Political Science An Introduction 13th Edition By Michael G. Roskin – Test Bank

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Sample Questions Posted Below

 

Chapter 5- Constitutions and Rights

MULTIPLE CHOICE QUESTIONS

1. Muslims in the United States, who make up a relatively small percentage of the population, would be classified as __________.

minorities

majorities 

conservatives

liberals

Answer: A

Learning Objective: Introduction

Page Ref: 69

Topic/A-head: Introduction

Skill Level: Apply What You Know

2. A written document outlining the structure of a political system is a __________.

 statute

 constitution

 state duma 

 basic law

Answer: B

Learning Objective: 5.1

Page Ref: 70

Topic/A-head: Constitutions

Skill Level: Remember the Facts 

3. The Constitution of the United States is __________.

 

 relatively new

 relatively long

 relatively short 

 absent of ambiguity 

Answer: C

Learning Objective: 5.1

Page Ref: 70

Topic/A-head: Constitutions

Skill Level: Remember the Facts 

4. Japan’s Constitution was drafted by the United States in __________.

 1940

 1946

 1956 

 1960 

Answer: B

Learning Objective: 5.1

Page Ref: 70

Topic/A-head: Constitutions

Skill Level: Remember the Facts 

5. Which statement best depicts how Japan’s constitution varies from the Unites States’?

 Japan’s constitution is shorter.

 Japan’s constitution is more detailed but provides fewer rights to the people.

 Japan’s constitution is more detailed and provides more rights to the people.

 Japan’s constitution is older.

Answer: C

Learning Objective: 5.1

Page Ref: 70

Topic/A-head: Constitutions

Skill Level: Understand the Concepts 

6. Which of the following might be said about the Brazilian Constitution?

 It conferred too few rights to protect the people.

 It conferred too many rights for the government to guarantee. 

 It is outdated.

 It is too new to evaluate.

Answer: B

Learning Objective: 5.1

Page Ref: 70

Topic/A-head: Constitutions

Skill Level: Understand the Concepts 

7. Which statement best describes Britain in terms of providing codified rights to the people? 

 Britain has had codified rights dating back to the 10^th century.

 Britain has had codified rights dating back to the 15^th century.

 Britain has had codified rights dating back to the 1940s.

 Britain has had codified rights since 2000.

Answer: D

Learning Objective: 5.1

Page Ref: 70

Topic/A-head: Constitutions

Skill Level: Understand the Concepts 

8. Based on your text, which provision might be in Germany’s constitution?

Guaranteed support for private schools 

Limitations on government involvement in economic matters

Limitations on government involvement in social matters

Provisions that provide support for the unemployed

Answer: D

Learning Objective: 5.1

Page Ref: 70

Topic/A-head: Constitutions

Skill Level: Apply What You Know

9. Which of the following, if true, would make implementing a constitution more difficult?

 A democratic system of government

 A multi-party system of government

 A dictatorial system of government

 A laissez-faire system of government 

Answer: C

Learning Objective: 5.1

Page Ref: 70

Topic/A-head: Constitutions

Skill Level: Analyze It 

10. Which of the following might you infer from a constitution that is relatively long and detailed?

 The constitution is probably relatively new.

 The constitution is probably relatively old.

 The constitution is probably relatively vague.

 The constitution is probably relatively restrictive on rights.

Answer: A

Learning Objective: 5.1

Page Ref: 70

Topic/A-head: Constitutions

Skill Level: Analyze It 

11. The ability of courts to decide if laws are constitutional is referred to as __________.

 judicial review

 judicial activism

 judicial restraint

 basic law

Answer: A

Learning Objective: 5.2

Page Ref: 72

Topic/A-head: The Highest Law of the Land

Skill Level: Remember the Facts 

12. The concept of Basic Law originated in which country?

 Britain

 France 

 Germany

 United States

Answer: C

Learning Objective: 5.2

Page Ref: 72

Topic/A-head: The Highest Law of the Land

Skill Level: Remember the Facts 

13. The State Duma is the legislature in what country?

 Ireland

 Sweden

 Russia

 Germany

Answer: C

Learning Objective: 5.2

Page Ref: 74

Topic/A-head: The Highest Law of the Land

Skill Level: Remember the Facts 

14. A constituent assembly is __________.

 a legislature convened to draft a new constitution 

 a term for the legislative branch in most countries 

 a judicial body

 a meeting of potential voters

Answer: A

Learning Objective: 5.2

Page Ref: 75

Topic/A-head: The Highest Law of the Land

Skill Level: Remember the Facts 

15. The Magna Carta did which of the following?

 Granted democracy to the citizens

 Limited the King’s power

 Extended the King’s power

 Eliminated the monarchy

Answer: B

Learning Objective: 5.2

Page Ref: 74

Topic/A-head: The Highest Law of the Land

Skill Level: Understand the Concepts

16. Japan and the United States have which of the following in common when it comes to amending their respective constitutions?

 Neither country has ever done it.

 Both countries do it frequently.

 It is difficult to do in both countries.

 The people of both countries must vote on constitutional amendments.

Answer: C

Learning Objective: 5.2

Page Ref: 71

Topic/A-head: The Highest Law of the Land

Skill Level: Understand the Concepts

17. The facts that the President of the United States is Commander in Chief of the Military and that the judicial branch interprets laws are indicative of __________. 

basic Laws

judicial activism

judicial restraint

separation of powers

Answer: D

Learning Objective: 5.2

Page Ref: 74

Topic/A-head: The Highest Law of the Land

Skill Level: Understand the Concepts

18. Judicial activism refers to __________.

 liberal judges

 conservative judges

 judicial restraint by judges

 willingness to override legislatures

Answer: D

Learning Objective: 5.2

Page Ref: 72

Topic/A-head: The Highest Law of the Land

Skill Level: Understand the Concepts

19. Yugoslavia demonstrates what potential problem when it comes to constitutions?

 The danger of providing too many rights 

 The danger of providing too few rights 

 The danger of constitutional experimentation

 The danger of failing to update their constitution

Answer: C

Learning Objective: 5.2

Page Ref: 71

Topic/A-head: The Highest Law of the Land

Skill Level: Apply What You Know

20. Which of the following is a potential problem with judicial review?

 Conservative or liberal judges may rule based on their beliefs.

 Constitutions are always clear.

 Lawmakers make laws that comply with constitutions.

 Judicial review is spelled out in all constitutions.

Answer: A

Learning Objective: 5.2

Page Ref: 72

Topic/A-head: The Highest Law of the Land

Skill Level: Apply What You Know

21. What does the lawgiver, Hammurabi, contribute to our current discussion of constitutions?

 Statutes are meant to adjust to the times.

 Laws are not necessary because of people’s good will.

 Constitutions should be easy to revise.

 Codified laws are necessary, as is a clear supreme law of the land.

Answer: D

Learning Objective: 5.2

Page Ref: 72

Topic/A-head: The Highest Law of the Land

Skill Level: Apply What You Know

22. What can we conclude from the phrase “ensure domestic tranquility” in the U.S. Constitution? 

 Little, because the Preamble is vague and has questionable legal force

 That the government must provide a peaceful society

 That the government must provide for the general welfare

 A great deal because of the clarity of the language

Answer: A

Learning Objective: 5.2

Page Ref: 74

Topic/A-head: The Highest Law of the Land

Skill Level: Analyze It

23. The Internment of Japanese Americans during World War II demonstrates which of the following?

 The dangers of communism

 The dangers of the red scare

 That even democracies can do away with civil liberties during war time

 That even ordinary people can be a threat to society

Answer: C

Learning Objective: 5.2

Page Ref: 73

Topic/A-head: The Highest Law of the Land

Skill Level: Analyze It

24. Which of the following, if true, best explains why Constitutions are difficult to amend? 

 Lawmakers may change their views relatively quickly.

 Constitutions often include a great deal of detail.

 Constitutions are often vague.

 Constitutions are often very long.

Answer: A

Learning Objective: 5.2

Page Ref: 71

Topic/A-head: The Highest Law of the Land

Skill Level: Analyze It

25. The Universal Declaration on Human Rights includes the rights to __________. 

 a job

 a car

 assembly 

 declare war

Answer: C

Learning Objective: 5.3

Page Ref: 75

Topic/A-head: Can Constitutions Ensure Rights?

Skill Level: Remember the Facts

26. Proposition 227 in California dealt with which one of the following issues?

 Immigration

 Same-sex marriage

 Taxes

 Bilingual education

Answer: D

Learning Objective: 5.3

Page Ref: 75

Topic/A-head: Can Constitutions Ensure Rights?

Skill Level: Remember the Facts

27. The issue of what role government should take in preserving cultural uniqueness is the basis for __________.

 immigration

 multiculturalism

 cultural pluralism

 ethnicism

Answer: B

Learning Objective: 5.3

Page Ref: 76

Topic/A-head: Can Constitutions Ensure Rights?

Skill Level: Remember the Facts

28. In reaction to Nazi and Japanese actions during World War II, the UN General Assembly did which of the following?

 Revoked Germany and Japan’s charters

 Adopted the Universal Declaration on Human Rights

 Sent the UN armies into Germany and Japan

 Authorized a relocation program for refugees

Answer: B

Learning Objective: 5.3

Page Ref: 75

Topic/A-head: Can Constitutions Ensure Rights?

Skill Level: Understand the Concepts

29. Which can be said of minority groups?

 They exist in most countries 

 They generally have greater protections of civil liberties than majorities

 Few countries have significant minority populations 

 Most minority groups live in the Northern hemisphere

Answer: A

Learning Objective: 5.3

Page Ref: 75

Topic/A-head: Can Constitutions Ensure Rights?

Skill Level: Understand the Concepts

30. Algerians in France and Pakistanis in Great Britain have what in common? 

 They have both been placed in internment camps. 

 They generally have greater protections of civil liberties than majorities.

 They are pressured to conform with their dominant cultures.

 They speak the same native languages.

Answer: C

Learning Objective: 5.3

Page Ref: 75

Topic/A-head: Can Constitutions Ensure Rights?

Skill Level: Understand the Concepts

31. How many votes are needed to overcome the filibuster in the U.S. Senate?

 50

 60

 67

 75

Answer: B

Learning Objective: 5.4

Page Ref: 76

Topic/A-head: The Adaptability of the U.S. Constitution 

Skill Level: Remember the Facts

32. The District of Columbia v. Heller case dealt with which one of the following issues?

 Immigration 

 Bilingual education

 Taxes 

 Gun rights 

Answer: D

Learning Objective: 5.4

Page Ref: 77

Topic/A-head: The Adaptability of the U.S. Constitution 

Skill Level: Remember the Facts

33. The District of Columbia v. Heller case dealt with which one of the following U.S. Constitutional Amendments?

 First

 Second

 Fifth 

 Tenth

Answer: B

Learning Objective: 5.4

Page Ref: 77

Topic/A-head: The Adaptability of the U.S. Constitution 

Skill Level: Remember the Facts

34. Some people view the right of having a job as a(n) __________ right.

 natural 

 human

 economic

 civil

Answer: C

Learning Objective: 5.4

Page Ref: 76

Topic/A-head: The Adaptability of the U.S. Constitution 

Skill Level: Understand the Concepts

35. The right to vote is usually viewed as a(n) __________ right.

 human

 civil

 economic

 natural

Answer: B

Learning Objective: 5.4

Page Ref: 76

Topic/A-head: The Adaptability of the U.S. Constitution 

Skill Level: Understand the Concepts

36. Examples of __________ rights include life and liberty.

 constructed

 civil

 economic

 natural

Answer: D

Learning Objective: 5.4

Page Ref: 76

Topic/A-head: The Adaptability of the U.S. Constitution 

Skill Level: Understand the Concepts

37. Which of the following might Jeremy Bentham have agreed with? 

 Rights are natural in origin. 

 Higher level rights should be protected.

 Rights are a social construction.

 Economic rights are natural rights.

Answer: C

Learning Objective: 5.4

Page Ref: 76

Topic/A-head: The Adaptability of the U.S. Constitution 

Skill Level: Apply What You Know

38. Which is an example of a socially constructed concept? 

 Something that is God’s will according to early thinkers.

 The right to life shall not be deprived without good cause.

 The right to liberty shall not be deprived without good cause.

 The right to unemployment insurance is guaranteed by some governments.

Answer: D

Learning Objective: 5.4

Page Ref: 76

Topic/A-head: The Adaptability of the U.S. Constitution 

Skill Level: Apply What You Know

39. Which ordering places rights from most basic to highest?

 Natural, economic, civil

 Natural, civil, economic

 Economic, civil, natural

 Civil, economic, natural 

Answer: B

Learning Objective: 5.4

Page Ref: 76

Topic/A-head: The Adaptability of the U.S. Constitution 

Skill Level: Analyze It

40. The “red scare” involved fear of __________.

 the Supreme Court 

 judicial activism 

 Socialism

 Communism

Answer: D

Learning Objective: 5.5

Page Ref: 78

Topic/A-head: Freedom of Expression in the United States 

Skill Level: Remember the Facts

41. Which U.S. Constitutional Amendment protects free speech rights?

 First

 Second

 Third

 Fourth

Answer: A

Learning Objective: 5.5

Page Ref: 78

Topic/A-head: Freedom of Expression in the United States 

Skill Level: Remember the Facts

42. __________ rights protect detainees from guilt without a trial. 

 Economic 

 Habeas corpus

 Sedition

 Imprisonment 

Answer: B

Learning Objective: 5.5

Page Ref: 78

Topic/A-head: Freedom of Expression in the United States 

Skill Level: Understand the Concepts

43. The Clear and Present danger doctrine deals with what issue?

 Sedition

 Gun rights

 Communism

 Economic rights

Answer: A

Learning Objective: 5.5

Page Ref: 79

Topic/A-head: Freedom of Expression in the United States 

Skill Level: Understand the Concepts 

44. How do American free speech rights compare to European nations?

In America, free speech rights are more extensive than in Europe.

In America, free speech rights are less extensive than in Europe.

In America, free speech rights are about the same than in Europe.

In America, free speech is prohibited unless it presents a “Clear and Present Danger.” 

Answer: A

Learning Objective: 5.5

Page Ref: 77-78

Topic/A-head: Freedom of Expression in the United States 

Skill Level: Apply What You Know

45. Which of the following is generally the case for restrictions of free speech in America?

Speech has never been restricted in America.

Speech rights are usually restricted in America.

Speech rights are more restricted during war times or when the nation is under threat.

Speech rights are less restricted during war times or when the nation is under threat.

Answer: C

Learning Objective: 5.5

Page Ref: 77-79

Topic/A-head: Freedom of Expression in the United States 

Skill Level: Apply What You Know

46. The Pentagon Papers case would generally be seen as __________.

a victory for those concerned with sedition against the government

a victory for those concerned about the threat of communism

a victory for those concerned with abuses by President Nixon’s opponents 

a victory for those concerned with rights of the press

Answer: D

Learning Objective: 5.5

Page Ref: 78

Topic/A-head: Freedom of Expression in the United States 

Skill Level: Apply What You Know

47. Gitlow v. New York and Scales v. the United States have which of the following in common?

These cases demonstrated the limits of government in dealing with terrorism. 

These cases demonstrated the limits of governments in dealing with sedition. 

These cases demonstrated that civil liberties and rights are curtailed when the government is under threat.

These cases established unrestricted freedom of speech rights for citizens.

Answer: C

Learning Objective: 5.5

Page Ref: 77-78

Topic/A-head: Freedom of Expression in the United States 

Skill Level: Analyze It

48. Which of the following, if true, best supports arguments in favor of comparing campaign contributions to speech rights?

Corporations and Super-PACs express themselves through contributions.

Corporations and Super PACs have extensive influence through their campaign contributions.

Corporations and Super-PACs do not represent the will of the people.

Corporations and Super-PACs can contribute more than other interests.

Answer: A

Learning Objective: 5.5

Page Ref: 78

Topic/A-head: Freedom of Expression in the United States 

Skill Level: Analyze It

49. Which scenario would most likely result in restrictions of free speech? 

Joining the American Communist Party

Criticizing the president when the nation goes to war

Attempting to discourage people from enlisting in the military during a draft

Expressing unpopular opinions in the newspaper

Answer: A

Learning Objective: 5.5

Page Ref: 78

Topic/A-head: Freedom of Expression in the United States 

Skill Level: Analyze It

50. Which conclusion comports with the current rights of prisoners held captive as part of the United States’ war on terrorism?

Suspected terrorists do not have any constitutional protections.

Suspected terrorists have all constitutional protections of ordinary citizens.

Suspected terrorists have some access to the court system, but there is still a lack of clarity on the matter.

Suspected terrorists must be deported within 60 days of their detention. 

Answer: C

Learning Objective: 5.5

Page Ref: 80-81

Topic/A-head: Freedom of Expression in the United States 

Skill Level: Analyze It

TRUE/FALSE QUESTIONS

51. A 40-hour work week is specified in the Brazilian Constitution. 

Answer: TRUE

Learning Objective: 5.1

Page Ref: 70

Topic/A-head: Constitution 

Skill Level: Understand the Concepts

52. Britain was the first nation to guarantee individual rights and freedoms in its Constitution.

Answer: FALSE

Learning Objective: 5.1

Page Ref: 70

Topic/A-head: Constitution 

Skill Level: Understand the Concepts

53. During World War II, the United States government deprived Japanese Americans of due process rights and interned them.

Answer: TRUE

Learning Objective: 5.2

Page Ref: 73

Topic/A-head: The Highest Law in the Land

Skill Level: Understand the Concepts

54. In the United States, the separation of powers gives Congress lawmaking authority, while the presidency administers the law.

Answer: TRUE

Learning Objective: 5.2

Page Ref: 74

Topic/A-head: The Highest Law in the Land

Skill Level: Apply What You Know

55. Proposition 227 ended bilingual education in California in 1998.

Answer: TRUE

Learning Objective: 5.3

Page Ref: 76

Topic/A-head: Can Constitutions Ensure Rights?

Skill Level: Remember the Facts

56. Your book demonstrates that civil rights and liberties, even today, are still violated by both the developing world and western democracies.

Answer: TRUE

Learning Objective: 5.3

Page Ref: 75-76

Topic/A-head: Can Constitutions Ensure Rights?

Skill Level: Apply What You Know

57. In District of Columbia v. Heller (2008), the Supreme Court ruled that the District of Columbia’s gun restrictions did not violate the Second Amendment of the Constitution. 

Answer: FALSE

Learning Objective: 5.4

Page Ref: 77

Topic/A-head: The Adaptability of the U.S. Constitution

Skill Level: Remember the Facts

58. The term “constructed” refers to something that is recent and artificial, often wrongly assumed to be old and hallowed.

Answer: TRUE

Learning Objective: 5.4

Page Ref: 76-77

Topic/A-head: The Adaptability of the U.S. Constitution

Skill Level: Remember the Facts

59. Sedition is heavy criticism of the government or officials aimed at producing discontent or rebellion.

Answer: TRUE

Learning Objective: 5.5

Page Ref: 78

Topic/A-head: Freedom of Expression in the United States

Skill Level: Remember the Facts

60. The Pentagon Papers dealt with freedom of religion. 

Answer: FALSE

Learning Objective: 5.5

Page Ref: 78

Topic/A-head: Freedom of Expression in the United States

Skill Level: Understand the Concepts

FILL-IN-THE-BLANK QUESTIONS

61. A(n) __________ is a written document outlining the structure of a political system.

Answer: constitution

Learning Objective: 5.1

Page Ref: 70

Topic/A-head: Constitutions

Skill Level: Remember the Facts

62. __________ is the unwillingness of judges to overturn statutes passed by the legislature.

Answer: Judicial restraint

Learning Objective: 5.2

Page Ref: 72

Topic/A-head: The Highest Law of the Land

Skill Level: Remember the Facts 

63. If a legislature passes a law that violates the Constitution, a judge might practice __________ and strike the law down.

Answer: judicial activism 

Learning Objective: 5.2

Page Ref: 72

Topic/A-head: The Highest Law of the Land

Skill Level: Apply What You Know 

64. People in the American South may prefer a limited role of government in the economy, while those in the Northeast may favor greater government involvement. These two areas have very different __________.

Answer: political cultures 

Learning Objective: 5.2

Page Ref: 72

Topic/A-head: The Highest Law of the Land

Skill Level: Apply What You Know 

65. The fact that in the United State there are a variety of ethnic groups and some speak languages other than English deals with the issue of __________.

Answer: multiculturalism 

Learning Objective: 5.3

Page Ref: 76

Topic/A-head: Can Constitutions Ensure Rights?

Skill Level: Understand the Concepts

66. Voting is typically viewed as a __________ right.

Answer: civil

Learning Objective: 5.4

Page Ref: 77

Topic/A-head: The Adaptability of the U.S. Constitution

Skill Level: Remember the Facts 

67. To the Founders of the United States, life and liberty are examples of __________, which should be automatically granted.

Answer: natural rights

Learning Objective: 5.4

Page Ref: 76

Topic/A-head: The Adaptability of the U.S. Constitution

Skill Level: Understand the Concepts 

68. The Constitution’s militia clause is found in the __________.

Answer: Second Amendment

Learning Objective: 5.4

Page Ref: 77

Topic/A-head: The Adaptability of the U.S. Constitution

Skill Level: Understand the Concepts 

69. Exaggerated fear of Communist subversion was known as a __________.

Answer: red scare

Learning Objective: 5.5

Page Ref: 72

Topic/A-head: Freedom of Expression in the United States

Skill Level: Remember the Facts 

70. The Bush Administration denied “unlawful enemy combatants” __________ rights prior to the 2004 Supreme Court decision dealing with the matter.

Answer: habeas corpus

Learning Objective: 5.5

Page Ref: 80

Topic/A-head: Freedom of Expression in the United States

Skill Level: Understand the Concepts 

SHORT ANSWER QUESTIONS

71. Distinguish between constitutions and statutes.

Learning Objective: 5.1

Page Ref: 70-71

Topic/A-head: Constitutions 

Skill Level: Understand the Concepts

72. What are the dangers of changing Constitutions frequently? Give an example where this has been a problem. 

Learning Objective: 5.2

Page Ref: 71

Topic/A-head: The Highest Law of the Land

Skill Level: Apply What You Know

73. Explain the debate over multiculturalism. 

Learning Objective: 5.3

Page Ref: 75-76

Topic/A-head: Can Constitutions Ensure Rights? 

Skill Level: Apply What You Know

74. How can a “red scare” limit speech?

Learning Objective: 5.4

Page Ref: 78

Topic/A-head: Freedom of Expression in the United States

Skill Level: Analyze It

75. Evaluate the controversy over whether or not terrorists have rights in the United States.

Learning Objective: 5.5

Page Ref: 80-81

Topic/A-head: Freedom of Expression in the United States

Skill Level: Analyze It

ESSAY QUESTIONS

76. Explain the purposes of constitutions. Why are they necessary?

Answer: The ideal response will:

a. Discuss how a Constitution is a written document outlining the structures of a political system. It includes the rules and customs, written or unwritten by which a government is run. 

b. Discuss how many constitutions specify individual rights and freedoms. They specify limits of government and balance minority and majority interests. Some are short, while others are long and much more detailed. These may provide a variety of rights including legal and political freedoms, as well as social and economic safeguards. 

c. Discuss how Constitutions allow nations to functions. They also protect the citizens by establishing limits to the state and protections of the people. 

Learning Objective: 5.1

Page Ref: 70-71

Topic/A-head: Constitutions 

Skill Level: Understand the Concepts

77. How are powers separated in the United States? How might this separation change over time?

Answer: The ideal response will:

a. Discuss how the U.S. Constitution is a blueprint that lays out the power and responsibilities of the Congress, presidency, and judiciary in Articles I, II, and III respectively. The Constitution divides power and responsibilities and limits the power of the other branches.

b. Discuss some of the powers that each branch has. The president, for example, is Commander in Chief of the armed services. The Congress can collect taxes. The Judiciary interprets the laws.

c. Discuss the way power is checked. For example, some power is shared. The president can enter into treaties with the advice and consent of the Senate. The Supreme Court can determine whether laws passed by Congress or actions taken by the president are Constitutional. 

Learning Objective: 5.2

Page Ref: 74

Topic/A-head: The Highest Law of the Land

Skill Level: Apply What You Know

78. Where do rights come from? Evaluate the arguments for whether or not they are artificial. 

Answer: The ideal response will:

a. Discuss the debate over whether natural rights are the basis for human rights. Classic thinkers, including many of the U.S. founders, argued that life and liberty were natural. 

b. Discuss civil rights, which are newer and of a higher level. They include things like speech, press, and assembly.

c. Discuss economic rights, which are newer and include things like the right to an education or health care. 

d. Discuss whether rights are natural or artificial. That is, the answer should evaluate the claims of the founders that rights are something we are all entitled to or whether they are merely social constructions. The answer should address Bentham’s argument that something only becomes a right when it is codified into law. To Bentham, rights are social constructions. 

Learning Objective: 5.4

Page Ref: 76

Topic/A-head: The Adaptability of the U.S. Constitution 

Skill Level: Analyze It

79. Evaluate the Constitutional claims on the issue of gun rights in the United States. 

Answer: The ideal response will:

a. Discuss how in 1939, the Supreme Court in the United States v. Miller argued against the transportation of sawed-off shotguns. 

b. Discuss the 2008 Supreme Court case, District of Columbia v. Heller, where the court argued that the right to bear arms is an individual right. Thus, the District of Columbia’s strict gun law violated the Second Amendment to the Constitution. 

c. Discuss that the issue hinges on interpretation of the “well-regulated militia” clause in the Second Amendment. To some, this means that restrictions on fire arms should only apply to well-regulated militias. To others, this grants a wide-ranging right to bear arms because it applies to ordinary citizens.

d. Discuss what the term “arms” means. To some, this should only apply to the type of arms that the founders had access to. To others, arms might refer to any type of firearm. 

Learning Objective: 5.4

Page Ref: 77

Topic/A-head: The Adaptability of the U.S. Constitution 

Skill Level: Analyze It

80. Trace the right of free speech as it relates to sedition in the United States. How has interpretation of the Constitution changed over time?

Answer: The ideal response will:

a. Discuss sedition, which is the heavy criticism of government or officials aimed at producing discontent or rebellion. 

b. Discuss how Congress and presidents have sought to limit what people can say against the government. For example, the Sedition Act of 1798 and one passed during the Civil War were designed to limit criticism of the government.

c. Discuss more recent examples of the government limiting speech. During World War I, the Espionage Act produced the “clear and present danger” doctrine designed to limit those who sought to limit the war effort with their speech. 

d. Discuss how in the 1940s and 1950s, sedition acts were directed against communism. The Smith Act was ultimately upheld by the Supreme Court in 1951. It wasn’t until Yates v. the United States that the Court reversed the conviction of communist leaders. The McCarthy era McCarran Act, placed sweeping restriction on communists working for government and established a Subversive Activities Control Board to enforce legislation. The government did much less to restrict speech when it came to criticism of the Vietnam War. 

Learning Objective: 5.5

Page Ref: 79-80

Topic/A-head: Freedom of Expression in the United States

Skill Level: Apply What You Know