Exam 2: Constitutional Foundations

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List and evaluate three ways in which changes in technology have altered the nature of American constitutional democracy.

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The important contribution that the framers of the Constitution made to the principle of separation of powers was to divide powers but also overlap them so that no institution could take decisive action on its own.

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Define judicial review and explain how it is a judicial check on the other branches.

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According to James Madison in The Federalist, No.47, " ...the accumulation of all powers, legislative, executive, and judiciary, in the same hands ...may justly be pronounced the very definition of ____________________."

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The Chief Justice of the Supreme Court at the time of the Marbury v.Madison (1803) case was Thomas Jefferson.

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Presidential refusal to allow an agency to spend funds that Congress authorized and appropriated is called

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Identify two ways in which constitutional amendments have increased the authority of the national government.

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Describe the process for amending the Constitution.List the difficulties encountered at each step, and evaluate their advantages and disadvantages.

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Natural law is law that defines right from wrong and is viewed as being higher than human law.

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The United States has the world's oldest written constitution.

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Constitutional amendments may be proposed at a convention called by Congress at the request of the legislatures in two-thirds of the states.

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Many state constitutions are easier to amend, and have undergone more changes, than the U.S.Constitution.

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During the Revolutionary period, legislatures

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Identify ways in which the power of the president has expanded beyond those listed in the Constitution.

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The Constitution was purposely made difficult to amend.

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The framers of the Constitution wanted to establish a government strong enough to enforce national interests but not so strong as to destroy individual liberty.

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Divided government

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Law that is higher than human law is dubbed _____ law.

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Identify potential problems with both the originalist and adaptive approaches to constitutional interpretation.

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Explain what it means that constitutional amendments must be ratified in "a reasonable time." What has this meant in practice for specific amendments?

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