GOVT 422 Exam 2

GOVT 422 Exam 2 Liberty University

  1. Our legal traditions recognize government as parens patriae, meaning literally
  2. In The Federalist No. 84, _________________ argued that because the Constitution provided for limited government through enumerated powers, a Bill of Rights was unnecessary.
  3. In Zorach v. Clauson (1952), Justice ________________ wrote: “We are a people whose institutions presuppose a Supreme Being.”
  4. In 1973, Congress adopted the _____ over the veto of President Nixon. The act was designed to limit the president’s unilateral power to send troops into foreign combat.
  5. To pass the Lemon test, a law must, among other things, have a
  6. When the Chief Justice is voting in the minority, opinion assignment falls to the _________who is voting in the majority.
  7. In _____, Justice Frankfurter stated for the Court that “it must be inferred that Congress did not wish to have hang over the Commission the Damocles’ sword of removal by the President for no other reason than that he preferred to have on the Commission men of his own choosing.”
  8. In _____ the Court held that the president could not authorize a plan to place detainees before military commissions, and that such a plan was unauthorized by statute and violated international law.
  9. In Wiener v. United States (1958), the Supreme Court held that the unique nature of independent agencies requires that removal must be _____, whether or not Congress has so stipulated.
  10. In its most generic sense, __________ refers to the exercise of governmental power under the rule of law with due regard for the rights and interests of individuals.
  11. Article II, Sections 2 of the Constitution enumerates specific powers granted to the president. These include the authority to
  12. In Korematsu v. United States (1944) the Supreme stated that a presidential order authorizing the exclusion of persons of Japanese ancestry from designated areas along the west coast of the United States
  13. The _____, proposed in the aftermath of the assassination of President John F. Kennedy, establishes, among other things, a procedure under which the vice president may assume the role of acting president during periods of presidential disability.
  14. In United States history how many times has a candidate received fewer popular votes than their principal rival and yet still ascended to the presidency?
  15. In _____, the Supreme Court declared the line-item veto law unconstitutional because the law permitted the president to amend duly enacted legislation.
  16. In Cantwell v. Connecticut (1940), the Supreme Court struck down a state law that prohibited _____________ for any religious or charitable cause without prior approval of a state agency.
  17. The Supreme Court held in _____that “the President is not only authorized, but bound to resist force. He does not initiate the war, but is bound to accept the challenge without waiting for any special legislative authority.”
  18. In the Nixon Tapes Case of 1974 (United States v. Nixon) the Supreme Court ruled in effect that
  19. In ____________, the Supreme Court ruled that the Privileges or Immunities Clause did not prohibit a state from denying a woman a license to practice law.
  20. Reference to enumerated rights is found in the _______ Amendment.
  21. Article II of the Constitution provides that the _____ has the authority to issue an executive order “restricting the jurisdiction of the Supreme Court on a temporary basis.”
  22. In Lynch v. Donnelly (1984), the Supreme Court ____________ a city-sponsored Christmas nativity scene as a violation of the Establishment Clause.
  23. In Epperson v. Arkansas (1968), the Supreme Court asserted that a state could not prevent its teachers from discussing the theory of
  24. Negative public reaction to the Court’s decision in which case convinced a majority in Congress to pass the Religious Freedom Restoration Act?
  25. President _____ was impeached by the House of Representatives in 1868 but narrowly escaped conviction by the Senate.
  26. When a law or policy impinges on a right explicitly protected by the Constitution, such as the right to vote, it is subjected to ________ judicial scrutiny by the Supreme Court, also known as the compelling government interest test.
  27. The constitutional problem of presidential succession first arose in 1841 when President _____ died after only a month in office.
  28. The Supreme Court first dealt with the question of the president’s “removal powers” in
  29. The Supreme Court has adopted the doctrine of _____________ as a method of deciding whether certain provisions of the Bill of Rights are applicable to the States.
  30. In Breedlove v. Suttles (1937), the Supreme Court ruled that __________, in and of themselves, did not violate the Fourteenth or Fifteenth Amendments.
  31. authorizes the president to receive ambassadors and emissaries from foreign nations, which provides the president the power to recognize the legitimate governments of foreign nations.
  32. The Second Amendment refers to the keeping and bearing of arms in the context of
  33. Much to President Truman’s chagrin, the Supreme Court (splitting 6–3) refused to allow the government to seize and operate the steel plants in which case?
  34. In response to the possibility that presidential reliance on treaties might override the limitations of the Constitution, Senator _____ in the early 1950s proposed a constitutional amendment that would have nullified any treaty provision conflicting with the Constitution.
  35. In Palko v. Connecticut (1937) the Supreme Court refused to incorporate the _________ Clause of the Fifth Amendment into the Due Process Clause of the Fourteenth Amendment.
  1. The ________ Amendment protects freedom of speech and freedom of the press, often referred to jointly as freedom of expression.
  2. The Supreme Court first dealt with the question of the president’s removal powers in
  3. In Employment Division v. Smith (1990), the Supreme Court rejected a claim by _________________ that their ritualistic use of peyote constituted free exercise of religion.
  4. According to the test delineated in Lemon v. Kurtzman (1971), to survive an Establishment Clause challenge, a law or practice must
  5. The Supreme Court held in _____that the president is entitled to absolute immunity against private civil suits, at least those stemming from the president’s official actions during his time in the White House.
  6. Specifically, what does the “right to keep and bear arms” include? Address the argument made by some that the exercise of the right is limited to service in a “well regulated militia”?
  7. Many students of the Supreme Court have recognized the fundamental tension between the Establishment and Free Exercise Clauses of the First Amendment as interpreted by the justices since the 1940s. How can freedom of religion be protected while simultaneously adhering to the principle of separation of church and state?
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