Changes to the Constitution: Amending the Constitution

Which clause gives Congress the right of implied powers? the limitless clause the necessary and proper clause the freedom clause the Congressional powers clause

the necessary and proper clause

Most constitutional amendments are required to be approved by states within ____ years.

7

Which of the following are considered customs and traditions of the United States government even though they are not formally mentioned in the Constitution? i. Cabinet meetings ii. Political parties iii. The House of Representatives and the Senate

Only Cabinet meetings and Political parties

The interpretation of the Constitution as a "living document" is also known as __________. Directionalism Nonoriginalism the Wild Document theory the original intent interpretation

Nonoriginalism

Ratifying an amendment takes __________ of state legislatures or both houses of congress, whereas proposing an amendment requires only __________ of state legislatures or both Houses of Congress. one-third . . . two-thirds three-fourths . . . one-third two-thirds . . . three-fourths three-fourths . . . two-thirds

three-fourths . . . two-thirds

One of the challenges facing the Supreme Court in interpreting the Constitution is that the Founding Fathers intentionally made the document __________ so that it could be a "living document." clear vague wordy instructional

vague

(Essay) Explain the process that a proposal must go through in order to become an amendment to the Constitution.

1. An amendment must first be considered either at a convention of state legislatures or in Congress. 2. The convention or Congress will consider the amendment and vote on it. - if the amendment passes (two-thirds majority), it is an officially proposed amendment. 3. Ratification: In order for the amendment to be ratified (and become an official law of the United States) it must pass Congress or a convention of state legislatures by a three-fourths majority. - If it passes, it becomes law in all states, even those that chose not to ratify the amendment.

Which amendment would strict constructionists look to in order to justify a limited interpretation of the Constitution? 8th Amendment 10th Amendment 14th Amendment 25th Amendment

10th Amendment

Although there is no strict time limit for ratifying an amendment, __________ years is generally accepted as a reasonable timeframe for ratification. 7 10 16 21

7

The opinion below would most likely be voiced by which of the following modern Supreme Court justices? "If the Constitution does not explicitly give a right to the federal government, than the federal government does not have that right." Clarence Thomas Sandra Day O'Connor Ruth Bader Ginsburg Thomas Jefferson

Clarence Thomas

History of Constitutional amendments in the United States Considered? Over 10K, 20K, or over 30K Passed? 300, 33, 27, or 23 were put to a vote Ratified? 23, 27, 2300, 33 were ratified

Considered - Over 10,000 Passed - 33 amendments were put to a vote Ratified - 42 amendments were ratified

Which of the three branches of government interpret the Constitution?

Judicial

Which Supreme Court case established the principle of judicial review? Roe v. Wade Marbury v. Madison Plessy v. Ferguson Brown v. Board of Education of Topeka, Kansas

Marbury v. Madison

(Essay) Presidents Tyler and Jefferson both made executive decisions that extended the power of the presidency. Describe the decisions they made and how they enhanced the original power of the office.

President Jefferson enhanced the power of the president when he decided to complete the Louisiana Purchase in the early nineteenth century. - Even though the right to purchase land was not granted by the Constitution, he knew it was critical for the US to buy land because it would double the size of the US and increase the wealth. President Tyler assumed the presidency after the death of President William Henry Harrison, even though the Constitution didn't give him the right to. - Later, the 25th Amendment would officially make the vice president second-in-command and the rightful successor to the presidency.

Which of the following justices was a well-known loose constructionist? Sandra Day O'Connor Clarence Thomas George Washington Thomas Jefferson

Sandra Day O'Connor

Justice Clarence Thomas believes in Originalism when interpreting the Constitution. Which of the following BEST describes his interpretation of the Constitution? The Constitution is a living document. The Constitution is less powerful than state law. The Constitution's meaning is fixed and does not change over time. The Constitution is not meant to be interpreted by a federal court, but rather by local and state courts.

The Constitution's meaning is fixed and does not change over time.

(Essay) Describe the elastic clause in the Constitution and give an example of how Congress uses it today.

The elastic clause is an implied power given to Congress that allows the chambers to stretch their powers to cover and make laws on many different topics. An example of Congress using this power is the passage of the Patient Protection and Affordable Care Act. The Constitution does not discuss the issue of health care for Americans, however Congress passed the law based on the needs seen in society, saying the new law was necessary and proper.

(Essay) Describe the differences between loose constructionists and strict constructionists.

The terms "loose" and "strict" constructionists are used to identify two types of Supreme Court justices. The term loose constructionist is used to identify a justice who believes that the Constitution is a living document meant to be interpreted in light of modern ideas and issues. A strict constructionist, also known as an Originalist, believes the Constitution should be interpreted in light of the time it was ratified. One of the main disagreements between the two is over the power of the federal government and states' rights.

Which explains why six proposed amendments to the Constitution have not become law? They were not ratified by two-thirds of state legislatures. They were not ratified by three-fourths of state legislatures. They were struck down by the Supreme Court. They were vetoed by the executive branch.

They were not ratified by three-fourths of state legislatures.

Which of the following is a historical example of a United States president expanding the powers of office based on a decision rather than a power provided in the Constitution. President William Jefferson Clinton's election to a second term as president. Thomas Jefferson completing the Louisiana Purchase. President William Henry Harrison's short term as president. The passage of the Patient Protection and Care Act by Congress while President Obama was in office.

Thomas Jefferson completing the Louisiana Purchase.

(T/F) When an amendment is ratified by two-thirds of Congress and three-fourths of state legislatures, it becomes part of the federal Constitution, and all states—even those that did not ratify the amendment—must follow the laws in the new amendment.

True

The main way constitutional amendments are proposed is by ___. a convention requested by a majority of state legislatures. a convention requested by the three branches of government. a vote of three-fourths of both chambers of Congress. a vote of two-thirds of both chambers of Congress.

a vote of two-thirds of both chambers of Congress.

Which of the following BEST fits the definition of loose constructionism? a strict understanding of powers granted to the federal government a belief that states laws are always more powerful than the Constitution an expansive understanding of powers granted to the federal government a belief that the Constitution should never be used to interpret modern political issues

an expansive understanding of powers granted to the federal government

(Essay) Describe how the cases of Plessy v. Ferguson (1896) and Brown v. Board of Education of Topeka, Kansas (1954) illustrate how a Supreme Court's interpretation of the Constitution can change over time.

both dealt with the concept of "separate but equal." In 1896 (Plessy v. Ferguson), the Supreme Court ruled that racial segregation was constitutional as long as everyone had rights to equal facilities - This meant cool water fountains for whites and warm hose for African Americans In 1954, in the case of Brown v. Board of Education of Topeka, Kansas, the Supreme Court, composed of all new justices, overturned the constitutionality of separate but equal and deemed it unconstitutional. These cases go to show that the interpretation of the Constitution can change with social views of the time and often depends on who is in the Supreme Court at the time.

The necessary and proper clause of the Constitution is better known as the __________ clause. elastic stretchy bending rubber band

elastic

In the case of Plessy v. Ferguson, the Supreme Court focused its decision on the interpretation of the word __________. proper equal constructionism necessary

equal

Vice President Tyler assumed the presidency after the death of President William Henry Harrison using the __________ powers clause of the Constitution, though later the __________ Amendment would state that in the "case of the removal of the president from office or of his death or resignation, the vice president shall become president." unlimited . . . 14th interpreted . . . 16th interested . . . 23rd implied . . . 25th

implied . . . 25th

The two primary methods of interpreting the Constitution are to look at the document's __________ when it was composed and its construction as a __________ that can be changed. original intent . . . living document original intent . . . amendment signatures . . . guideline paper . . . meaning

original intent . . . living document

Which of the following was formed due to customs and traditions? equality for all political parties the Bill of Rights the executive branch

political parties

Plessy v. Ferguson (1896) and Brown v. Board of Education of Topeka, Kansas (1954) illustrate how the same Constitutional issue of __________ was interpreted differently over time. slavery state sovereignty separate but equal separation of church and state

separate but equal

Textualism, also known as literalism, is a __________ form of interpreting the Constitution. elastic Nonoriginalist loose constructionist strict constructionist

strict constructionist

Strict constructionists and loose constructionists disagree most on which of the following topics? presidential succession the allotment of state and local powers the allotment of federal and state powers the implementation of government-run health care

the allotment of federal and state powers

Which of the following is NOT a characteristic of loose constructionism? equal protection for all using the literal meaning of the Constitution a wide, expansive understanding of federal powers necessary and proper adjustments to the Constitution

using the literal meaning of the Constitution