AnswersPrinciples of American DemocracyBranches of Government: Judicial Interpretation of the Constitution

Branches of Government: Judicial Interpretation of the Constitution — Test Answers

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1
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What was the purpose of the Judiciary Act of 1789?

A
It created a federal court system.
B
It created the judicial branch.
C
It created the state court system.
D
It created the Supreme Court.
2
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The sixth and eighth amendments reflect the purpose of the Bill of Rights to

A
protect the rights of citizens.
B
describe the separation of powers.
C
assert the authority of the federal government.
D
outline the federal system.
3

Why would the right to privacy implied in the Ninth Amendment not protect an individual writing a blog?

A
The writer may express dangerous ideas.
B
The information may be unreliable or untruthful.
C
The writer may be hiding behind a false identity.
D
The information is freely given to others.
4

In the case Roe v. Wade , the Supreme Court ruled that state laws

A
violated the Second Amendment.
B
violated the right to privacy.
C
were protected by federal laws.
D
were protected by the Ninth Amendment.
5

The First Amendment guarantees

A
religious freedom.
B
the right to a fair trial.
C
due process of law.
D
the right to bear arms.
6

The selection of federal justices by the executive branch is an example of

A
original jurisdiction.
B
appellate jurisdiction.
C
advice and consent.
D
checks and balances.
7

The Sixth Amendment ensures a citizen’s right to

A
vote.
B
bear arms.
C
worship freely.
D
have a fair trial.
8

The establishment clause would prevent

A
a citizen from placing a religious scene in a business
B
a church from being built in a Jewish area
C
the mayor’s office from displaying a cross
D
the president from having a Christmas party at home
9

The Constitution gives Congress the power to create federal courts

A
lower than the Supreme Court.
B
equal to the Supreme Court.
C
higher than the Supreme Court.
D
unaffected by the Supreme Court.
10

Read the excerpt from Marbury v. Madison . If two laws conflict with each other, the Court must decide on the operation of each. . . . [T]he Constitution . . . must govern the case to which they both apply. The excerpt describes

A
the system of checks and balances.
B
the principle of judicial review.
C
the limitations of the Supreme Court’s power.
D
the balance of power between branches.
12

If a person has a right that is stated in the Constitution, that person has

A
only those limited rights.
B
other rights that are not mentioned.
C
some rights that should be confirmed by law.
D
more rights than the average person.
13

Which of these statements accurately describes the Fifth Amendment?

A
The police may not question citizens immediately if public safety is at risk.
B
A search warrant based on probable cause is required.
C
Searches and seizures must be reasonable.
D
All citizens are entitled to due process.
14

Why was James Madison sued, resulting in Marbury v. Madison ?

A
He wrote an article about Marbury in the newspaper, which hurt his career as a federal judge.
B
He reduced the number of federal judges in the district, preventing Marbury from getting a job.
C
He disagreed with Marbury politically, and withdrew a job offer he had made.
D
He refused to honor an appointment made by a previous presidential administration.
15

What is symbolic speech?

A
an idea or opinion expressed through comparison to something else
B
the act of peaceful protest
C
the publication of an article despite prior restraint
D
an action that expresses an idea or opinion
16

A key element of the Fourth Amendment is that searches and seizures must be conducted

A
only if a serious crime has been committed.
B
based on reasonable belief that a crime has been committed.
C
with compassion and support.
D
using a practical and organized method.
17

The final authority on legal questions in the United States is

A
the vice president.
B
the president.
C
the Supreme Court
D
the Senate.
18

Why did William Marbury most likely support the Judiciary Act of 1789?

A
It limited the Constitution’s power to affect Marbury’s case.
B
It allowed Marbury to take his case to the Supreme Court.
C
It overruled James Madison and confirmed Marbury’s appointment.
D
It said that James Madison’s actions were unconstitutional.
19

"We, therefore, conclude that the right of personal privacy includes the abortion decision, but that right is not unqualified, and must be considered against important state interests in regulation." Which best states Justice Harry Blackmun’s position in Roe v. Wade ?

A
The government is able to deny certain rights on a situational basis.
B
The welfare of the state is more important than personal privacy.
C
The right to privacy has certain limits that must be recognized.
D
The government is permitted to regulate rights according to law.
20

The events surrounding Tinker v. Des Moines involved a school. Which statement best explains why the Supreme Court ruled in the students’ favor?

A
The protest was an act of civil disobedience.
B
The events involved symbolic speech without disruption.
C
The events involved controversial issues.
D
The First Amendment always applies to issues of speech.

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