Ch.11 Law, Social Change, And The Class + Verified Test Bank

CHAPTER 11

LAW, SOCIAL CHANGE, AND THE CLASS STRUGGLE

MULTIPLE CHOICE QUESTIONS

1. According to the text, small and isolated cultures are like small and isolated gene pools-they tend toward:

a. normality

b. comfort

c. equilibrium

d. change

2. Which of the following describes the law as a cause of social change?

a. historically, the law has played only a minor role in social change

b. the role of law has increased hugely over the past two centuries

c. at times, the law, as an independent source of power, functions as the instrument of social change

d. all of the above

3. There is a tendency to view law as a _______________ to change because it consists for the most part of norms and customs that have been codified.

a. drive

b. barrier

c. reaction

d. dependent

4. The United States today is a _______________ stew of many different cultural traditions and customs.

a. homogenous

b. homoplastic

c. homologous

d. heterogeneous

5. Law based on universalistic principles of justice, not the customs of one particular subset of society that are defended by _______________, should regulate social behavior.

a. positive law

b. natural law

c. cultural law

d. pluralist law

6. According to the text, we must remember that law is not a(n) _______________ phenomenon; it is an integral and inextricable part of culture and society.

a. reciprocal

b. isolated

c. natural

d. positive

7. It may be considered that the role of law in social change is to be most often _______________ rather than causative; that is, it serves as a conduit guiding the progress of some reform that is already in the works for other reasons.

a. continuous

b. reciprocal

c. natural

d. facilitative

8. Charles Tilly (2004) makes a case for which American event as a series of small social movements for limited reforms being largely ignored until they coalesced into violent revolution?

a. Civil War

b. Battle of the Alamo

c. American Revolution

d. Vietnam War

9. Once a social movement is observed successfully making its rights claim, other previously silent groups are aroused in what has been called a(n) _______________ effect.

a. movement

b. antipathy

c. contagion

d. social change

10. What functions to legitimize change, to smooth the way, and to grease the squeaky wheels of opposition to change?

a. social change

b. activism

c. norms

d. law

11. Which British act was designed to eliminate illegal trade of a specific product between the colonies and the French and Spanish West Indies?

a. Sugar Act

b. Proclamation Act

c. Mutiny Act

d. Stamp Act

12. Which of the following famous slavery cases may have been instrumental in propelling the more reluctant southern states into revolution?

a. Scott v. Sandford

b. Somerset v. Stewart

c. Joseph Knight v. Wedderburn

d. both b and c

13. Which event established the principle that the English constitution, not the monarch, was sovereign?

a. American Revolution

b. Glorious Revolution

c. the Crusades

d. Monmouth Rebellion

14. According to the text, a student of the history and political development of the United States is well advised to study:

a. the U.S. Constitution

b. its laws

c. political science

d. history

15. There have been ___________ Soviet constitutions since 1918.

a. one

b. three

c. five

d. seven

16. The 27 amendments to the U.S. Constitution have occurred over more than ___________ years.

a. 100

b. 150

c. 200

d. 250

17. Soviet leaders went to great lengths to make Soviet policy-making conform to ___________ processes so that their social experiments would be perceived in the West as legitimate.

a. formal irrationality

b. formal rationality

c. substantive irrationality

d. substantive rationality

18. The use of vague concepts like “counter-revolutionary” and “enemy of the people” allowed the Soviets to create “instant” offenses not designated as crimes in any penal code which, under the common law concept of ___________, is an expressly forbidden practice.

a. mens rea

b. legalism

c. corpus delecti

d. ex post facto

19. The Soviets were committed to destroying the "_______________ family," declaring it was based on the "paternalistic" notion of property-based marriage that exploited women.

a. bourgeois

b. political

c. legal

d. special

20. Law is a much more efficient instrument of social control and social change if it relies on _______________ rather than brute coercion.

a. legitimacy

b. activism

c. norms

d. values

21. According to the text, what is the ultimate legal authority in the United States?

a. U.S. Supreme Court

b. U.S. Congress

c. the president

d. state governments

22. Which of the following is a constraint that limits the U.S. Supreme Court’s ability to produce significant social change?

a. the bounded nature of constitutional rights

b. the Court lacks the necessary independence from other branches of government

c. the Court lacks the tools to develop policies and implement decisions for significant change

d. all of the above

23. Under the constrained view, which constraint can be overcome by ample case precedent in the general direction of the proposed change?

a. the bounded nature of constitutional rights

b. the Court lacks the necessary independence from other branches of government

c. the Court lacks the tools to develop policies and implement decisions for significant change

d. the Court is free of election concerns

24. Rosenberg (1991) argues that social and political events are more salient and that courts have a(n) _______________ effect on change.

a. indirect

b. canonical

c. anti-canonical

d. legitimate

25. What type of U.S. Supreme Court decisions are reviled and widely considered to have been decided wrongly?

a. indirect

b. anti-canonical

c. legitimate

d. canonical

26. Weber (1968) used which term to refer to the legitimate power to gain compliance with rules despite the lack of objective means to compel it?

a. power

b. legitimacy

c. authority

d. jurisprudence

27. ____________ has a powerful hold on the psychology of people; they obey this type of authority because it is often invested with a kind of quasi-divine inspiration and perhaps because "it has always been there."

a. tradition

b. charisma

c. rational-legal

d. monarchical

28. The refusal of the U.S. Supreme Court to allow television cameras behind the "purple curtain," their refusal to grant interviews, and their affected, haughty, and imperious demeanor all contribute to that special impression of priestly:

a. rationality

b. traditionalism

c. charisma

d. otherworldliness

29. The U.S. Supreme Court did not assert the power of judicial review until Chief Justice John Marshall explored the Court's power in this regard in which case?

a. Marbury v. Madison

b. Chisolm v. Georgia

c. Marbury v. Massachusetts

d. Chisolm v. North Carolina

30. What asserts that judges must not place their own interpretations on the U.S. Constitution, even if by adhering to this philosophy the consequences would be personally abhorrent to them?

a. judicial activism

b. strict constructionism

c. judicial plutocracy

d. strict moralism

31. Strict constructionists look for "_____________," meaning that they will peruse relevant material in an effort "to discover what the collective intention of the Framers was on disputed matters of interpretation".

a. original activism

b. original change

c. original relevance

d. original intent

32. Strict constructionists believe that any stance other than strict constructionism leads to:

a. strict moralism

b. judicial activism

c. social change

d. judicial moralism

33. What is often viewed as synonymous with the point of view that the U.S. Constitution should be a "living, breathing document"?

a. judicial moralism

b. judicial activism

c. strict moralism

d. social change

34. Adherents of a "living" Constitution tend to be:

a. liberals

b. conservatives

c. moderates

d. libertarians

35. What makes constitutions "____________" is the fact that they are collections of documents and traditions added to over the centuries, and their flexibility makes them quickly responsive to evolving conditions and concerns.

a. active

b. written

c. living

d. change

36. Democratic governments everywhere have encouraged all of the following EXCEPT:

a. the formation of trade unions

b. the local control of police and militia

c. the regulation of business

d. a progressive income tax

37. What was the six-month-long armed insurrection among Massachusetts farmers that was led by a Revolutionary War veteran that occurred just prior to the signing of the Constitution in 1787 and is thought to have crystallized the anti-democratic sentiments of the Framers?

a. Shays' Rebellion

b. Bacon's Rebellion

c. Nat Turner's Rebellion

d. Sagebrush Rebellion

38. Which clause of the U.S. Constitution, forbidding states to pass any laws "impairing the obligation of contracts," has the U.S. Supreme Court relied heavily upon in its battle to protect the economic elite from the demands of workers?

a. Article I, Section 10

b. Article I, Section 11

c. Article II, Section 10

d. Article II, Section 11

39. Which amendment was viewed by the U.S. Supreme Court as requiring state conformity with the Bill of Rights in economic matters?

a. Fourteenth

b. Eleventh

c. Tenth

d. Seventh

40. What was the name given to the army of unemployed workers who marched on Washington demanding job creation in the 1890s?

a. Kidd's Army

b. Coxey's army

c. Hayes' Army

d. Machinist's Army

41. Passed by Congress in 1890, which act was designed to place controls on business?

a. Wagner Act

b. Sherman Antitrust Act

c. Norris-La Guardia Act

d. Agricultural Adjustments Act

42. In which case did the U.S. Supreme Court rule that the Sherman Act controlled only commerce, that manufacturing was not commerce, and that therefore manufacturing monopolies did not violate the act?

a. United States v. E. C. Knight

b. Adair v. United States

c. Fletcher v. Peck

d. In re Debs

43. What are contracts forced on employees requiring them to promise not to join a union as a condition of employment?

a. collective contracts

b. cooperative contracts

c. yellow dog contracts

d. conjunctive contracts

44. In which case did the U.S. Supreme Court strike down federal legislation aimed at child labor reform, which would have cost business dearly, on the grounds that the law went beyond congressional power to regulate interstate commerce?

a. Adkins v. Children's Hospital

b. Schechter Poultry Corp. v. United States

c. Loewe v. Lawlor

d. Hammer v. Dagenhart

45. In which case did the U.S. Supreme Court strike down an act of Congress setting minimum wages for women and children as an unconstitutional violation of freedom of contract?

a. Hammer v. Dagenhart

b. Adkins v. Children's Hospital

c. Louisville Bank v. Radford

d. Schechter Poultry Corp. v. United States

46. Although the courts have since reasserted this power, under which 1932 act did Congress strip the federal courts of their power to issue injunctions against labor unions engaged in labor disputes?

a. Norris-La Guardia Act

b. Sherman Antitrust Act

c. Agricultural Adjustments Act

d. Wagner Act

47. Which act legalized labor unions and required employers to engage in good-faith collective bargaining?

a. Agricultural Adjustments Act

b. Norris-La Guardia Act

c. Sherman Antitrust Act

d. Wagner Act

48. In which 1937 case did the U.S. Supreme Court declare the Wagner Act constitutional?

a. Pollock v. Farmer's Loan and Trust Company

b. National Labor Relations Board v. Jones and Laughlin Steel Corporation

c. National Labor Relations Board v. Bildisco & Bildisco

d. Allied Structural Steel v. Spannous

49. Which case is NOT among the important cases heard by the U.S. Supreme Court in 1895 in which the Court struck blows to each of the three principle reform activities employed by democratic governments everywhere?

a. Pollock v. Farmer’s Loan and Trust

b. United States v. Butler

c. In Re Debs

d. United States v. E. C. Knight

50. According to the text, legal and political equality are natural equalities due to us by virtue of our:

a. society

b. humanity

c. abilities

d. intelligence

51. According to the text, _____________ is unfair, since under the principles of distributive justice "superior" people will receive more benefits as a result of being blessed with a natural superiority they did nothing to deserve.

a. capitalist meritocracy

b. capitalist plutocracy

c. capitalist aristocracy

d. capitalist democracy

52. What appeals to our moral sentiments because it is a process by which we expect to "make things right"?

a. sensibility

b. fairness

c. care

d. love

53. A society concerned with ____________ knows that nature does not produce a state of equality, and to try to artificially produce one would involve a powerful state apparatus to force one group (the productive taxpayer) to further the goals of another (the tax consumer) without the former's consent.

a. fairness

b. equality

c. justice

d. liberty

54. In which case did the U.S. Supreme Court set the stage for its jurisdiction over state legislatures, an exercise in power stoutly resisted by the states?

a. Fletcher v. Peck

b. Pollock v. Farmer's Loan and Trust Company

c. Allied Structural Steel v. Spannous

d. Martin v. Hunter's Lessee

55. In which case did the U.S. Supreme Court rule that under Article VI of the U.S. Constitution, the Court had the final word over all federal and state courts, a decision that was to become the keystone of federal judicial power?

a. McCulloch v. Maryland

b. Pollock v. Farmer's Loan and Trust Company

c. Gibbons v. Ogden

d. Martin v. Hunter's Lessee

56. In which case did the U.S. Supreme Court rule that Congress could charter a national bank and that the individual states could not tax it, thus providing for an instrument of national economic stability while at the same time limiting the sovereignty of the states vis-à-vis the federal government?

a. Gibbons v. Ogden

b. Fletcher v. Peck

c. McCulloch v. Maryland

d. Engel v. Vitale

57. The Scott v. Sandford decision:

a. caused the Civil War

b. declared the Missouri Compromise unconstitutional

c. held that slavery was unconstitutional

d. split the Republican Party and gave the 1860 election to the Democrats

58. The U.S. Supreme Court became a major catalyst of social change under the leadership of which chief justice from 1953 to 1969?

a. Earl Warren

b. Warren Burger

c. John Marshall

d. Roger B. Taney

59. Which U.S. Supreme Court case is canonical and has been called "the single most honored opinion in the Supreme Court's opus"?

a. Brown v. Board of Education of Topeka

b. Engel v. Vitale

c. Gibbons v. Ogden

d. McCulloch v. Maryland

60. In which case did the U.S. Supreme Court ban prayer in public schools?

a. West Coast Hotel Co. v. Parrish

b. McCulloch v. Maryland

c. Gibbons v. Ogden

d. Engel v. Vitale

TRUE/FALSE QUESTIONS

1. Social change may be defined as any relatively enduring alteration in social relationships, behavior patterns, values, norms, and attitudes occurring over time.

a. True

b. False

2. Norms and customs, almost by definition, are resistant to fracture.

a. True

b. False

3. There is an isolated relationship between law and social change.

a. True

b. False

4. Once a social movement is observed successfully making its rights claim, other previously silent groups are aroused in what has been called a contagion effect.

a. True

b. False

5. The Mutiny Act required colonists to provision and maintain the British army.

a. True

b. False

6. As discussed in the book, the Soviets used law to force social change.

a. True

b. False

7. The Articles of Confederation has served as a set of guiding principles for the role of law in social change throughout American history.

a. True

b. False

8. In the Soviet Union, legal decisions often were made by lower courts on an ad hoc basis to conform to the will of the Communist Party.

a. True

b. False

9. One of the Soviet Union's most significant attempted changes involved the family.

a. True

b. False

10. The president is the ultimate source of law in the United States.

a. True

b. False

11. Under the constrained view, only a limited number of issues can come before the U.S. Supreme Court because the Court lacks the necessary independence from other branches of government.

a. True

b. False

12. U.S. Supreme Court decisions that are anti-canonical are reviled and widely considered to have been decided wrongly.

a. True

b. False

13. Legitimacy is the ability to command compliance with rules despite the lack of objective means to compel it.

a. True

b. False

14. Weber (1968) used the term "authority" to refer to the legitimate power to gain compliance with rules despite the lack of objective means to compel it.

a. True

b. False

15. The U.S. Supreme Court enjoys rational-legal, charismatic, and traditional authority.

a. True

b. False

16. Charismatic authority is derived from rules rationally and legally enacted.

a. True

b. False

17. A strict constructionist believes that moral concerns are the business of the courts.

a. True

b. False

18. Judicial activism is looking for the Framer's “original intent”.

a. True

b. False

19. Strict constructionism tend to be political conservatives.

a. True

b. False

20. Literally meaning "law not written," a living constitution is usually termed lex non scripta.

a. True

b. False

21. Meritocracy is defined as the rule of the wealthy.

a. True

b. False

22. The U.S. Supreme Court's first use of Article I, Section 10 of the U.S. Constitution was in the In re Debs case.

a. True

b. False

23. Coxey's Army was the name given to the army of unemployed workers who marched on Washington demanding job creation in the 1890s.

a. True

b. False

24. In Hammer v. Dagenhart, the U.S. Supreme Court struck down maximum-hours legislation for bakers who were being forced by employers to work up to sixteen hours each day.

a. True

b. False

25. The National Labor Relations Act is also known as the Wagner Act.

a. True

b. False

26. Like John Rawls, Karl Marx also believed that people should not be granted license to benefit from their superior abilities.

a. True

b. False

27. According to Thomas Rawls, the distribution principle states that the most just distribution of wealth maximizes the wealth of the lowest income group.

a. True

b. False

28. Albert Einstein defined idiocy as "doing the same thing over and over and expecting a different outcome".

a. True

b. False

29. In Gibbons v. Ogden, the Marshall Court "set down the classic statement of the doctrine of national authority".

a. True

b. False

30. The U.S. Supreme Court case of Brown v. Board of Education of Topeka is canonical and has been called "the single most honored opinion in the Supreme Court's opus".

a. True

b. False

ESSAY QUESTIONS

1. What is social change? How has the law been a cause of social change?

2. Define what a social movement is. Fully discuss/explain the relationship between social movements, the law, and social change.

3. How has the former Soviet Union impacted the discussion regarding the law and social change?

4. Describe the dynamic and constrained views of the Supreme Court’s power.

5. Define legitimacy. Identify, define, and discuss each of the three specific types of legitimacy and how they relate to the U.S. Supreme Court.

6. What has the U.S. Supreme Court done to impact social change? Have they been largely positive or negative? Explain your answer.