Mock 3

The U.S. Constitution does not explicitly give the power of judicial review to the Supreme Court. In fact, the Court did not use this power—which gives it the authority to invalidate laws and executive actions if they conflict with the Constitution—until the 1803 case of Marbury v. Madison. In that case, Chief Justice John Marshall ruled that a statute was unconstitutional. He argued that judicial review was necessary if the Court was to fulfill its duty of upholding the Constitution. Without it, he felt that the legislature would have a “real and practical omnipotence.” Moreover, several of the Constitution’s framers expected the Court to act in this way. Alexander Hamilton and James Madison emphasized the importance of judicial review in the Federalist Papers, a series of essays promoting the adoption of the Constitution. However, the power of judicial review continues to be a controversial power because it allows the justices—who are appointed rather than elected—to overturn laws made by Congress and state lawmaking bodies.

Q. Which of the following statements is an implication of judicial review?

• a. The Constitution is a historic document with little influence over how the government operates today.

• b. The Constitution must explicitly state which branch of government is to have what authority.

• c. The framers never meant for the Supreme Court to have this power.

• d. The Constitution is a living document that continues to be interpreted.

Answer explanation

Through judicial review, the Supreme Court is continually interpreting the limits set by the Constitution.

“We, whose names are underwritten, the Loyal Subjects of our dread sovereign lord King James, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, [etcetera], having undertaken for the glory of God, and advancement of the Christian faith, and the honor of our king and country, a voyage to plant the first colony in the northern parts of Virginia; do. . . solemnly and mutually, in the presence of God and one another, covenant and combine ourselves together into a civil body politic, for our better ordering and preservation, and furtherance of the ends aforesaid: and by virtue hereof do enact, constitute, and frame, such just and equal laws, ordinances, acts, constitutions, and officers, from time to time, as shall be thought most meet and convenient for the general good of the colony; unto which we promise all due submission and obedience.” —from The Mayflower Compact (1620)

Q. Why is this document considered a founding document in American self-government?

• A. The signers pledge to one another that they will form a civil government and obey its laws.

• B. The signers received the right to govern themselves by a charter granted by King James.

• C. It is the first formal constitution written in what became the United States.

• D. It is the first document establishing a government that was put to a popular vote.

Answer explanation

The colonists pledge to form a “civil body politic” and obey the laws they make together.

Q. Which of the following describes the internment of Japanese Americans during World War II?

• A. relocation from the coasts to the interior of the country

• B. relocation moved from the Mountain West to the West Coast

• C. relocation from the West Coast to the interior West and Southwest

• D. relocation from the East Coast to the West and West Coast

Answer explanation

The gray area on the map shows that people were removed from the West Coast. Most of them were interred further toward the interior of the country.

Q. Which president issued Executive Order 9066, which led to the internment of Japanese Americans during World War II?

• A. Dwight D. Eisenhower

• B. Franklin D. Roosevelt

• C. Harry S Truman

• D. Woodrow Wilson

Answer explanation

President Roosevelt issued the executive order in 1942. Wilson was president during WWI; Truman became president just before the end of WWII; and Eisenhower served after the end of WWII.

The U.S. Constitution does not explicitly give the power of judicial review to the Supreme Court. In fact, the Court did not use this power—which gives it the authority to invalidate laws and executive actions if they conflict with the Constitution—until the 1803 case of Marbury v. Madison. In that case, Chief Justice John Marshall ruled that a statute was unconstitutional. He argued that judicial review was necessary if the Court was to fulfill its duty of upholding the Constitution. Without it, he felt that the legislature would have a “real and practical omnipotence.” Moreover, several of the Constitution’s framers expected the Court to act in this way. Alexander Hamilton and James Madison emphasized the importance of judicial review in the Federalist Papers, a series of essays promoting the adoption of the Constitution. However, the power of judicial review continues to be a controversial power because it allows the justices—who are appointed rather than elected—to overturn laws made by Congress and state lawmaking bodies.

Q. Which of the following best describes the process of judicial review?

• a. to declare a law unconstitutional

• b. to follow public opinion polls

• c. to determine the country’s changing needs

• d. to propose new laws

Answer explanation

According to the passage, judicial review is “the authority to invalidate laws and executive actions if they conflict with the Constitution.” Choice a is a good paraphrase of the excerpt from the passage.

“Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.

“We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other ‘tangible’ factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does.” —U.S. Supreme Court Chief Justice Earl Warren in a 1954 decision that ruled that separate schools for African Americans and whites were unconstitutional - Source: Legal Information Institute, Cornell Law School, Brown v. Board of Education of Topeka

Q. Which of the following is NOT a value of education as expressed in the quotation?

• a. to expose children to music and the arts

• b. to explain the government’s education budget

• c. to prepare those who might serve the country as soldiers

• d. to produce good citizens

Answer explanation

The amount of money the government spends on education shows that people care about education; it is not, however, a value of education as previously defined.

“Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.

“We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other ‘tangible’ factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does.” —U.S. Supreme Court Chief Justice Earl Warren in a 1954 decision that ruled that separate schools for African Americans and whites were unconstitutional - Source: Legal Information Institute, Cornell Law School, Brown v. Board of Education of Topeka

Q. Chief Justice Warren most likely mentions compulsory school attendance and government spending on education in order to

• a. argue that the government should reduce its efforts in the field of education.

• b. support the position that segregated schools are not inherently unequal.

• c. encourage young Americans to remain in school long enough to get a high school diploma.

• d. strengthen the argument that education is a critical function of government.

Answer explanation

By pointing out that the government requires students to attend school, Warren makes the point that American society places a strong emphasis on the need for a good education. Similarly, government spending on education indicates that education is a major priority in American society. Both of these facts support the argument that education is a critical function of government.

On June 22, 1941, Germany attacked the Soviet Union with three million soldiers, mainly German. Hitler thought the war with Soviet Russia would end in six months or less. It lasted for four years, getting worse and worse. On the Russian front, where Hitler’s German tyranny fought Stalin’s Russian tyranny, the German army lost. Russia’s win over the Germans changed the course of World War II and helped the Allies—England, Russia, and the U.S.—win the war. From 20 million to 27 million Russian people, both soldiers and civilians, lost their lives.

Q. Which of the following statements is true based on the above paragraph?

• 1) The war with Soviet Russia ended in six months.

• 2) More than 27 million Russian soldiers lost their lives.

• 3) Germany’s decision to go to war with the Soviet Union turned out as predicted by German strategists.

• 4) The Soviet Union’s hard-won defeat of Germany was instrumental in winning World War II.

Answer explanation

The correct answer is answer 4. The paragraph says: “Russia’s win over the Germans changed the course of World War II and helped the Allies—England, Russia, and the U.S.—win the war.” This sentence is restated in answer 4: “The Soviet Union’s hard-won defeat of Germany was instrumental in winning World War II.” It says the same thing in different words.

From the U.S. Constitution: Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Q. How would Congress pass a law if the President vetoed, or rejected, it?

• 1) The law would need a two-thirds vote of both the Senate and the House of Representatives.

• 2) The law would need a majority vote of both the Senate and the House of Representatives.

• 3) The law would need the concurrence of both the Senate and the House of Representatives.

• 4) The law would need a unanimous vote of both the Senate and the House of Representatives.

Answer explanation

You can find the correct answer near the end of the paragraph. The law would need to be “repassed by two thirds of the Senate and House of Representatives.” In other words, two thirds of the Congress would need to vote for the law. That’s answer 1.

The Federalist Papers are a group of articles written by Alexander Hamilton and other Founding Fathers of the U.S. The Federalist Papers try to get people to agree with the United States Constitution. Seventy-seven of the 85 articles were printed in The New York Packet and The Independent Journal between 1787 and 1788. The authors hoped that the articles would get people to like the Constitution and get more states to vote for the Constitution. Today, the Federalist Papers show how the Founding Fathers, who wrote the Constitution, thought about the Constitution and what the Constitution means.

Q. Which of the following is the best explanation of what the Federalist Papers are?

• 1) The Federalist Papers are 85 articles printed in The New York Packet and The Independent Journal between 1787 and 1788.

• 2) The Federalist Papers, written by the Founding Fathers to gain support for the Constitution, explain what the Constitution meant to the Founding Fathers.

• 3) The Federalist Papers are newspapers that show the Federalist point of view of the Founding Fathers.

• 4) The Federalist Papers, written by The New York Packet and The Independent Journal, were an attempt to get states to vote down the Constitution.

Answer explanation

Answers 3 and 4 are incorrect. They are untrue, according to the text. Answer 1 is not untrue, but it gives a detail about the Federalist Papers, not a main idea. It’s not a very good explanation of what the Federalist Papers are, because it does not tell what’s in the Federalist Papers, why they were written, or why they’re important. The best answer is answer 2.