Deck 13: The Remaining Amendments and a Return to the Constitution

Question 1

The Thirteenth Amendment:

A) overturned the Dred Scott decision and prohibits slavery.
B) outlines the structure of the federal judiciary.
C) established the way that representatives are apportioned and the qualifications of representatives.
D) prohibited the sale and purchase of intoxicating liquors.

Answer 1

A

Question 2

The federal income tax was established in the:

A) Thirteenth Amendment.
B) Sixteenth Amendment.
C) Seventeenth Amendment.
D) Eighteenth Amendment.

Answer 2

B

Question 3

Selective incorporation is:

A) incapable of precise constitutional definition.
B) the concept used to apply certain amendments to state government.
C) outlined in the Thirteenth Amendment.
D) the means by which the Constitution applies to the states.

Answer 3

B

Question 4

In which case did the Supreme Court uphold the Fair Labor Standards Act of 1938?

A) United States v. Darby
B) Bowers v. Hardwick
C) Olmstead v. United States
D) Gideon v. Wainwright

Question 5

The Fourteenth Amendment:

A) guarantees equal protection of the laws.
B) abolished slavery.
C) allows for free travel throughout the nation.
D) granted the right to vote to free male slaves.

Question 6

The United States Supreme Court struck down the portion of the Brady Bill that compelled local law enforcement to perform background checks on handgun applicants, holding that the requirement violated:

A) the right to privacy
B) the principle of separate state sovereignty.
C) the commerce clause.
D) the Fourth Amendment.

Question 7

Which Amendment has been used by the Supreme Court to infer the right to privacy?

A) the Third Amendment
B) the Seventh Amendment
C) the Ninth Amendment
D) the Tenth Amendment

Question 8

Which Amendment was designed in response to fear of a national government with too much power, which was, at the time, considered to be the greatest threat to liberty?

A) the Third Amendment
B) the Tenth Amendment
C) the Twelfth Amendment
D) the Fourteenth Amendment

Question 9

The concept of balanced government was so important to all the states recommending a Bill of Rights that the only Amendment they agreed upon was the:

A) Third Amendment.
B) Seventh Amendment.
C) Ninth Amendment.
D) Tenth Amendment.

Question 10

The Constitution gives Congress the power to make laws to carry out its enumerated powers through the:

A) supremacy clause.
B) federal powers doctrine
C) necessary and proper clause.
D) due diligence doctrine.

Question 11

Some argue that judges are reluctant to use which Amendment because its language is vague, never defining what specific rights are protected?

A) the Ninth Amendment
B) the Tenth Amendment
C) the Eleventh Amendment
D) the Twelfth Amendment

Question 12

Which amendment repealed the Eighteenth Amendment of Prohibition?

A) the Nineteenth Amendment
B) the Twentieth Amendment
C) the Twenty-First Amendment
D) the Twenty-Second Amendment

Question 13

Which Amendment allowed African American males the right to vote?

A) the Fifteenth Amendment
B) the Nineteenth Amendment
C) the Twenty-First Amendment
D) the Twenty-Second Amendment

Question 14

The Ninth Amendment deals with the concept of:

A) due process.
B) federalism.
C) the enumeration of certain rights.
D) suits at common law.

Question 15

The powers of the national government, both enumerated and implied, are known as the:

A) delegated powers.
B) reserve powers.
C) primary powers
D) reverse powers.

Question 16

The Supreme Court held that Congress had the authority to establish a national bank in:

A) United States v. Darby.
B) Bowers v. Hardwick.
C) Olmstead v. United States.
D) McCulloch v. Maryland.

Question 17

The Third Amendment:

A) addresses suits at common law.
B) deals with lawsuits exceeding $20.
C) prohibits the quartering of soldiers in homes during times of peace.
D) has been challenged numerous times throughout the history of America.

Question 18

Who opposed an enumerated Bill of Rights?

A) George Washington
B) James Madison
C) Thomas Jefferson
D) Arthur I. Boreman

Question 19

Which Amendment has never been subjected to Supreme Court review?

A) the Third Amendment
B) the Seventh Amendment
C) the Ninth Amendment
D) the Tenth Amendment

Question 20

Which Amendment lowered the voting age to 18?

A) the Nineteenth Amendment (1920)
B) the Twenty-Second Amendment (1951)
C) the Twenty-Sixth Amendment (1971)
D) the Twenty-Seventh Amendment (1992)

Question 21

In Thomas v. Union Carbide (1985), the Court held that there was no right to a jury trial when Congress had created other administrative remedies.

Question 22

The Seventh Amendment provides the right to adequate counsel in a court of law.

Question 23

The U.S. Constitution established a federal system to preserve the existing state governments, while creating a new national government strong enough to deal with the country's problems.

Question 24

Tenth Amendment has been referred to, on occasion, as the forgotten amendment in the Bill of Rights, because it is seldom used as a basis for Supreme Court decisions.

Question 25

The Necessary and Proper Clause has become the basis for the implied powers of Congress.

Question 26

The Ninth Amendment highlights the founders' belief that government's powers are limited by the rights of the people, not the other way around.

Question 27

The Third Amendment dates back to colonial times, when England expected the citizenry to feed and shelter British soldiers.

Question 28

Although the Constitution recognizes both the power of the states and the power of the federal government, it contains the Supremacy Clause in Article 6, which states that the Constitution of the United States is "the supreme law of the land."

Question 29

The first state to pass a victims' rights constitutional amendment was:

A) West Virginia.
B) Ohio.
C) Florida.
D) California.

Question 30

The concept behind the Tenth Amendment was important enough that it was the only Amendment agreed on by all the states recommending a Bill of Rights.

Question 31

Unlike the other Amendments, the Tenth Amendment clearly states and ensures specific individual rights.

Question 32

Although the Third Amendment has never been subjected to Supreme Court review, it holds historical relevance and stands for the general principle that government is to leave people alone without compelling cause.

Question 33

What article addresses the process for amending the Constitution?

A) Article One
B) Article Three
C) Article Five
D) Article Seven

Question 34

What was the significance of the Nineteenth Amendment to the Constitution?

A) It gave African American men the right to vote.
B) It repealed the Eighteenth Amendment of Prohibition.
C) It gave women the right to vote.
D) It established the first victim rights legislation in the United States.

Question 35

When Congress enacted the Gun-Free School Zones Act of 1990, a person knowingly possessing a firearm in an area the person knows to be a school zone was made a federal offense

Question 36

The Ninth Amendment has generated significant controversy and much scholarly debate as to what the framers meant and intended with this amendment.

Question 37

With the exception of specific instances in which Congress specified a seven-year limit, all other Amendments become inoperative unless they are ratified within how many years of the proposal?

A) one year
B) three years
C) four years
D) Congress does not need to stipulate a time limit.

Question 38

The Supreme Court and others have acknowledged that Seventh Amendment analysis is mostly historical.

Question 39

While additional Amendments exist, the Bill of Rights laid a foundation for individual freedoms, and these freedoms stop with the Tenth Amendment.

Question 40

Which Amendment requires that the right to vote shall not be denied or abridged because of race, color, or previous condition of servitude?

A) the Fifteenth Amendment
B) the Seventeenth Amendment
C) the Nineteenth Amendment
D) the Twentieth Amendment

Question 41

In 1819, in the case of _________________, the Court made its strongest assertion of the government's broad national power when it held that Congress had the authority to establish a national bank pursuant to the Necessary and Proper Clause of Article I, Section 8 of the Constitution.

Question 42

In ex parte Young (1908), the Court held that a state cannot act unconstitutionally, but a state official (as an individual) can act unconstitutionally.

Question 43

The Twelfth Amendment (1804) established the electoral system by which the president and the vice-president are chosen.

Question 44

The powers of the national government, both enumerated and implied, are known as the _____________.

Question 45

__________________ are legal controversies arising out of civil law rather than criminal law.

Question 46

The ____________ Amendment established that the rights of U.S. citizens extend beyond those listed in the Constitution.

Question 47

The Fourteenth Amendment (1868) established the way that representatives are apportioned and the qualifications of representatives

Question 48

The _____________ Amendment establishes the right to a federal jury trial for all suits at common law if the value is more than $20.

Question 49

In England in the late 18^th century, a court of _____________ handled suits in which something else was sought, such as specific performance or an injunction.

Question 50

The ____________________ Clause is the final provision (Clause 18) of Article 1, Section 8, which is the part of the Constitution dealing with the powers of Congress.

Question 51

The Constitution has included an __________________, stating that Congress has the power to make all laws necessary and proper to carry out its enumerated powers.

Question 52

The __________________ Amendment prohibits housing soldiers in private homes during peacetime without the owner's consent and during wartime without legal process.

Question 53

Powers retained by the states are referred to as _____________________.

Question 54

The crucial issue of _________________ was addressed in United States v. Lopez (1995).

Question 55

The _______________ Amendment deals with the extent of the judicial power of the United States.

Question 56

The _________________ Amendment embodies the principle of federalism, reserving for the states those powers not granted to the federal government or withheld from the states.

Question 57

The Fourteenth Amendment includes the Due Process Clause.

Question 58

The Seventh Amendment addresses the circumstances in which an individual (not the government or a criminal defendant) is entitled to a ________________ jury trial.

Question 59

The Twelfth Amendment is the only Amendment that deals with the judicial power of the federal government.

Question 60

The significance of the Thirteenth Amendment is found is its ability to _________________.

Question 61

The Eighteenth Amendment, passed in 1919, prohibited the sale and purchase of intoxicating liquors. The Twenty-First Amendment was ratified in 1933 and repealed the Eighteenth Amendment (Prohibition). Use this example to discuss the pros and cons associated with the constitutional amendment process.

Question 62

The Thirteenth Amendment overturned the Supreme Court's _______________ decision of 1857.

Question 63

Explain the process by which the United States Constitution can be amended. Are there any flaws to this process, in your view? How would you correct such flaws?

Question 64

The Twenty-Second Amendment restricts the length of presidency to two terms. The only president to serve more than two terms was Franklin Delano Roosevelt, who died shortly after beginning his fourth term in 1945. What are the pros and cons associated with this Amendment?

Question 65

The _________________ Amendment (1913) describes how the U.S. Senate is to be composed, the qualifications required, and the way that vacancies are to be filled.

Question 66

Of the Third, Seventh, Ninth, and Tenth Amendments to the Constitution, which do you feel is the most important? Why?

Question 67

Discuss the progression and impact of Amendments relating to voting.

Question 68

Of the 27 Amendments currently in existence, all have been proposed by Congress, none by a ____________________.

Question 69

The __________________ Amendment (1933) established that the terms of the president and the vice-president end at noon on the 20th day of January.

Question 70

Discuss Prohibition, including its origin and demise, and what occurred in between.

Question 71

Discuss the concept of federalism and how it is embodied in the Tenth Amendment.

Question 72

The Equal Rights Amendment (ERA) was first proposed as an amendment to the United States Constitution in 1923 and was designed to guarantee equal rights for women. In 1972, it passed both houses of Congress and was sent to the state legislatures for ratification. The ERA was ratified by 35 states, but was unable to garner the mandatory three additional states by the deadline in 1982. Do you think that such an amendment would pass today? Why or why not?

Question 73

Explain the significance of the Ninth Amendment relative to federal power.

Question 74

Discuss the significance of the Seventh Amendment.

Question 75

The Twenty-Second Amendment (1951) restricted the duration of presidency to ________________ terms.