Amendment Provisions/Rights Historic Roots

11State Immunity

(1795)

Limits theability of aperson to sue astate

Allows a

person to sueif a statedenies theirrights

The judicial systemwas left up to Congressto create. As this was

done, clarification wasneeded.

12Election of

President and

Electors to theElectoralCollege are to

In the election of 1800,confusion in theElectoral College


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V.P.(1804)

cast one votefor Presidentand separatevote for VicePresident

The Houseelects thePresident ofno candidategets anelectoralmajority (eachstate w/ 1vote)

The Senate

elects the VicePresident ofno candidategets anelectoralmajority

resulted from the

requirement that therunner-up for presidentbecome president.Further confusing wasthe fact that electorscould cast votes forVice Presidentialcandidates forPresident. The finalresult was the electionof Thomas Jefferson

and the 12thamendment.

13Abolition of

Slavery(1865)

Slavery isillegal

The end of the CivilWar saw a series ofthree amendmentsdesigned to grantgreater equality toformer slaves.

14Equal

ProtectionUnder the Law

(1868)

Declares thatall citizens areguaranteedequaltreatment andprotectionunder the law

Bars formerConfederates

from holdingoffice

DeclaresConfederatedebt null andvoid

This has proven one ofthe most significantamendments outsidethe Bill of Rights.Equal protection is thebasis for all moderncivil rights laws,

disability acts andother actions designedto protect minorityrights.

15 Insures black Despite this


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Right to Vote(1870)

males the rightto vote

amendment, poll taxesand literacy testswould attempt to denyblack males votingrights in the southern

states for nearly 100years.

16Income Tax

(1913)

GrantsCongress thepower tocollect taxeson income

Moneycollected doesnot have to bereapportionedto states basedon population

The Populists had longfought for the taxationif income as a way ofleveling out the greateconomic disparitybetween rich and poorthat developed duringthe Gilded Age.

17Direct Election

of Senators(1913)

Senators are tobe elected bythe people

The originalConstitution providedfor Senators to beelected by statelegislatures. This was aPopulist cause,designed to increase

people's participationin government.

18Prohibition

(1919)

The sale,making ortransportationof alcohol isillegal

The temperancemovement had gainedsupport in the ruralareas of the nation,somewhat in reactionto the growth of urbanareas and thetemptations citiesbrought. This was

repealed (overturned)by the passage of the21st amendment.

19Women'sSuffrage

(1920)

Women aregranted theright to vote

Women such as SusanB. Anthony (for whomthe amendment wasnamed) fought for a


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voting rightamendment for over40+ years.

20PresidentialInauguration

(1933)

President andVice Presidentare sworn intooffice on Jan.20th (movedfrom March4th)

During the heart of thedepression voterschose the New Dealpolicies ofFDRoverthe policies of thenpresident Hoover. Theelection occurred inNovember, butpresidential termsbegan in March of thenext year. As a resultnearly 5 months wentby during which the"lame duck"

presidency ofHooverdid little to alleviatethe suffering of theGreat Depression.This amendmentshortens the "lameduck" time by movinginauguration up by 2months.

21Repeal of

Prohibition(1933)

The 18thamendment(prohibition)is repealed

Alcohol isagain legal

Prohibition wasregarded as a hugefailure. Bootleggingand speakeasiesallowed liquor to flowfreely, and created ahuge network oforganized crime. Manyfeared disrespect forthe prohibition lawswould cause disrespect

for all law, and the18th amendment wasrevoked.

22PresidentialTerm Limits

(1951)

No personmay serve asPresidentmore thantwice

George Washingtonhad sent the precedentof two terms. All otherpresidents continued toserve no more than two


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terms, up until FDRwas elected a recordfour times. After hisadministration ended,there was widespread

support for a formallimit on presidentialterms.

23Voting in

WashingtonD.C.

(1961)

GrantsWashingtonD.C. 3electors to theelectoralcollege

Residents of the capitoldid not have anypolitical voice infederal government.This amendment grantsthem the minimumnumber of electors. Totoday WashingtonD.C. has no Senatorsor Reps. to the House.

24Abolition ofPoll Taxes

(1964)

Poll taxes areillegal infederalelections

Many Southern stateshad used poll taxesand literacy tests tolimit black voting afterthe Civil War. Literacytests were alreadyillegal by the 1960's,but an amendment was

required to outlaw thepoll tax.

25PresidentialSuccession

(1967)

Establishes aclearersuccession tothe presidencyand vicepresidency

During the era of theCold War and in thewake of JFK'sassassination, a clearerchain of ascension tothe nations' highestoffices was needed.

26Voting Age

(1971)

The age ofeligibility for

voting islowered to 18

In the wake of protestsover the Vietnam war,

a fundamentalhypocrisy in theAmerican votingsystem became clear.18 year-olds could bedrafted and forced tofight in war, but could


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not cast a vote for thepoliticians who weredetermining their fate.

27Congressional

Pay Raises(1992)

Congressionalpay raises donot take effectuntil after thenextCongressionalelection

The process for thisamendment was begunin the 1790's. It keeps acurrent Congress fromraising their own pay.

Failed Amendments to KnowOf the hundreds of amendments to the Constitution that have been proposed over thepast 200+ years, only 27 have become part of the Constitution. A few notableamendments that have gained popularity, but failed to become law are listed below.

ProposedAmendment

Provisions/Rights Historic Roots

EqualRights

Amendment(E.R.A.)

Proposed aguarantee of

equal rightsfor women

This amendment gainedpopular support followingthe feminism movementof the 1960's and 70's. Itwas eventually deemedunnecessary, as theSupreme Court hasinterpreted the 14th

amendment's equalprotection provision toapply to women and othergroups of minority status,effectively accomplishingmuch of what the E.R.A.would have provided.

FlagBurning

Proposed tooutlaw theburning of theUS flag

In the Supreme Court caseTexas v. Johnson (1990),the court ruled thatburning the US flag wasprotected speech under the1st amendment. As such,outlawing such speechwould require anamendment. This proposalhas come up many time inthe 1990's and continues


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to be a proposal underconsideration.

Monumental LegislationIntroductionMany of the most significant changes in American history have been brought about orresulted in legislative changes. The power of the law to positively effect the lives of theAmerican people, safeguard civil liberties or maintain the American system is afundamental notion in the Constitution.

While there are literally thousands of laws passed in American history, there are a fewmajor pieces that stand out as noteworthy for the changes set in motion or theConstitutional principles exemplified. They are examples that commonly appear on theregents examination.

Legislation Change or Provision Constitutional Principle

Northwest Ordinance(1787)

Provided for the settlementof the Northwest Territoryof the new nation andestablished guidelines suchas protection of civilliberties in the territory,statehood eligibility andschools.

***NOTE: This one of thefew acts of legislation passedunder the Articles ofConfederation that wasconsidered a success.

The Bill of Rights(1791)

Served as the founding listof rights and liberties to beguarded by the newAmerican government.Many of the rights weexpect our government todefend were added to theConstitution later as the first10 amendments.

The Bill of Rights itselfestablished many of theConstitutional principles ofrights of the accused andfreedoms of the individualthat are fundamental to oursystem.

Charter of The Bank ofthe United States

(1791)

Alexander Hamilton whowas serving as Washington'sSecretary of the Treasury,

advocated for a NationalBankin order to aid in therunning of the US economy.

Many disagreed over theconstitutionality of the

National Bank. In the endthe creation of the bank wasjustified by the necessaryand proper clause of theConstitution.

Missouri Compromise(1820)

Established a line dividingthe fee and slave territories

The Constitution made noclear provision for the


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of the growing UnitedStates.

expansion of the nation. Asthe nation grew so did theargument over slavery. Thecompromise served as a shortterm "fix" to the larger issues

that would explode into theCivil War.

Sherman Antitrust Act(1890)

Outlawed "combinations inrestraint of trade" as a wayof regulating the growth ofmonopolies in all areas ofthe US economy in the late19th century.

Congress was granted manypowers pertaining toeconomic control andregulation. The regulation ofmonopolies was seen asnecessary and properextension of these powers

Meat Inspection Act(1906)

&Pure Food and Drug Act

(1906)

Serving as an example of

increased reform andregulation of theProgressive era, these actsrequire governmentinspection of meatprocessing facilities andrequire that ingredients infoods and drugs be clearlylabeled.

Congress was granted under

the Constitution the power toregulate trade. As modernfacilities increased the tradein manufactured foods anddrugs, Congress took a role inregulating ingredients andprocessing in order tosafeguard public health.

The New Deal

(1933-1938)

The New Deal laws such asthe Social Security Act

would fundamentallychange the relationshipbetween the federalgovernment and the people.Other actions such as thecreation ofthe Securitiesand Exchange

Commission would foreverchange the relationshipbetween the federalgovernment and business.

The Constitution providesthat the government is toprovide for the welfare of thepeople. The New Deal lawsattempted to provide for thegeneral welfare by combatingthe suffering of the GreatDepression with workrelief,economic recovery andfundamental reform.

Civil Rights Act(1964)

A culmination of the CivilRights movement of the1950's and early 60's, the1964 Civil Rights Act endedsegregation in public placesonce and for all. It alsoestablished commissions

The 14th amendment's equalprotection under the lawprovision was never fullyrealized in the South, as JimCrow (segregation) lawspersisted. It was the 1964 actthat once and for all finalized


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and councils to increaseblack opportunities andequality.

the process begun by Brownv. Board of Education

(1954).

War Powers Act

(1973)

Requires that the presidentnotify Congress within 48hours of ordering militaryaction, also requires thatarmed forces withdraw after60 days if no extension ordeclaration war is issued byCongress.

While the president iscommander-in-chief of thearmed forces, it is Congressthat declares war. Followingthe Vietnam was in whichunlimited military power wasgiven the president by theGulf of Tonkin Resolution

(1964), Congress passed theWar Powers Act as a way toreign in presidential militarypowers.

Americans with

Disabilities Act

(1990)

Safeguards civil liberties onbehalf of those persons witha disability in Americansociety. Also establishesthat "reasonableaccommodations" be madein order to provide accessand opportunity to personswith disabilities.

Over time we have seen theexpansion of Constitutionalprotections by legislation.Minority status groups (suchas women, blacks, personswith disabilities, NativeAmericans, etc...) have seenthe greatest gains in legalprotections.

Age of Jackson: Question 1 of 7

At times, the United States Government has passed protective tariffs to

1. encourage foreign trade2. help the nations manufacturers3. reduce the cost of consumer goods4. improve the quality of goods

Correct Answer Number: 2

Explanation: Tariffs are taxes placed upon goods being imported into a nation. The

imported goods then have a higher total price (after the tax) then similar goodsmanufactured within the nation itself. This protects the domestic manufactures fromhaving to compete with lower priced, foreign made products. This concept has beenapplied many time in US history (it was part of Hamiltons economic plan; the Tariffof 1828 was highly unpopular; tariffs were also applied in the 1920s and are seen asa contributing factor in the great depression.)


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. . . the American continents, by the free and independent condition which they haveassumed and maintain, are henceforth not to be considered as subjects for future

colonization by any European powers. . . . President James Monroe, 1823 WhichPresident later built on the idea expressed in this quotation?

1. Abraham Lincoln2. Theodore Roosevelt3. Harry Truman4. Richard Nixon


Explanation:


A major reason for the issuance of the Monroe Doctrine (1823) was to

1. discourage United States trade with Latin America2. defend the Panama Canal from Great Britain3. prevent further European colonization in the Caribbean region4. provide economic aid to Latin American nations


Explanation:


During the presidency of Andrew Jackson, the spoils system resulted in

1. federal laws being nullified by the states2. elected officials rewarding their supporters with government jobs3. all free males being given the right to vote4. the end of political corruption in the federal government



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Explanation:


One way in which the Kentucky and Virginia Resolutions (1798) and the SouthCarolina Ordinance of Nullification (1832) are similar is that each

1. claimed that individual states have the right to interpret federal laws2. formed part of the unwritten constitution3. supported the federal governments power to declare war4. provided a way for new states to enter the Union


Explanation: The Kentucky and Virginia Resolutions (authored by ThomasJefferson and James Madison) focused on countering the Alien and Sedition acts thathad been passed by the Federalists under President John Adams, the NullificationDoctrine of South Carolina centered on a dispute involving an 1828 tariff that manySouthern states sought to undo.


During the early 1800s, which factor contributed the most to the start of the IndustrialRevolution in the United States?

1. a restriction on European immigration2. the end of the slave labor system3. an abundance of natural resources4. the availability of electricity


Explanation: Waterways, coal reserves as well as ready timber forests fueled theearly growth and industrial capabilities of the US during the early 1800's as thenation emerged from the 'Era of Good Feelings' brought on by the War of 1812.



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What was an immediate effect of the completion of the Erie Canal in 1825?

1. Prices increased for food products along the Atlantic Coast.2. Farmers could more easily ship grain to eastern markets.

3. A territorial conflict began with Canada over the Great Lakes.4. Railroads were forced to reduce their shipping rates.


Explanation: The 'Transportation Revolution' of the early 1800's saw the growth ofcanals (such as the Erie Canal of New York State), turnpikes (toll roads constructedby many states) and later into the 1830's and 1840's rail. This encouraged regionalspecialization among the Northern, Southern and Western regions of the nation, asgoods, crops and manufactured items flowed more easily between areas.

Federalist Era: Question 1 of 16

The speakers below are discussing foreign policies that the United States hasfollowed at various times. Base your answers on their statements and on yourknowledge of social studies.

Speaker A: Steer clear of permanent alliances with any portion of the foreign world.Speaker B: The United States will give economic aid to needy countries anywhere inthe world, but will not provide military aid.Speaker C: The United States must prevent the growth of communism.Speaker D: The United States can take over other countries to help them become

more like us.

Which speaker states a policy most similar to the foreign policy advice given byPresident George Washington in his Farewell Address?

1. A2. B3. C4. D


Explanation: In his farewell address George Washington warned the fledglingAmerica to stay clear of entangling alliances with the Europeans, but to continueeconomic ties with the continent. He also sent warnings about the dangers of politicalparties and the factions they could create, dividing the American people.


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When John Marshall was Chief Justice, United States Supreme Court decisionstended to strengthen the power of

1. the National Government2. state and local governments3. labor unions4. trusts and monopolies


Explanation: John Marshall had been nominated by John Adams and was a strongFederalist judge. As Chief Justice, Marshall moved the Supreme Court to decisionsthat favored and strengthened the Federal Government and its superiority over the

states. Decisions such as McCulloch v. Maryland(1819), Gibbons v. Ogden (1824)and others are testimony to this expansion and protection of the federal government.


Alexander Hamiltons argument that the government has the power to create aNational Bank is based on which part of the Constitution?

1. the Preamble

2. the elastic clause3. guarantees to the States4. the Bill of Rights


Explanation: The elastic clause or the necessary and proper clause in theConstitution, allows Congress to expand its powers beyond the actual text of theConstitution in order to carry out its duties of running the nation. In the case of theNational Bank, Hamilton argued that creating the bank fell within the realm of anecessary and proper action, needed to effectively manage the US economy. The

bank would remain a divisive issue in early American history as opinions differedover the legality of its creation. It was the center of the Supreme Court caseMcCulloch v. Maryland(1819) and the Bank War under President AndrewJackson.



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"All communities divide themselves into the few and the many. The first are the richand well born, the other the mass of the people. . . . The people are turbulent andchanging. . . . Give therefore to the first class a distinct permanent share in thegovernment. They will check the unsteadiness of the second."

-Alexander Hamilton

The author of this quotation suggests that

1. the will of the majority should guide public policy2. wealthy people are too preoccupied to rule well3. the common people cannot be trusted to run a stable government4. poorer people must work harder to gain access to economic and political

power


Explanation: Alexander Hamilton and many within his Federalist supportersdistrusted the uneducated, rural population of America and did not wish to extendthem too much say within government. This is evident in the Constitution as ratifiedin 1789, as the only direct election called for was for the lower house of Congress(House of Reps.). Senators were originally selected by the legislatures of the statesand the president in-directly elected by an electoral college.


Actions and policies of the Government under President George Washingtongenerally resulted in the

1. establishment of strong political ties with other nations2. liberation of many enslaved persons3. failure to create a sound financial program for the country4. strengthening of the Federal Government


Explanation: Washington was a supporter of a strong national government. Heenacted policies such as the creation of the National Bank (part of Hamiltonsfinancial plan) and the use of federal troops to quell the Whiskey Rebellion toeffectively use the powers of a strong federal government.


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Speaker A:"We must take action even if we are not sure it will work. To do nothingto stop them would be a repeat of the Munich mistake."

Speaker B:"We must recognize the increasing interdependence of nations and jointhe United Nations."Speaker C:"Stopping the spread of communism can and must take several forms. Wemust be willing to do whatever is necessary."Speaker D:"Involvement in European affairs would be a mistake. We should notjeopardize our peace and prosperity over issues that Europes ambitions and rivalriescontrol."

Which speaker best describes the basic foreign policy of the United States until thelate 1800s?

1. Speaker A2. Speaker B3. Speaker C4. Speaker D


Explanation: In his farewell address George Washington warned the fledglingAmerica to stay clear of entangling alliances with the Europeans, but to continueeconomic ties with the continent. This policy of neutrality in Europe (and in mostexternal affairs) remained a fixture of US foreign policy up until the growth of US

imperialism in the late 1800s.


"Our true policy is to steer clear of permanent alliances . . . ."-George Washington

President Washington made this statement to warn against United States involvement

in

1. European military conflicts2. international trade3. the race for overseas colonies4. westward expansion


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Explanation: In his farewell address George Washington warned the fledgling

America to stay clear of entangling alliances with the Europeans, but to continueeconomic ties with the continent. This policy of neutrality in Europe (and in mostexternal affairs) remained a fixture of US foreign policy up until the growth of USimperialism in the late 1800s.


The significance of the Supreme Court case Marbury v. Madison is that the decision

1. advanced civil rights for minorities2. upheld the constitutionality of a national bank3. limited Presidential control of foreign policy4. established the power of judicial review


Explanation: The specific power of Judicial Review is not addressed in article 3 ofthe Constitution, however many Constitutional scholars agree the founding fathersmeant the Supreme Court to have this power. The courts decision in Marbury v.Madison (1803) effectively cemented the Supreme Courts claim to judicial review,in which the court first stated the right to declare laws unconstitutional.


Alexander Hamilton urged Congress to pass a protective tariff to encourage thegrowth of

1. labor unions2. manufacturing3. agriculture4. slavery


Explanation:


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What was the result of many of the Supreme Court decisions made under ChiefJustice John Marshall between 1801 and 1835?

1. The system of slavery was weakened.2. The federal government was strengthened.3. The rights of workers were supported.4. Antitrust laws were upheld.


Explanation:


It is emphatically the province and duty of the judicial department to say what thelaw is. . . . Marbury v. Madison, 1803 This statement expresses the SupremeCourts claim that

1. courts must abide by a strict interpretation of the Constitution2. federal laws must be approved by the courts before they can take effect3. the judicial branch must have a role in the amendment process4. the power of judicial review belongs to the courts


Explanation:


Alexander Hamiltons financial plan helped to establish the credit of the UnitedStates government by

1. providing for the payment of the nations debts2. taxing only the people most able to pay3. favoring agriculture over industry4. encouraging spending for national defense


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Explanation:


One factor that led to the formation of the first two political parties in the UnitedStates in the 1790s was the conflict over the

1. distribution of power between the federal and state governments2. spread of slavery into the western territories3. control of interstate commerce4. acquisition of lands from France and Spain


Explanation:


One major reason that Alexander Hamilton proposed a national bank was to

1. improve the economic position of the United States government2. help state governments collect taxes3. make loans available to owners of small farms4. reduce foreign investment in the United States


Explanation:


A major reason the Antifederalists opposed the ratification of the United StatesConstitution was because the Constitution

1. created a national bank2. lacked a provision for a federal court system


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3. failed to provide for the direct election of members of the House ofRepresentatives

4. changed the balance of power between the state and national governments


Explanation:


President George Washington pursued a foreign policy of neutrality during hisadministration primarily because he believed that

1. the United States needed time to gain economic and military strength2. treaties were prohibited by the Constitution3. the United States should not expand by force4. alliances should be established with both France and England


Explanation:

Landmark Supreme Court Cases: Question 1 of 36

Which idea is illustrated by the Supreme Court cases Schenck v. United States andKorematsu v . United States?

1. The free speech rights of Communists have often been violated.2. During wartime, limitations on civil rights have been upheld by judicial

action.3. The rights of protestors have been preserved even in times of national stress.4. Economic interests of foreign nations are frequently upheld in United States

courts.


Explanation: The Supreme Court ruled that Schencks protests against USinvolvement in WWI were a clear and present danger to the United States. Thecourt also ruled during WWII, that the internment of Japanese Americans such asFred Korematsu was legal because the posed a potential threat to the United States.This illustrates the idea that freedoms of liberty and speech can and have beenrestricted during the extreme cases, such as wartime.


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The Dred Scottdecision on the issue of slavery upheld the Southern viewpoint that

1. the power of the Supreme Court does not extend to cases of race2. Congress could not pass a law depriving territorial residents of their property3. a national vote should be held to decide the legality of slavery4. the economic well-being of the western states depended on slave labor


Explanation: The Supreme Court ruled in Dred Scott v. Sanford(1857) that blackswere not citizens and that slaves were property and could be taken anywhere,regardless of a states status as free or slave holding. This also served to declare the

Missouri Compromise unconstitutional due to its establishment of free/slave stateborders. This decision was ultimately nullified by the passage of the 13th amendmentfeeing the slaves and the 14th amendment establishing citizenship and equalprotection under the law.


The decisions of the United States Supreme Court in Miranda v. Arizona, Gideon v.Wainwright, and Escobedo v. Illinois all advanced the

1. voting rights of minorities2. guarantees of free speech and press3. principle of separation of church and state4. rights of accused persons


Explanation: In numerous decisions the Warren Court was active in expanding therights of the accused. The most famous of these was the 1966 Miranda v. Arizonadecision that established a suspects right to be informed of his or her rights. Many

cases such as Mapp v. Ohio (right against illegal search and seizure) Gideon v.Wainwright(right to counsel) and others further helped establish Earl Warrenslegacy as an activist Chief Justice.



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An immediate result of the Supreme Court decision in Schechter PoultryCorporation v. United States (1935) and United States v. Butler(1936) was that

1. some aspects of the New Deal were declared unconstitutional

2. State governments took over relief agencies3. ) Congress was forced to abandon efforts to improve the economy4. the constitutional authority of the President was greatly expanded


Explanation: When the Supreme Court struck down several provisions of FDRsNew Deal in the 1935 Schecter Poultry v. UScase and the 1936 US v. Butlerdecision, they were exercising a check upon the Legislature and the Executivebranches by declaring laws of the Congress and actions of the Presidentunconstitutional. FDR's reaction to these events was an attempt to "pack the court"

with his supports. He first attempted to pass a retirement age for justices (whichwould have forced many to step-down) and later attempted to increase the number ofjustices to 12. Both tactics failed and the resulting backlash against FDR's attempt tousurp the Court resulted in a loss of support for The New Deal programs in Congress.


Under Chief Justice Earl Warren, the Supreme Court was considered "activist"because of its

1. reluctance to overturn state laws2. insistence on restricting freedom of speech to spoken words3. expansion of individual rights in criminal cases4. refusal to reconsider the issues of the Plessy v. Ferguson case


Explanation: In numerous decisions the Warren Court was active in expanding therights of the accused. The most famous of these was the 1966 Miranda v. Arizonadecision that established a suspects right to be informed of his or her rights. Manycases such as Mapp v. Ohio (right against illegal search and seizure) Gideon v.Wainwright(right to counsel) and others further helped establish Earl Warrenslegacy as an activist Chief Justice.



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The "clear and present danger" ruling of the Supreme Court in Schenck v. UnitedStates illustrates the continuing conflict between

1. free speech and governmental authority

2. the use of search warrants and the rights of the accused3. state powers and Federal powers4. religious freedom and separation of church and state


Explanation: Schencks speech was anti-government and ant-war (WWI). Theruling established the ability of the government to suppress speech and press thatpresent a danger to it or its efforts.


The most stringent protection of free speech would not protect a man in falselyshouting fire in a theater and causing a panic." -Justice Oliver Wendell HolmesWhich interpretation of the Bill of Rights does this statement illustrate?

1. The needs of the government are more important than civil liberties.2. Constitutional protections of liberty are not absolute.3. The Supreme Court can eliminate freedoms listed in the Bill of Rights.4. The Bill of Rights does not safeguard individual liberties.


Explanation: The civil liberties granted by the Constitution, the Bill of Rights andother amendments are not absolute. This means that they may be limited orsuspended depending on circumstance or situation, usually in cases of nationalemergency (examples include: suspension of habeas corpus by Lincoln during theCivil War, limiting of freedom of speech and press during World War I and theinternment of Japanese-Americans without dues process during World War II).


Which generalization is consistent with the ruling of the United States SupremeCourt in Schenck v. United States?

1. The freedoms guaranteed in the Bill of Rights are virtually unlimited2. Government has the right to suspend any rights at any time.


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3. Individual rights can be limited in the national interest4. The balance between individual rights and the general social welfare almost

always favors individual rights.


Explanation: Schencks speech was anti-government and ant-war (WWI). Theruling established the ability of the government to suppress speech and press thatpresent a danger to it or its efforts.


The significance of the Supreme Court case Marbury v. Madison is that the decision

1. advanced civil rights for minorities2. upheld the constitutionality of a national bank3. limited Presidential control of foreign policy4. established the power of judicial review


Explanation: The specific power of judicial review is not addressed in article 3 ofthe Constitution, however many Constitutional scholars agree the founding fathersmeant the Supreme Court to have this power. The Courts decision in Marbury v.Madison (1803) effectively cemented the Supreme Courts claim to judicial review,in which the Court first stated the right to declare laws unconstitutional.


"Separate educational facilities are inherently unequal."-Brown v. Board of Education

The effect of this Supreme Court ruling was to

1. establish affirmative action programs in higher education2. require the integration of public schools3. desegregate the armed forces and the military academies4. force states to spend an equal amount on each public school student


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Explanation: The ruling in Plessy v. Ferguson (1896) established that separate but

equal facilities were legal (thereby upholding the Jim Crow laws of Southern states)and was later overturned in the Supreme Courts 1954 Brown v. Board of Educationof Topeka, Kansas ruling.


The decision of the United States Supreme Court in Marbury v. Madison (1803)established the power of the

1. House of Representatives to impeach the president2. Congress to override a presidential veto3. president to veto congressional legislation4. Supreme Court to determine the constitutionality of laws


Explanation:


What was the result of many of the Supreme Court decisions made under ChiefJustice John Marshall between 1801 and 1835?

1. The system of slavery was weakened.2. The federal government was strengthened.3. The rights of workers were supported.4. Antitrust laws were upheld.


Explanation:


Supreme Court decisions in Mapp v. Ohio, Gideon v. Wainwright, and Miranda v.


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Arizona affected individual liberties by

1. eliminating the poll tax as a voting requirement2. preventing the use of organized prayer in public schools

3. requiring equal pay for men and women performing the same job4. expanding the constitutional rights of people accused of crimes


Explanation:


As a result of the Supreme Court ruling in Miranda v. Arizona (1966), a personaccused of a crime is entitled to

1. a speedy trial2. reasonable bail3. a reading of his or her rights at the time of arrest4. protection against cruel or unusual punishment


Explanation:


The Supreme Court decisions in Mapp v. Ohio, Gideon v. Wainright, and Miranda v.Arizona all expanded

1. integration of public facilities2. rights of the accused3. presidential powers4. equality in the workplace


Explanation:


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The police enter an individuals home without invitation or a warrant and seizeevidence to be used against the individual. Which Supreme Court decision may be

used to rule this evidence inadmissible in court?

1. Baker v. Carr2. Gideon v. Wainwright3. Mapp v. Ohio4. Roe v. Wade


Explanation:


The Supreme Court decisions in Gideon v. Wainwright (1963) and Miranda v.Arizona (1966) have been criticized because these rulings

1. expanded the rights of the accused2. granted more powers to federal judges3. lengthened prison sentences for the guilty4. reinstated the use of capital punishment


Explanation:


The case of John Peter Zenger (1735) and New York Times Co. v. United States(1971) both involved a governments attempt to limit

1. freedom of religion2. freedom of the press3. the right to bear arms4. the right to counsel


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Explanation:


The Supreme Court cases of Tinker v. Des Moines and New Jersey v. TLO involvedthe issue of

1. freedom of the press2. the rights of students in school3. freedom of religion4. the rights of prison inmates


Explanation:


The decisions of the United States Supreme Court in Tinker v. Des Moines and NewYork Times Co. v. United States were based on interpretations of the

1. meaning of a republican form of government2. powers delegated specifically to Congress3. presidents right to executive privilege4. rights guaranteed by the 1st amendment


Explanation:


The Supreme Court decision in Roe v. Wade (1973) was based on the constitutionalprinciple of

1. protection of property rights


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2. freedom of speech3. right to privacy4. freedom of religion


Explanation:


The Supreme Court decisions in New York Times Co. v. United States (1971) andUnited States v. Nixon (1974) reinforced the principle that the president of the UnitedStates

1. has unlimited use of the veto power2. is protected from unfair media criticism3. may not be convicted of a crime4. is not above the law


Explanation:


We conclude that in the fieldof public education the doctrineof separate but equal has noplace. Separate educationalfacilities are inherentlyunequal.

Brown v. Board of Education(1954)


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Which constitutional idea was the basis for this Supreme Court decision?

1. protection against double jeopardy2. equal protection of the law3. freedom of speech4. right of assembly


Explanation:


In the 1960s, Supreme Court decisions in the cases Miranda v. Arizona and Gideon v.Wainwright specifically protected the rights of

1. the accused2. women3. military veterans4. persons with disabilities


Explanation:


The Jim Crow legal system, which expanded in the South after Plessy v. Ferguson(1896), was based on the Supreme Courts interpretation of the

1. due process clause of the 5th Amendment2. states rights provision of the 10th Amendment3. equal protection clause in the 14th Amendment4. voting rights provision in the 15th Amendment


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Explanation:


We conclude that in thefield of public education,

the doctrine of separatebut equal has no place.Separate educationalfacilities are inherentlyunequal. . . .

Chief Justice Earl Warren, Brown

v. Board of Education of Topeka

This quotation illustrates the Supreme Courts power to

1. uphold previous decisions2. overrule state laws3. check the powers of the executive branch4. provide for educational funding


Explanation:


In Plessy v. Ferguson (1896), the Supreme Court ruled that


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1. states may not secede from the Union2. racial segregation was constitutional3. slaves are property and may not be taken from their owners

4. all western territories should be open to slavery


Explanation:


Which headline illustrates the use of judicial review?

1. Congress Passes a Civil Rights Bill2. Conference Committee Meets to Finalize Budget3. New York States Reapportionment Plan Ruled Unconstitutional4. President Signs SALT Agreement with Russia


Explanation:


The Supreme Court decision in Schenck v. United States (1919) stated that

1. immigrants have limited rights2. freedom of speech is not absolute3. rights of the accused may not be limited4. women should be granted suffrage


Explanation:


The cartoonist is commenting on public reaction to the Supreme Court decision that


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1. restricted attendance in churches2. mandated home-based prayer3. declared school-sponsored prayer unconstitutional4. banned public observance of religious holidays


Explanation:


In Gideon v. Wainwright (1963) and Miranda v. Arizona (1966), the Supreme Courtruled that persons convicted of crimes had been

1. denied due process of law2. denied a speedy and public trial3. victimized by illegal search and seizure4. sentenced to cruel and unusual punishment


Explanation:


The Supreme Court ruling in Dred Scott v. Sanford (1857) helped to increasesectional conflict because the decision

1. denied Congress the power to regulate slavery in the territories

2. allowed for the importation of enslaved persons for ten years3. prohibited slavery in lands west of the Mississippi River4. gave full citizenship to all enslaved persons


Explanation: The Dred Scott decision invalidated the Missouri Compromise of 1820


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by affirming the status of property to slaves no matter what part of the nation (slaveor free) they were taken to. This essentially denied Congress any power to regulateslavery in the growing western territories and enflamed already growing tensions

over the slavery that would soon ignite the Civil War.


The Supreme Court cases of Gideon v. Wainwright (1963) and Miranda v. Arizona(1966) dealt with the constitutional principle of

1. freedom of religion2. freedom from unreasonable search3. separation of powers4. rights of the accused


Explanation:


Many of the decisions made by the Supreme Court while John Marshall was ChiefJustice led directly to

1. a reduction of federal influence in economic affairs2. an increase in the power of the federal government over the states3. a greater role for Congress in foreign policy4. a limitation on slavery in the states


Explanation:


In Schenck v. United States (1919), the Supreme Court decided that a clear andpresent danger to the country allowed the federal government to


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1. establish a peacetime draft2. restrict first amendment rights3. suspend habeas corpus

4. limit minority voting rights


Explanation:


One similarity between the laws being challenged in the United StatesSupreme Court cases of Plessy v. Ferguson (1896) and Korematsu v.United States (1944) is that

1. specific groups of people were being targeted based on race orethnicity

2. state laws were declared unconstitutional3. immigrants were relocated to prison camps4. federal laws segregating public transportation were upheld


Explanation:

Regents Prep: U.S. History & Government

Multiple-Choice Questions|Thematic Review | Multiple-Choice|Essays | Resources| Exam Overview|Old Exams |Study

Materials|

Use of Topical Archive Multiple-Choice Questions

Teachers: Feel free to copy and paste any of themultiple-choice questions below for use increating your own Regents-style assessments.

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Formation of Government: Question 1 of 161

In the 1780s, mqany Americans distrusted a strong central government. This distrustis best shown by the

1. lack of debate over the ratification of the United States Constitution2. plan of government set up by the Articles of Confederation3. development of a Federal court system4. constitutional provision for a strong President


Explanation: Colonists had fought a bitter war in order to achieve theirindependence from an oppressive British government. Therefore, the Articles ofConfederation were drafted in order to ensure that a strong central government wouldnot be a problem.


"We hold these truths to be self-evident: That all men are created equal; that they areendowed by their creator with certain unalienable rights; that among these are life,liberty, and the pursuit of happiness; . . ."

This quotation is evidence that some of the basic ideas in the Declaration ofIndependence were

1. limitations of the principles underlying most European governments of the1700s.

2. adaptations of the laws of Spanish colonial governments in North America.3. adoptions of rules used by the Holy Roman Empire.4. reflections of the philosophies of the European Enlightenment.


Explanation: Enlightenment thinker John Locke stated in his Two Treatises, thatpeople had natural right including life, liberty, and property. This philosophy wasadopted by Jefferson and incorporated into his writing of the Declaration of
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Independence.


The authors of the United States Constitution believed that the voice of the peopleshould be heard frequently. Which part of the Government was instituted to respondmost directly to the will of the people?

1. Senate2. House of Representatives3. Supreme Court4. Presidency


Explanation: Prior to the passage of the 17th Amendment in 1913, which providedfor direct election of U.S. Senators, members of the House of Representatives werethe only Federal officials that were voted into office by a popular vote of the people.Before 1913, U.S. Senators were elected by state legislatures. The President has beenelected to office through the Electoral College since 1789.


In the United States, the use of implied powers, the amending process, and SupremeCourt interpretations have resulted in

1. a general loss of individual rights2. a strengthening of the principle of separation of powers3. the Constitution being adapted to fit changing times4. the limiting of Presidential power in domestic affairs


Explanation: Implied powers are roles and abilities allowed the federal government,but that are not actually addressed in the Constitution (an example would be theregulation of monopolies). Amending the Constitution involves adding to orchanging what is in the document. The Supreme Court looks at the spirit of the lawand decides if an action or law is allowable under the Constitution. All of these havecreated a living document that is capable of changing over time to better fit theneeds of the US people.


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Which quotation from the United States Constitution provides for a Federal system of

government?

1. He shall have power . . . with the advice and consent of the Senate, . . .and . . . shall appoint . . .

2. Every bill . . . shall, before it becomes a law, be presented to the President ofthe United States; . . ."

3. The powers not delegated to the United States . . . are reserved to thestates . . .

4. Full faith and credit shall be given in each state to the public acts, records,and judicial proceedings of every other state.


Explanation: Federalism is the division of power various levels of government. Inthis case the division is between the federal and state levels. The Constitutionprovides specific powers to each level, creating a federal system.


The system of checks and balances is best illustrated by the power of

1. the President to veto a bill passed by Congress2. Congress to censure one of its members3. a governor to send the National Guard to stop a riot4. state and Federal gov-ernments to levy and collect taxes


Explanation: Checking and balancing involves the ability of each of the threebranches of government to regulate and monitor the power of the others. In this casethe ability to veto a law ensures that the legislative branch is not passing laws the go

beyond their duties or powers. The president can check their actions by rejectingthe legislation.



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Which Presidential action is an example of the unwritten constitution?

1. appointing Justices to the Supreme Court2. granting pardons for Federal crimes

3. submitting a treaty to the Senate for ratification4. consulting with the Cabinet


Explanation: The unwritten Constitution has come about through custom and usageover the past 200+ years. It implies that there are ideas; actions and concepts that arenot actually in the Constitution itself, but that have arisen as a natural extension of itsuse. The cabinet is not directly addressed in the document, but has arisen over time asa means of advising the president.


A lasting impact of the United States Supreme Court under Chief Justice JohnMarshall is that the Courts decisions

1. extended the Bill of Rights to enslaved persons2. expanded the power of the Federal Government3. restricted the authority of Congress4. promoted the views of the President


Explanation: The Marshall Court made decisions that served to expand federalpower. The ruling in Marbury v. Madison (1803) established the courts power tostrike down laws as unconstitutional (judicial review). The ruling in McCulloch v.Maryland(1819) established federal supremacy in economic matters. Both of theseworked to expand the scope and reach of the US federal government and ensure itssupremacy over state governments.


The major role of political parties in the United States is to

1. protect the American public from corrupt public officials2. insure that free and honest elections are held3. nominate candidates for public office and conduct campaigns


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4. meet constitutional requirements for choosing the President


Explanation: Political parties serve as the mechanisms for selecting and promotingcandidates for public office. Modern political parties have evolved over time andwere not originally seen or addressed in the drafting of the Constitution. As such, alllaws and rules regulating their actions have grown from the unwritten Constitution.


Adherence to a strict interpretation of the Constitution would have preventedPresident Thomas Jefferson from

1. making the Louisiana Purchase2. writing State of the Union messages3. receiving ambassadors4. commissioning military officers


Explanation: It is not within the power of the president to spend monies without theapproval of the House (in which all spending bills arise). It also not within thepresidents powers to negotiate the expansion of the US (that would fall to theCongress). When Jefferson negotiated the Louisiana Purchase (1803), he wasstretching the boundaries of the Constitution (a concept he personally opposed).The ability to stretch the Constitution implies a loose interpretation of theConstitutions intent. A strict interpretation allows for only what is actually in theConstitution with no interpretations.


Which factor has made the strongest contribution to the development of religiousfreedom in the United States?

1. Most citizens have shared the same religious beliefs.2. Religious groups have remained politically unified.3. School prayer has been ruled constitutional by the Supreme Court.4. Guarantees in the Constitution have encouraged religious expression and

toleration.


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Explanation: The separation of Church and State is clearly delineated in the US

Constitution. The government is expressly barred from state sponsored religionsrequirements or creating an official religion of the nation. This safeguard hasserved to preserve religious expression and tolerance in the nation.


Which phrase from the Declaration of Independence most clearly reflects the ideathat the people are the source of government?

1. . . . that all men are created equal,...2. . .. all men are . . . endowed by their Creator with certain unalienable rights3. . . . deriving their just powers from the consent of the governed. . .4. . . . governments long established should not be changed for light and

transient causes . . .


Explanation: The consent of the governed is an idea born of the enlightenment andthe writings of John Locke. This is the idea that a government gains its power via thewillingness of the people to support it. The US system expresses this notion byholding elections in which the people (the governed) select their representatives togovern (there by giving consent).


One way in which the United States Constitution differed from the Articles ofConfederation was that the Constitution

1. created a national government having three branches2. provided for the direct election of the President by the voters3. made the amendment process more difficult4. increased the powers of the states


Explanation: The US Constitution attempted to address the failing of the Articles ofConfederation by creating a 3 branched government with checks and balances. This


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replaced the one branch federal government of the Articles of Confederation, andalso increased the power of the federal government and its superiority over thegovernments of the individual states.


At the Constitutional Convention of 1787, delegates from the small states moststrongly supported the idea of

1. establishing a strong national executive2. levying taxes on exports3. popular election of Senators4. equal representation for the states in the national legislature


Explanation: Smaller states such as New Jersey feared domination of the nationalgov

presidential decisions

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