Unit 2 Review

The Bill of Rights to the U.S. Constitution was drafted in response to the debate between federalists and Anti-Federalist over the powers of the national government.  The 6th amendment is shown.
In all criminal prosecutions, {citizens} shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusations; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense 

Which issue is addressed by the 6th amendment?

• Powers of taxation
• rights of the accused
• protection of property
• protection from torture

Select all of the Anti-Federalist quotes that express concerns over the 6th Amendment of the Bill of Rights.

• "In the bills of rights of the States it is declared, that a well regulated militia is the proper and natural defense of a free government."
• "There is the same reason, therefore, that the exercise of power.... should be restrained within proper limits, as in that of the State."
• No man is secure of a trial in the county where he is charged to have committed a crime; he may be brought from Niagara to New York, or carried from Kentucky to Richmond for trial for an offense supposed to be committed."

Before the U.S. Constitution was adopted, each state held a ratifying convention to discuss and vote on the Constitution.
Alexander Hamiliton attened the New York ratification convention.  A quote from one of his speeches during the convention is shown.
Here [in the U.S. House of Representatives], sir, the people govern; here they act by their immediate representatives.

Which basic principle of governance is Hamilton highligting in this quote?

• Federalism
• Limited Government
• Popular Sovereignty
•  Separation of Powers

What happens when the laws of Ohio and the federal government contradict one another?

• The Ohio Supreme Court determines which law will be enforced in Ohio
• State law is followed because both constitutions agree that state law takes precedence over federal law.
• The U.S. Congress holds hearing on the conflict and determines which law will govern the people of Ohio.
• The U.S. Constitution is followed because it states that the laws of the United States takes precedence over state law.

What constitutional principle is identified with the concept of "consent of the governed?"

• Rule of law
• popular sovereignty
• checks and balances
• separation of powers

Which situation brought about the adoption of the 12th Amendment to the U.S. Constitution?

• Electoral college voters' values and interests did not match those of the general population
• The electoral collage vote did not correspond to the popular vote in early presidential elections
• A scandal in the Electoral College called into question the validity of the presidential election of 1796.
• The Electoral College did not have separate ballots for president and vice president, resulting in a tie in 1800

Read the text from Section 1 of the 14th Amendment.
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.  No State shall make or enforce any law which shall abridge the privileges or immuniites of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Which statement describes one of the conditions this Reconstution era amendment was designed to correct?

• Freed African-American men in the South were still being denied the right to vote.
• Freed African-American men continued to be denied their rights as American citizens in some states.
• Arguing that African-American men were not citizens, some southern states tried to reestablish slavery
• African-American men in the former Confederacy were permanently denied rights under the Constitution.

The 24th Amendment to the U.S. Constitution outlawed the use of poll taxes to prevent citizens from voting for federal office holders. This 1964 change continued what evolutionary development of the U.S. Constitution?

• Permitting women to run for public office
• extending basic rights for more Americans
• increasing the number of elected public officials
• Strengthening the role of political parties in choosing candidates

Select the portion of the excerpt from Supreme Court’s majority opinion in its ruling on Oregon v. Mitchell that reflects the principal of limited government.
Excerpt from Supreme Court’s majority opinion in Oregon v. MitchellIn enacting the 18-year-old vote provisions of the Act now before the Court, Congress made no legislative findings that the 21-year-old vote requirement was used by the States to disenfranchise voters on account of race. I seriously doubt that such a finding, if made, could be supported by substantial evidence. Since Congress has attempted to invade an area preserved to the States by the Constitution without a foundation for enforcing the Civil War Amendments' ban on racial discrimination, I would hold that Congress has exceeded its powers in attempting to lower the voting age in state and local elections. On the other hand, where Congress legislates in a domain not exclusively reserved by the Constitution to the States, its enforcement power need not be tied so closely to the goal of eliminating discrimination on account of race.

• Since Congress has attempted to invade an area preserved to the States by the Constitution without a foundation for enforcing the Civil War Amendments' ban on racial discrimination
• where Congress legislates in a domain not exclusively reserved by the Constitution to the States, its enforcement power need not be tied so closely to the goal of eliminating discrimination on account of race.
• In enacting the 18-year-old vote provisions of the Act now before the Court, Congress made no legislative findings that the 21-year-old vote requirement was used by the States to disenfranchise voters on account of race
• I seriously doubt that such a finding, if made, could be supported by substantial evidence

The story begins simply enough — with a small favor that an off-duty police officer performed for his bed-ridden mother. Officer Jeffrey Heffernan’s mother asked him to pick up a mayoral campaign sign for her to display in her yard, since her last sign had been stolen and she couldn’t go herself to pick up a replacement. When Heffernan dutifully picked one up, one of his coworkers spotted him holding the sign, incorrectly assumed that Heffernan supported the candidate, and told his boss, the police chief (who happened to support an opposing candidate). The next day, the chief of police brazenly demoted Heffernan from detective to patrol officer because of his “involvement in a political election.” After reading this portion of a larger article published by USA Today, what Amendment would be be argued to be violated.

• 1st Amendment
• 4th Amendment
• 14th Amendment
• 26th Amendment