Deck 8: Constitutions and Constitutional Design

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Question
What is a constitutional system that disperses some powers in states or provinces called?

A) A republic
B) A unitary state
C) A federal state
D) A constitutional state
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Question
Which of the following societies has a federal system?

A) The United States
B) Brazil
C) China
D) All of the above
Question
Which of the following is untrue of constitutions?

A) Constitutions are generally written.
B) Constitutions establish the basis of a political system.
C) Constitutions are "social contracts."
D) Constitutions are static.
Question
The structures and organizations that shape political behavior are called:

A) Legislatures
B) Constituencies
C) Institutions
D) Branches
Question
Constitutionalism is another term for:

A) Federalism
B) Democratic legislation
C) Rule of Law
D) Limited government
Question
In most cases, how are constitutions changed?

A) Through a process of public referendum
B) Through a process of amendment
C) Through a process of constitutional design
D) Constitutions do not change
Question
The written form of the fundamental and supreme laws establishing the basis of a political system and its laws is known as a:

A) Constitution
B) Magna Carta
C) The Settlements Act
D) The Bill of Rights of 1689
Question
What is federalism?

A) The separation of powers among different levels of government in a country
B) The system of checks and balances between the executive and the legislative branches
C) The system of government in which the central government is predominant
D) The concentration of powers in the executive branch
Question
Which U.S. president stated, "The question of the relation of the states to the federal government is the cardinal question of our constitutional systems"?

A) Calvin Coolidge
B) Theodore Roosevelt
C) Franklin Delano Roosevelt
D) Woodrow Wilson
Question
Unlike federalism, unitarism refers to:

A) Multiple levels in government having some degree of autonomy
B) The institutions and branches of the central government maintaining sovereignty
C) A lack of separation between church and state
D) Unification of decision making in a single branch of government
Question
Judicial review refers to:

A) The authority for a judge to rule which laws are or are not consistent with a constitution
B) The ability for a circuit-level judge to appoint district-level judges
C) The right that a judge has to ignore precedent in their rulings
D) The law that allows a judge to choose which cases their court will hear
Question
The establishment of three branches of government in the United States is an example of:

A) Executive privileges
B) Separation of powers
C) Federalism
D) Democratic governance
Question
The Magna Carta of 1215, the Bill of Rights of 1689, and the Acts of Settlement of 1701 all have constitutional significance in which country?

A) New Zealand
B) United States of America
C) United Kingdom
D) France
Question
The Supreme Court of the United States

A) Is the final arbiter of constitutional law
B) Exercises the political check of judicial review
C) Justices are appointed by the president and approved by the Senate
D) All of the above
Question
Which of the following is not true of the Brazilian and South African constitutions?

A) Both are extensive, with each containing over two hundred articles
B) Both include dispensations about the division of powers between levels of government
C) Both empower supreme or high courts with a power of judicial review on constitutional issues
D) Both created parliamentary systems of government
Question
To what does parliamentary sovereignty refer?

A) The legislating body is the highest political and legal authority in the land.
B) The members of parliament are elected for life.
C) The upper house or chamber is more powerful than that which represents proportionally.
D) All of the above
Question
Why might parliamentary sovereignty be a risky system?

A) The parliament members are appointed, not elected.
B) The parliament has total control over the budget.
C) The parliament determines constitutionality of its own actions.
D) It would not be risky.
Question
Who wrote The Federalist Papers?

A) Alexander Hamilton, James Madison, and John Jay
B) William Connelly, James Madison, and Thomas Jefferson
C) Benjamin Franklin, Thomas Jefferson, and Alexander Hamilton
D) Franklin Pierce, William Riker, and John Jay
Question
Which of the following would not be considered a federal country?

A) India
B) United States
C) France
D) Germany
Question
According to the text, why might an authoritarian regime draft a constitution?

A) As a means to establish more governmental legitimacy
B) The United Nations requires a written constitution of all member-states.
C) A constitution would be a means to begin the process of democratization.
D) It would not.
Question
Law based on the Holy Book of Islam is known as:

A) Martial law
B) Shiite law
C) Talmudic law
D) Sharia law
Question
A system of government in which constitutional law is combined with the recognition of an official state religion and some use of religious beliefs or texts as foundation for law is known as:

A) Religiosity
B) Faith-centric politics
C) Religious indoctrination
D) Theocracy
Question
According to the text, why might religious law create tension in a country?

A) Citizens who are not of that religion are still subject to its laws.
B) The separation of church and state is necessary for development.
C) Religious law restricts enterprise and economic growth.
D) The predominant religion in a country can change with a change in demographics.
Question
Which of the following is not a potential negative effect of federalism?

A) Differences in regional development
B) Increase in ethnic tensions
C) Unifies a disparate polity
D) Increase in regionalism
Question
Which of the following political arguments would draw most directly on the principles of federalism?

A) Abortion should be illegal under federal law.
B) States should determine the legality of abortion within their own borders.
C) Abortion should be legal under federal law in all states.
D) Abortion should be illegal under religious law.
Question
According to the text, federalism has significantly influenced differences in regional and state development in which of the following countries?

A) Italy
B) Israel
C) India
D) China
Question
Who developed the decentralization theorem?

A) William Wallace
B) Wallace Oates
C) Daryl Hall
D) John Oates
Question
The idea that unelected judges and justices might "legislate from the bench" refers most directly to which of the following concerns:

A) Judicial politicking
B) Judicial sovereignty
C) Judicial review
D) Judicial activism
Question
What would be an example of a check on the legislative branch by the judicial branch?

A) Judicial politicking
B) Judicial sovereignty
C) Judicial review
D) Judicial activism
Question
Which scholar described the concept of juristocracy?

A) Ran Hirschl
B) Viktor Frankl
C) Alfred Stepan
D) Louis Brandeis
Question
Arguing how "other institutions" operate within federal systems, such as how political parties are structured, is the substance of the scholarship of:

A) Riker
B) Hirschl
C) Stepan
D) Rodden and Wibbels
Question
Both Riker and Stepan offer analyses of this:

A) constitutionalism
B) Unitary systems
C) The emergence of federal systems
D) Judicial activism
Question
What is distinctive about the British constitution? Comment with specific reference to how the British constitution can be changed.
Question
Identify three areas where federalism may lead to different outcomes than unitarism.
Question
What is the principle of constitutionalism, and to what extent does it relate specifically to the existence of a constitution?
Question
When an authoritarian regime replaces a democratic regime, in what ways might it handle the preexisting constitution?
Question
What is the principle of parliamentary sovereignty and how does it relate to the judicial branch?
Question
Define federalism and offer at least one characteristic that allows observers to distinguish a federal state from a unitary state.
Question
Name one federal country on each the following continents: North America, South America, Europe, Asia, Africa, and Oceania.
Question
What did William Riker believe to be the cause or origin of federal government, and what did Alfred Stepan note in response to Riker?
Question
Are constitutions compatible with religious law, and why or why not?
Question
Describe the logic through which decentralized government can lead to improved governance.
Question
Identify several of the main features and purposes of constitutions.
Question
Explain the meaning of the phrase judicial review.
Question
Under what conditions might federalism be detrimental to an economy?
Question
Summarize the argument of Towards Juristocracy, by Ran Hirschl.
Question
Since constitutions typically make references to all branches of government-including executives and legislatures-why are judiciaries of particular importance for inclusion in a discussion of constitutions?
Question
What are the main causes of climate change and how can they be addressed?
Question
Discuss the relative advantages and disadvantages of written and unwritten constitutions.
Question
According to scholars, what are the major advantages of federal systems? What, if any, are the disadvantages? Should all polities adopt federalism? Why or why not?
Question
What variables can account for the origins of federalism? Under what conditions might you expect a country today to move towards federalism, and why?
Question
Discuss the difference, if any, between judicial review and judicial activism
Question
Discuss how two major features of constitutional design-federalism/unitarism and judicial review-can have substantial impacts on individual rights. Use hypothetical or real-world empirical examples to illustrate your argument.
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Deck 8: Constitutions and Constitutional Design
1
What is a constitutional system that disperses some powers in states or provinces called?

A) A republic
B) A unitary state
C) A federal state
D) A constitutional state
C
2
Which of the following societies has a federal system?

A) The United States
B) Brazil
C) China
D) All of the above
D
3
Which of the following is untrue of constitutions?

A) Constitutions are generally written.
B) Constitutions establish the basis of a political system.
C) Constitutions are "social contracts."
D) Constitutions are static.
D
4
The structures and organizations that shape political behavior are called:

A) Legislatures
B) Constituencies
C) Institutions
D) Branches
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
5
Constitutionalism is another term for:

A) Federalism
B) Democratic legislation
C) Rule of Law
D) Limited government
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
6
In most cases, how are constitutions changed?

A) Through a process of public referendum
B) Through a process of amendment
C) Through a process of constitutional design
D) Constitutions do not change
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
7
The written form of the fundamental and supreme laws establishing the basis of a political system and its laws is known as a:

A) Constitution
B) Magna Carta
C) The Settlements Act
D) The Bill of Rights of 1689
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
8
What is federalism?

A) The separation of powers among different levels of government in a country
B) The system of checks and balances between the executive and the legislative branches
C) The system of government in which the central government is predominant
D) The concentration of powers in the executive branch
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
9
Which U.S. president stated, "The question of the relation of the states to the federal government is the cardinal question of our constitutional systems"?

A) Calvin Coolidge
B) Theodore Roosevelt
C) Franklin Delano Roosevelt
D) Woodrow Wilson
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
10
Unlike federalism, unitarism refers to:

A) Multiple levels in government having some degree of autonomy
B) The institutions and branches of the central government maintaining sovereignty
C) A lack of separation between church and state
D) Unification of decision making in a single branch of government
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
11
Judicial review refers to:

A) The authority for a judge to rule which laws are or are not consistent with a constitution
B) The ability for a circuit-level judge to appoint district-level judges
C) The right that a judge has to ignore precedent in their rulings
D) The law that allows a judge to choose which cases their court will hear
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
12
The establishment of three branches of government in the United States is an example of:

A) Executive privileges
B) Separation of powers
C) Federalism
D) Democratic governance
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
13
The Magna Carta of 1215, the Bill of Rights of 1689, and the Acts of Settlement of 1701 all have constitutional significance in which country?

A) New Zealand
B) United States of America
C) United Kingdom
D) France
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
14
The Supreme Court of the United States

A) Is the final arbiter of constitutional law
B) Exercises the political check of judicial review
C) Justices are appointed by the president and approved by the Senate
D) All of the above
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
15
Which of the following is not true of the Brazilian and South African constitutions?

A) Both are extensive, with each containing over two hundred articles
B) Both include dispensations about the division of powers between levels of government
C) Both empower supreme or high courts with a power of judicial review on constitutional issues
D) Both created parliamentary systems of government
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
16
To what does parliamentary sovereignty refer?

A) The legislating body is the highest political and legal authority in the land.
B) The members of parliament are elected for life.
C) The upper house or chamber is more powerful than that which represents proportionally.
D) All of the above
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
17
Why might parliamentary sovereignty be a risky system?

A) The parliament members are appointed, not elected.
B) The parliament has total control over the budget.
C) The parliament determines constitutionality of its own actions.
D) It would not be risky.
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
18
Who wrote The Federalist Papers?

A) Alexander Hamilton, James Madison, and John Jay
B) William Connelly, James Madison, and Thomas Jefferson
C) Benjamin Franklin, Thomas Jefferson, and Alexander Hamilton
D) Franklin Pierce, William Riker, and John Jay
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
19
Which of the following would not be considered a federal country?

A) India
B) United States
C) France
D) Germany
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
20
According to the text, why might an authoritarian regime draft a constitution?

A) As a means to establish more governmental legitimacy
B) The United Nations requires a written constitution of all member-states.
C) A constitution would be a means to begin the process of democratization.
D) It would not.
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
21
Law based on the Holy Book of Islam is known as:

A) Martial law
B) Shiite law
C) Talmudic law
D) Sharia law
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
22
A system of government in which constitutional law is combined with the recognition of an official state religion and some use of religious beliefs or texts as foundation for law is known as:

A) Religiosity
B) Faith-centric politics
C) Religious indoctrination
D) Theocracy
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
23
According to the text, why might religious law create tension in a country?

A) Citizens who are not of that religion are still subject to its laws.
B) The separation of church and state is necessary for development.
C) Religious law restricts enterprise and economic growth.
D) The predominant religion in a country can change with a change in demographics.
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
24
Which of the following is not a potential negative effect of federalism?

A) Differences in regional development
B) Increase in ethnic tensions
C) Unifies a disparate polity
D) Increase in regionalism
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
25
Which of the following political arguments would draw most directly on the principles of federalism?

A) Abortion should be illegal under federal law.
B) States should determine the legality of abortion within their own borders.
C) Abortion should be legal under federal law in all states.
D) Abortion should be illegal under religious law.
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
26
According to the text, federalism has significantly influenced differences in regional and state development in which of the following countries?

A) Italy
B) Israel
C) India
D) China
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
27
Who developed the decentralization theorem?

A) William Wallace
B) Wallace Oates
C) Daryl Hall
D) John Oates
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
28
The idea that unelected judges and justices might "legislate from the bench" refers most directly to which of the following concerns:

A) Judicial politicking
B) Judicial sovereignty
C) Judicial review
D) Judicial activism
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
29
What would be an example of a check on the legislative branch by the judicial branch?

A) Judicial politicking
B) Judicial sovereignty
C) Judicial review
D) Judicial activism
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
30
Which scholar described the concept of juristocracy?

A) Ran Hirschl
B) Viktor Frankl
C) Alfred Stepan
D) Louis Brandeis
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
31
Arguing how "other institutions" operate within federal systems, such as how political parties are structured, is the substance of the scholarship of:

A) Riker
B) Hirschl
C) Stepan
D) Rodden and Wibbels
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
32
Both Riker and Stepan offer analyses of this:

A) constitutionalism
B) Unitary systems
C) The emergence of federal systems
D) Judicial activism
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
33
What is distinctive about the British constitution? Comment with specific reference to how the British constitution can be changed.
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
34
Identify three areas where federalism may lead to different outcomes than unitarism.
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
35
What is the principle of constitutionalism, and to what extent does it relate specifically to the existence of a constitution?
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
36
When an authoritarian regime replaces a democratic regime, in what ways might it handle the preexisting constitution?
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
37
What is the principle of parliamentary sovereignty and how does it relate to the judicial branch?
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
38
Define federalism and offer at least one characteristic that allows observers to distinguish a federal state from a unitary state.
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
39
Name one federal country on each the following continents: North America, South America, Europe, Asia, Africa, and Oceania.
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
40
What did William Riker believe to be the cause or origin of federal government, and what did Alfred Stepan note in response to Riker?
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
41
Are constitutions compatible with religious law, and why or why not?
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
42
Describe the logic through which decentralized government can lead to improved governance.
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
43
Identify several of the main features and purposes of constitutions.
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
44
Explain the meaning of the phrase judicial review.
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
45
Under what conditions might federalism be detrimental to an economy?
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
46
Summarize the argument of Towards Juristocracy, by Ran Hirschl.
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
47
Since constitutions typically make references to all branches of government-including executives and legislatures-why are judiciaries of particular importance for inclusion in a discussion of constitutions?
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
48
What are the main causes of climate change and how can they be addressed?
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
49
Discuss the relative advantages and disadvantages of written and unwritten constitutions.
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
50
According to scholars, what are the major advantages of federal systems? What, if any, are the disadvantages? Should all polities adopt federalism? Why or why not?
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
51
What variables can account for the origins of federalism? Under what conditions might you expect a country today to move towards federalism, and why?
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
52
Discuss the difference, if any, between judicial review and judicial activism
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
53
Discuss how two major features of constitutional design-federalism/unitarism and judicial review-can have substantial impacts on individual rights. Use hypothetical or real-world empirical examples to illustrate your argument.
Unlock Deck
Unlock for access to all 53 flashcards in this deck.
Unlock Deck
k this deck
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Unlock Deck
Unlock for access to all 53 flashcards in this deck.