NAEP Civics Grade 12 - Question List

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11.

"The statute necessarily interferes with the right of contract between the employer and employees.... The general right to make a contract...is part of the liberty of the individual protected by the Fourteenth Amendment.... Under that provision, no State can deprive any person of life, liberty, or property without due process of law. The right to purchase or sell labor is part of the liberty protected by this amendment...." -- Justice Peckham, delivering the majority opinion of the Court

"It is plain that this statute was enacted in order to protect the physical well-being of those who work in bakeries.... The statute must be taken as expressing the belief of the people of New York that, as a general rule, labor in excess of sixty hours a week...may endanger the health of those who thus labor.... Our duty, I submit, is to sustain the statute as not being in conflict with the Federal Constitution." -- Justice Harlan, in his dissenting opinion

What was the effect of the Supreme Court decision in the case of Lochner v. New York?

  1. The power to regulate working hours and conditions was given to the courts
  2. The federal government alone could interfere with the right to make contracts
  3. The law limiting the number of hours people could work was allowed to stand
  4. The law limiting the number of hours people could work was ruled unconstitutional
12.

"The statute necessarily interferes with the right of contract between the employer and employees.... The general right to make a contract...is part of the liberty of the individual protected by the Fourteenth Amendment.... Under that provision, no State can deprive any person of life, liberty, or property without due process of law. The right to purchase or sell labor is part of the liberty protected by this amendment.... -- Justice Peckham, delivering the majority opinion of the Court

It is plain that this statute was enacted in order to protect the physical well-being of those who work in bakeries.... The statute must be taken as expressing the belief of the people of New York that, as a general rule, labor in excess of sixty hours a week...may endanger the health of those who thus labor.... Our duty, I submit, is to sustain the statute as not being in conflict with the Federal Constitution. -- Justice Harlan, in his dissenting opinion

Which of the following arguments supports the majority decision?

  1. The law should be applied to all people equally, without regard to race, creed, or color
  2. Government should play as small a role as possible in civil society and the economy
  3. The Supreme Court should never overturn state laws, since these tend to reflect the will of the majority
  4. There are times when the government will know what is best for individuals, even though the individuals may not agree
13.

"The statute necessarily interferes with the right of contract between the employer and employees.... The general right to make a contract...is part of the liberty of the individual protected by the Fourteenth Amendment.... Under that provision, no State can deprive any person of life, liberty, or property without due process of law. The right to purchase or sell labor is part of the liberty protected by this amendment...." -- Justice Peckham, delivering the majority opinion of the Court

"It is plain that this statute was enacted in order to protect the physical well-being of those who work in bakeries.... The statute must be taken as expressing the belief of the people of New York that, as a general rule, labor in excess of sixty hours a week...may endanger the health of those who thus labor.... Our duty, I submit, is to sustain the statute as not being in conflict with the Federal Constitution." -- Justice Harlan, in his dissenting opinion

Which of the following is the best way to summarize the difference between the two opinions?

  1. Peckham argues for judicial activism to limit government power; Harlan argues for judicial restraint, but for a more active role by government
  2. Peckham argues that legislatures have a role to play in civil society; Harlan argues that such a role should be reserved only for the courts
  3. Peckham emphasizes the power of the states; Harlan emphasizes the power of the federal government
  4. Peckham emphasizes the power of the legislatures; Harlan emphasizes the power of the courts
14. Most democratic countries elect legislatures through one of two types of electoral systems: single-member district or proportional representation. In single-member district systems, citizens in specific areas vote for candidates who represent their districts. In proportional representation systems, citizens in the country vote for political parties. Parties are then awarded seats in the legislature proportionate to the percentage of the vote they have won. In other words, if a party wins 20 percent of the vote, it receives 20 percent of the seats in the legislature. Which of the following is the best argument that a proportional representation system is better than a single-member district system?
  1. In proportional representation systems, elected representatives will be more likely to actively defend the interests of the regions they were elected to represent.
  2. In proportional representation systems, the balance of power in the legislature is more representative of the popular vote.
  3. Proportional representation systems tend to be less bureaucratic.
  4. Proportional representation systems are more likely to promote strong majorities in legislatures.
15.

Most democratic countries elect legislatures through one of two types of electoral systems: single-member district or proportional representation. In single-member district systems, citizens in specific areas vote for candidates who represent their districts. In proportional representation systems, citizens in the country vote for political parties. Parties are then awarded seats in the legislature proportionate to the percentage of the vote they have won. In other words, if a party wins 20 percent of the vote, it receives 20 percent of the seats in the legislature. Which of the following is the best argument that a single-member district system is better than a proportional representation system?

  1. Voters should make choices about individual candidates, as they do in single-member district systems, rather than simply vote for a party
  2. Single-member district systems lead to stronger political parties, which are good for democracy
  3. Single-member district systems are better at representing the interests of minorities
  4. Voters will make wiser choices if they focus on national issues, as they do in single-member district systems, rather than on local issues, as they tend to do in proportional representation systems

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