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JMC 2600 MIDTERM EXAM QUESTIONS WITH VERIFIED ANSWERS

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JMC 2600 MIDTERM EXAM QUESTIONS WITH VERIFIED ANSWERS

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JMC 2600 MIDTERM EXAM QUESTIONS WITH
VERIFIED ANSWERS

(1588-1679) Began a new defense of absolutism (the theory that concentrates
sovereignty, power and rights in the monarch) not rooted solely in divine right.
•In the state of nature, lives are "solitary, poor, nasty, brutish and short."
•Social contract - when we formed societies, we ceded control to the sovereign to
protect us from violent death. - Answers - Thomas Hobbes

(1509-1564) If the tyrant violates the contract between God and his people, the people
have a right to resist, and even to tyrannicide. - Answers - John Calvin

(1608-1674) Considered himself a sincere believer, but his views often challenged the
Puritan establishment. (divorce should be permitted for reasons of incompatibility) -
Answers - John Milton

(1651) Rigorously argues that civil peace and social unity are best achieved by the
establishment of a commonwealth through social contract. Hobbes's ideal
commonwealth is ruled by a sovereign power responsible for protecting the security of
the commonwealth and granted absolute authority to ensure the common defense. -
Answers - Leviathan

(1632-1704)
•The state of nature is mostly harmonious, and individuals exist in a state of equality,
governed by the law of nature.
•People will nevertheless pursue self-interest, which is why we need to establish
governments.
•Government should be independent of fractious interest, and limited in scope. -
Answers - John Locke

(1712-1778)
•Building on the notion of the social contract, he argued that freedom is the natural state
of man, but that they surrender some of this freedom for protection.
•How should we negotiate this compromise?: To help answer this, he articulated the
concept of the general will. - Answers - Jean-Jacques Rousseau

(1734)
•Andrew Hamilton defends.
-Argues against precedent.
-Wins decision from jury despite judge's instructions.
•No change in the law.
•Made seditious libel cases
potentially embarrassing.
•Government begins to see

, seditious libel cases as risky,
and stops pursuing them. - Answers - Zenger Trial

favored a strong central government, and distrusted "the common man." - Answers -
Federalists

wanted more local control, and favored a more populist approach - Answers -
Republicans

Allowed for the detention of anyone who "shall write, print, utter or publish...any false,
scandalous, and malicious writing or writings against the government of the United
States [or President or Congress]...with intent to defame them, or to bring them into
contempt or disrepute; or to excite against them the hatred of the good people of the
United States." - Answers - The Sedition Act of 1798

a government prohibition on the distribution of materials - Answers - Prior restraint

orders a government official to perform ministerial duties properly - Answers - writs of
mandamus

Expanded the number of federal judges - an attempt to expand the power of the courts
and Federalist influence. - Answers - The Judiciary Act of 1801

(1801) Appointed 16 federal circuit judges and 42 justices of the peace two days before
vacating the presidency - Answers - John Adams

Review by the US Supreme Court of the constitutional validity of a legislative act. -
Answers - Judicial review

(1803) The court ruled that Marbury had a right to his commission, but that the court did
not have the power to force Madison to deliver it.
•Also claimed that the court had the right to invalidate laws if they deviate from the
constitution (such as the Judiciary Act of 1789).
•In doing so, Marshall and the court established judicial review. - Answers - Marbury v.
Madison

Prohibited (1) anyone to "cause or attempt to cause insubordination, disloyalty, mutiny
or refusal of duty." (2) the mailing of materials deemed by the postmaster general to be
"containing any matter advocating or urging treason, insurrection, or forcible resistance
to any law of the United States." - Answers - Espionage Act of 1917

•Postmaster General Albert Burleson designated the August, 1917 issue of The Masses
un-mailable according to the provisions of the
Espionage Act, arguing that its contents attempted "to cause insubordination, disloyalty,
mutiny, or refusal of duty."

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