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Exam 11: Law, Social Change, and the Class Struggle

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Question 31

Multiple Choice

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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

E) None of the above
F) B) and D)

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Question 32

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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

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Question 33

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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.

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

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

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.

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

Adherents of a "living" Constitution tend to be:

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

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

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.

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.

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

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

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

The Scott v. Sandford decision:

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

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

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

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