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For multiple choice questions, make sure your answer is clearly indicated. I recommend using the ‘text highlight color’ function in Word to highlight-mark your choice. [It usually has a default setting to yellow highlighting and can be found in the Home tab on the left upper side of the screen.] For short answer questions, please write using complete sentences with correct spelling, grammar, and punctuation. If you use an assigned document or book,citethe work using any style you prefer (but make sure you include the author and page number in the citation). You can use quotations, but I prefer you to AVOID using quotations unless necessary. (I want your answers in your own words rather than a quotation.)Multiple Choice: Select thebestanswer for each question. Indicate your answer in a consistent manner. I recommend using the ‘Text Highlight Color’ function in Word (usually found in the Home tab at the top of a Word document; usually a yellow underline button on top left of the menu). (2 points each)1. Judicial review isa. The practice of a common law court determining the wisdom of a statutory lawb. The practice of a court determining the constitutionality of a statute or other state-sanctioned act/practicec. The practice of a legislature reviewing a court’s decisions to determine their constitutionalityd. The practice of the executive branch reviewing the qualifications of a potential nominee to the Supreme Court.2. The predecessor to the U.S. Constitution wasa. The Bill of Rightsb. The Magna Chartac. The Federalist Papersd. The Articles of Confederation3. Which jurisprudential theory contends that the Constitution’s meaning changes over time in order to reflect the constantly changing needs of society?__________________________________4. Article VI of the U.S. Constitution contains a clause that provides for a hierarchy of legal authority, wherein the Constitution trumps conflicting federal laws, and federal laws trump conflicting state laws. What is this constitutional clause called?__________________________________5. What case does the Bork/Troy article identify as the real “turning point” in commerce clause jurisprudence?a. Gibbons v. Ogdenb. McCulloch v. Marylandc. Champion v. Amesd. Wickard v. Filburn6. An existing legal standard, to which a court looks for guidance when making a determination of a legal question is called aa. Precedentb. Ex post facto lawc. Regulatory lawd. None of the above7. Article I of the U.S. Constitution creates what institution?_____________________________8. Article III of the U.S. Constitution created all federal courts.True False9. In Federalist No. 10 Madison argues that the existence of factions is generally beneficial for society.True False10. The Federalist Papers were authored by__________________________________________________________________________________________11. How many justices total are on the current U.S. Supreme Court?______________12. The division of sovereignty in the American system, where power is divided between the state and national governments, is known as______________________13. Article I, Section 8 of the U.S. Constitution enumerates the ________________ of Congress.14. The Federalist Papers provided argumentsa. Favoring the Constitutionb. Opposing the Constitutionc. Advocating amendments to the Constitutiond. None of the above15. Under the U.S. Constitution, senators serve terms of _________ years.16. Under the U.S. Constitution, the Presidency is the only office elected through this institution: _____________________________17. The U.S. Constitution assigns the President what role in the legislative process?18. In the hierarchy of legal authority established under the U.S. Constitution, which prevails?a. A federal statute over a contrary state lawb. A state law over a contrary federal statutec. A federal regulation over a contrary federal statuted. A municipal ordinance over a contrary state law19. Which article of the U.S. Constitution created the Supreme Court?20. Which entities play a constitutional role in the formation of treaties?a. President and House of Representativesb. President and Senatec. President aloned. House and Senate alone21. The U.S. Supreme Court is able to review state supreme court decisions that involve federal or constitutional issues.True  False22. The intermediate courts of appeal in the federal system are calleda. Superior Courts of Appealb. Circuit Courts of Appealc. Federal Courts of First Instanced. Appellate Division Courts23. The federal trial court is calleda. District courtb. Superior courtc. Municipal courtd. Standard court24. Federalist No. 78 is concerned with what branch of government?25. In Wickard v. Filburn, how did the Supreme Court define commerce? (Only a one-sentence answer is needed.)26. Wickard v. Filburn limited congressional power under the commerce clause.True False27. The Civil Rights Act of 1964 was enacted under the Commerce Clause power.True  False28. Under the Commerce Clause, Congress may regulate:a. The use of the channels of interstate commerceb. The “instrumentalities” (for example, vehicles) used in interstate commercec. Activities that substantially affect interstate commerced. None of the abovee. All of the above29. Under National Federation of Indep. Bus. v. Sebelius (2012), the Court struck down the Medicaid expansion provision becausea. Congress had threatened to deprive states of Medicaid funding if they failed to abide by the expanded programb. Congress had exceeded its Commerce Clause powerc. Congress had exceeded its Tax Clause powerd. None of the above30. The authors of the text on drones argue that states should have the control over all drone activities.True False31. In National Federation of Indep. Bus. v. Sebelius (2012), Chief Justice Roberts wrote an opinion that supports the position that the Commerce Clause does not allow Congress to require individuals to engage in commerce.True False32. Which constitutional clause was cited in the majority opinion of National Federation of Indep. Bus. v. Sebelius (2012) as the basis for Congress’s power to enact the “individual mandate” provision of the Affordable Care Act?a. Commerce Clauseb. Tax Clausec. Spending Claused. Necessary and Proper Clause33. In Chevron v. NRDC (1984) the practice of _________ was at issue.a. Delegation of authority to agenciesb. Federal agencies interpreting statutesc. Judicial deference to agency interpretations of statutesd. All of the above34. In the American federal system agencies are staffed bya. Political appointeesb. Technocratsc. Career employeesd. All of the above35. In Chevron the Court helda. Regardless of the intent of Congress the Court will always defer to an agency’s interpretation of a statuteb. If the statute is silent or ambiguous, then the Court must determine whether the agency has rendered a permissible construction of the statutec. The Court will never defer to an agency’s interpretation of a statuted. None of the above36. Woodrow Wilson and Progressives argued for _______________ to play a significant role in government policymaking.37. Which position does Charles Cooper likely support?a. Overturning Chevron v. NRDCb. Increasing federal agencies’ regulatory powersc. Having the Supreme Court play a reduced role in reviewing agency decision-makingd. Decreasing the agency oversight role of Congress38. Environmental law presents a problem well suited to federal responses becausea. Pollution and animals migrate irrespective of state boundariesb. The U.S. Constitution designates environmental problems as exclusively federalc. The states lack state constitutional power to respond to environmental problemsd. None of the above39. Most federal environmental laws are likely premised upon what U.S. Constitutional provision?a. Tax clauseb. Spending clausec. Commerce claused. Presentation clausee. Stewardship clause40. Gwen Arnold contends the real cause of the problems between the EPA and the Corps of Engineers wasa. The concept of cooperative federalismb. The Congress gave both agencies legal authority over wetlandsc. The agencies were staffed with very ideologically different administratorsd. The President failed to appoint permanent senior personnel to each agency41. Judicial review isa. The determination by a court of whether a statute has been properly applied to factsb. The determination by a court of whether a state law violates a federal treatyc. The determination by a court of whether a statute or regulation violates a constitutional provisiond. The determination by a court of whether a state law has been preempted by a federal law42. The President nominates federal judges and the ________________ decides whether to confirm the nomination.43. The Chevron v. NRDC case demonstratesa. Congress rarely delegates policy-making to agenciesb. The federal agencies are integral to the lawmaking function of American federal governmentc. The Supreme Court usually overrules agency interpretationsd. None of the above44. If the federal government were to enact a standard for wetland management that only applied to all states west of the Rockies, what argument might those states make in federal court against such a standard? (Give a one-sentence answer.)45. The theory of originalism is best summarized as:a. Constitutional and statutory provisions must be interpreted according to the political beliefs of the judges interpreting them.b. Constitutional and statutory provisions must be interpreted according to the meaning that the drafters of those provisions believed they held.c. Constitutional and statutory provisions must be interpreted according to the generally understood popular meaning of the provisions at the time they were enacted.d. Constitutional and statutory provisions must be interpreted according to the meaning that the terms might have in the current society.46. The case of Shelby County v. Holder was decided usinga. The principle of consolidated sovereigntyb. The principle of equal sovereigntyc. The principle of non-interventiond. The principle of equal federalism47. In Shelby County v. Holder the majority reasoned that states that had been required to seek pre-approval for voting system changes werea. Being judged under a standard that was unfairb. Being judged under a formula that no longer applied, as the conditions upon which the formula were based had significantly changedc. Being judged under a formula that violated the Equal Protection Clause of the Fourteenth Amendmentd. Being judged under a standard that violated the Due Process Clause of the Fifth Amendment48. Under the proposed REINS Act, what is the dollar amount threshold for congressional action?49. The proposed REINS Act is a response toa. Perceptions of congressional overreach in powerb. Perceptions of federal agency overreach in powerc. Perceptions of judicial overreach in powerd. Perceptions of federal agencies’ lack of power to reach their objectives50. Ilya Somin contends that the Roberts Court is best explained through an understanding of the ideological left-right divide of partisan politics.True FalseShort Answer:Givereasonsfor each answer,citing(name and page number) assigned course materials when applicable.  TYPE YOUR ANSWER, FOLLOWING EACH QUESTSION, ON THIS DOCUMENT. SAVE YOUR WORK AND BACK IT UP FREQUENTLY!(10 points each)1. Hamilton considered the Supreme Court the “least dangerous branch”. Was he correct? Why or why not? (Make a brief argument, citing only course materials in support.)2. What Federalist Paper we read has relevance to the interactions detailed in Gwen Arnold’s article on the EPA and Corps of Engineers? How does that Federalist essay help us understand the EPA-Corps interaction? (Cite only course materials in support of your argument.)3. Using the readings in this course, what are some of the problems – both political and legal – presented by federal administrative agency governance? How has the Supreme Court responded to these problems? Has the judiciary fulfilled the mission of Federalist No. 78? (Make a brief argument, citing only course materials in support.)4. (The following is not a real case.) The U.S. Supreme Court interprets the Due Process Clause of the Fourteenth Amendment to mean that not only is abortion not constitutionally protected, but the word “life” actually requires an affirmative duty of the state to prevent abortions from occurring. How would you characterize the jurisprudence supporting such a holding and why?Essay Question: Same instructions as above. (20 points)James Madison and Alexander Hamilton have a chance meeting with Doctor Who in 1787. He invites them into his Tardis (his “Time and Relative Dimension in Space” machine) and transports them to today. The Doctor wants to show them what’s become of the nation under the constitution they had proposed and defended in 1787. He hands them copies of the assigned readings in this course, which they read while drinking lattes at a local Starbuck’s.  (Hamilton raves about the Cherry Blossom Frappuccino.)Based on what we know of Madison and Hamilton’s views from the three Federalist papers we’ve read in this course (No.’s 10, 51, and 78), speculate as to what they might say about the federal system in the 20th and 21st centuries referringonlyto the readings assigned in this course. [Do NOT exceed 1,000 words in your answer.]

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