Civics Tests (4, 5 &6, 7)
What argument was the author of this statement, John Marshall, making about how the Federal Government should function? "It is emphatically the province and duty of the Judicial Department to say what the law is."-John Marshall, Marbury v. Madison, Opinion of the Court a. The judicial branch has the sole authority to establish a federal court system. b. The judicial branch of the Federal Government should have the power to make laws. c. The judicial branch of the Federal Government should have power to interpret laws. d. Only the laws created by the Federal Government, and approved by the Court, have any authority in the federal system.
C.
What is one MAIN difference between the Executive Office of the President and the executive departments? a. The executive departments exist to support the President, while the EOP does not. b. The executive departments function as separate staff agencies, but the EOP does not. c. The EOP exists to support the President, while the executive departments do not. d. The EOP functions as a huge line agency, while the executive departments do not.
C.
What is the difference between original jurisdiction and appellate jurisdiction? a. Original jurisdiction refers to criminal or civil cases; appellate jurisdiction refers to only to civil cases. b. Original jurisdiction refers to a case being heard in a federal court; appellate jurisdiction refers to a case being heard in a State court. c. Original jurisdiction refers to a court where a case is first heard; appellate jurisdiction refers to a case being heard after it was tried in a lower court. d. Original jurisdiction refers to a case that could be heard in a federal or a State court; appellate jurisdiction refers to a case that must be heard in a federal court.
C.
What is the significance of the Supreme Court's decision in the Gibbons v. Ogden case? a. It shaped how the Necessary and Proper Clause has been interpreted since 1819. b. It resulted in the creation of a new statute that became known as the Commerce Clause. c. It resulted in an expansive interpretation of the Commerce Clause. d. It limited Congress's ability to regulate interstate and international trade.
C.
When a Supreme Court justice agrees with the decision reached by the Court in a case, but not with the reasons why the Court made that decision, he or she may choose to write a a. majority opinion. b. unanimous opinion. c. concurring opinion. d. dissenting opinion.
C.
Which of the following describes the actions of a President who subscribes to the stewardship theory of presidential leadership? a. President James Buchanan supports the entry of Kansas into the Union as a slave State, but Kansans vote to be admitted as a free State. b. President Benjamin Harrison signs the Sherman Antitrust Act in 1890 after it is passed by Congress, in an effort to prevent unfair business practices. c. President Lyndon Johnson engineers a congressional resolution giving him nearly unlimited control over American actions in Vietnam. d. President Woodrow Wilson gives a speech before Congress in 1918 in support of granting women the right to vote.
C.
Which statement best explains the oversight function of congressional committees? a. It protects the President from overreach by the Senate and the House. b. It prevents members of the majority party from steamrolling members of the minority party. c. It is one of the checks the legislative branch holds over the executive branch. d. It ensures that the judicial branch interprets laws as the members of Congress intended.
C.
What is a possible avenue through which some cases have reached the Supreme Court? a. A State holds a convention in which the public votes to have a case sent to the Court for review. b. The Court decides to review one of its own earlier cases in order to change or modify its ruling. c. Congress asks the Court to review a proposed or recently passed law to see if it is constitutional. d. The Court issues a writ of certiorari instructing a lower court to send it a case to review.
D.
What is the best summary of this quotation? "Congress has a split personality. On the one hand, it is a lawmaking institution and makes policy for the entire nation. In this capacity, all the members are expected to set aside their personal ambitions and perhaps even the concerns of their constituencies. Yet Congress is also a representative assembly, made up of 535 elected officials who serve as links between their constituents and the National Government. The dual roles of making laws and responding to constituents' demands forces members to balance national concerns against the specific interests of their States or districts."-James M. Burns, et al., Government by the People a. It is impossible for representatives and senators to balance their roles at work along with their home lives. b. The primary purpose of Congress is to serve the interests of the American people. c. Representatives and senators should spend most of their time drafting and passing new laws. d. Members of Congress must balance the interests of their constituencies along with national concerns.
D.
Which criticism of governmental bureaucracy does this cartoon BEST illustrate? (cartoon on #8 on Topics 5 and 6 test) a. The government does not meet the needs of ordinary Americans. b. The government is too large. c. The government has too many employees. d. The government is overly complex and inefficient.
D.
Which of the following is an example of the information that is missing from the chart? (chart on #10 on Topic 7 test) a. An army officer has been accused of striking a superior officer. b. A tourism company is suing the U.S. Virgin Islands over boating fees. c. A rancher wishes to dispute a new tax being levied against his property. d. A group of fishermen is seeking monetary compensation from the U.S. government.
D.
Which statement regarding treaties is TRUE? a. The President must obtain Senate consent before negotiating a treaty. b. It is easier to get Congress to approve a treaty than to pass a joint resolution. c. The most famous treaty approved by Congress was the Treaty of Versailles ending World War I. d. Treaties have the same legal standing as acts of Congress.
D.
Although Congress has not declared war since World War II, the United States has used military force on many occasions since then. What is one explanation for this fact? a. Congress has enacted joint resolutions to authorize the President to use military force. b. The President has used military force without authorization from Congress. c. Congress has authorized the use of military force without the support of the President. d. The President has used executive privilege to authorize the use of military force.
A.
Choose the answer that best completes the chart about how a case gets to the Supreme Court. (chart on #6 on Topic 7 test) a. Sends the case back to the lower court for reconsideration. b. Sends the case to Congress to decide on the legality of the law involved. c. Declares the law involved in the case to be unconstitutional. d. Passes the case on to a higher court.
A.
Read the excerpt from the text and then answer the question. "[Congress can] make all needful Rules and Regulations respecting the Territory . . . belonging to the United States. . . ." Under this act, a case involving a contractor based in Washington, D.C., disputing building regulations in the U.S. Virgin Islands would come under the jurisdiction of which of the following? a. the territorial courts b. the United States Supreme Court c. the United States Tax Court d. the District of Columbia Courts
A.
Read this excerpt from the United States Constitution. "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;" -Article I, Section 8 This section of the Constitution relates to a. the expressed powers of the legislative branch. b. the implied powers of the executive branch. c. the implied powers of the legislative branch. d. the expressed powers of the executive branch.
A.
Read this quotation from the United States Senate website. "The chair of each committee and a majority of its members represent the majority party. The chair primarily controls a committee's business. Each party assigns its own members to committees, and each committee distributes its members among its subcommittees. The Senate places limits on the number and types of panels any one senator may serve on and chair."-The United States Senate What would most likely happen in the wake of the Democrats taking over the Senate from the Republicans after an election? a. Both the chairs and most of the Republican committee members would be replaced by Democrats. b. The chairs would be replaced by Democratic senators while most of the committee members would remain Republican. c. The chairs would be replaced by Republican senators while most of the committee members would remain Democratic. d. Both the chairs and most of the Democratic committee members would be replaced by Republicans.
A.
Unlike a joint committee, a conference committee a. works out a compromise bill between the House and Senate versions of a bill. b. is investigative in nature. c. is set up to serve a temporary purpose. d. is composed of members of both houses.
A.
What did Hamilton mean when he made the following statement? "Laws are a dead letter without courts to expound and define their true meaning and operation." -Alexander Hamilton a. For laws to be effective, there must be courts to interpret them consistently. b. For laws to be effective, there must be courts to make them known to citizens consistently. c. Laws that are not obeyed should be repealed by the courts. d. Laws that are not obeyed should be enforced by the courts.
A.
Which statement BEST characterizes the implied powers of the Federal Government? a. They are sensible assumptions that are made based on the expressed powers. b. They are part of the amendments that have been added to the Constitution since 1789. c. They are the consequences of making the American government federal in form. d. They are explicitly given to Congress in the United States Constitution.
A.
Why did the Constitution provide for two separate court systems? a. to maintain a balance of power between the Federal Government and the States b. to establish the federal court system as having more power than State courts c. to strengthen the balance of power between the three branches of Federal Government d. to keep the federal court system from being overwhelmed
A.
The photo shows President Ronald Reagan with some U.S. troops. (photo on #2 on Topics 5 and 6 test) Which presidential role does this photograph illustrate? a. the President as chief economist b. the President as commander in chief c. the President as chief administrator d. the President as chief of state
B.
This cartoon uses the label "Born to command" to describe President Jackson's approach to the presidency. Which of the following labels might be used to describe a President who subscribes to the Whig theory of presidential leadership? (cartoon on #15 on Topics 5 and 6 test) a. "Born to trample on the Constitution" b. "Born to follow Congress's lead" c. "Born to imitate President Roosevelt" d. "Born to serve only one term"
B.
In the 1960s, President John F. Kennedy directed his military adviser, General Maxwell Taylor, to refuse to testify before a congressional committee examining the Bay of Pigs affair. This is an example of the use of which presidential power? a. pardoning power b. veto power c. executive privilege d. ordinance power
C.
Charles Evans Hughes said dissenting opinions were "an appeal to the brooding spirit of the law, to the intelligence of a future day." What did he mean? a. Justices who dissent are considering the precedents set by past decisions. b. Justices who dissent may think that future generations will see the issue differently. c. Justices who dissent often feel angry about how the majority of the Court interprets the law. d. Justices who dissent are less intelligent than the majority of the Court.
B.
Former President Bill Clinton was very helpful to President Obama during his 2012 campaign for reelection. Why does the cartoonist say that the President can repay Clinton for his help by repealing the 22nd Amendment? (cartoon on #12 on Topics 5 and 6 Test) a. Repealing the 22nd Amendment would repay Clinton because it would enable him to serve in the Cabinet. b. Repealing the 22nd Amendment would repay Clinton because it would allow him to run for President a third time. c. Repealing the 22nd Amendment would repay Clinton because it would raise his salary. d. Repealing the 22nd Amendment would repay Clinton because he could help President Obama in the next four years.
B.
In the federal system, a district court has the power to a. determine if a lower court made an unconstitutional ruling on a case. b. exercise original jurisdiction over a federal case. c. retry a case that was first decided by a State court. d. apply appellate jurisdiction to a federal case.
B.
Read the quotation from Alexander Hamilton. ". . . the true test of a good government is its aptitude and tendency to produce a good administration." -Alexander Hamilton, The Federalist, No. 76 To what does Hamilton MOST LIKELY refer when he writes of "a good administration"? a. the judicial branch b. the executive branch c. the legislative branch d. the State governments
B.
Read this excerpt from the text about the borrowing power of Congress. "Congress has put a statutory ceiling on the public debt, however. The public debt is all of the money borrowed by the Federal Government over the years and not yet repaid, plus the accumulated interest on that money. That legal ceiling has never amounted to much more than a political gesture, however. Congress regularly raises the limit whenever the debt threatens to overtake it. The public debt is approximately $16 trillion." What is the BEST explanation of the debt ceiling? a. It is an arbitrary limit that has no relation to the amount of money Congress currently owes. b. It can be moved by Congress whenever it seems politically necessary. c. It is an unreachable goal for lowering debt within the Federal Government. d. It primarily relates to money that Congress will borrow and pay in the future.
B.
Read this excerpt from the text. "The Framers of the Constitution intended to create a new and stronger National Government. The ratification of their plan was opposed by many, and that opposition was not stilled by the adoption of the Constitution. Rather, the conflict between the Federalists and the Anti-Federalists continued into the early years of the Republic." What was the ultimate resolution of this conflict in the McCulloch v. Maryland case? A. The strict constructionists prevailed and the implied powers of the Federal Government were cemented and have grown ever since. B. The liberal constructionists prevailed and the implied powers of the Federal Government were cemented and have grown ever since. C. The liberal constructionists prevailed and the implied powers of the Federal Government were curtailed and have lessened ever since. D. The strict constructionists prevailed and the implied powers of the Federal Government were curtailed and have lessened ever since.
B.
Read this excerpt from the text: "In 1952, at the height of the Korean War, a labor dispute threatened to shut down the nation's steel industry and imperil the war effort. To avert a strike, President Harry Truman, acting as commander in chief, ordered the Secretary of Commerce to seize and operate several steel mills. But the Supreme Court found that here the President had overstepped his constitutional authority. It held that only Congress, acting under its commerce power, could authorize the seizure of private property in time of war, and it had not done so." This is an example of a. the legislative branch limiting the judicial branch. b. the judicial branch limiting the executive branch. c. the legislative branch limiting the executive branch. d. the judicial branch limiting the legislative branch.
B.
Read this passage from the War Powers Resolution of 1973: "(c) The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces." What is the intent of this section of the document? a. to give Congress the authorization to commit the U.S. to military action b. to limit the President's power to commit the U.S. to military action without meeting certain conditions c. to expand the power of the United States Armed Forces to initiate military activity on their own d. to expand Congress' power to authorize the President to commit the U.S. to military action
B.
Study the outline to answer the question. (outline on #14 on Topics 5 and 6 Test) Which of the following headings most accurately completes the outline? a. Political parties b. National crises c. Greater role of Vice President d. Checks and balances
B.
This excerpt from the text is incomplete. "Each party files detailed written statements-briefs-with the Court before they present their oral arguments. These detailed statements spell out the party's legal position and are built largely on relevant facts and _________" Which statement BEST describes the missing content about how Supreme Court briefs are created? a. Layers use amicus curiae briefs to demonstrate that they and their clients are friendly to the Court. b. Briefs almost always refer to legal precedents, or the past decisions made by courts in similar cases. c. Each brief typically includes the written support of a member of Congress to establish credibility. d. The solicitor general, who acts as the government's chief trial lawyer, must approve the content of all briefs.
B.
Use the diagram to answer the question. (diagram on #20 on Topics 5 and 6 test) Which statement gives one way that line agencies and staff agencies differ? a. Staff agencies execute policies set by line agencies. b. Line agencies enforce laws passed by the legislative branch. c. Staff agencies engage directly with the public on matters determined by line agencies. d. Line agencies are part of the federal administrative organization.
B.
What is one way the Speaker of the House differs from the president of the Senate? a. The Speaker of the House is typically from the minority party, while the president of the Senate is typically from the majority party. b. The Speaker of the House is voted into the position by colleagues, while the Vice President of the United States serves as president of the Senate. c. The Speaker of the House is the presiding officer of the upper chamber, while the president of the Senate is the presiding officer of the lower chamber. d. The Speaker of the House is not a member of his or her chamber, while the president of the Senate is a member of his or her chamber.
B.
What view does this cartoon best illustrate? (cartoon on #8 on Topic 7 test) a. The Supreme Court always sides against the States in decisions related to elections. b. The Supreme Court believes that politics should not interfere with legal decisions. c. The Supreme Court should not issue dissenting opinions. d. The Supreme Court files briefs in a harmful fashion.
B.
Which of the following is an example of a bureaucracy? a. United States Government Manual b. Haverford Community College c. the U.S. presidency d. Snyder County fair
B.
Which of the following statements about the President's judicial powers is FALSE? a. The President's power of commutation can reduce a fine or the length of a sentence imposed by a court. b. The President's power of clemency may be used in cases involving both State and federal offenses. c. The President's power of amnesty is a blanket pardon offered to a group of law violators. d. A President's power to pardon is absolute except in the case of impeachment.
B.
Read this excerpt from the text. "The clerk calls the chamber to order and checks the roll of representatives elect. Those members-to-be then choose a Speaker, who will be their permanent presiding officer. By custom, the Speaker is a longstanding member of the majority party, and election on the floor is only a formality. The majority party's members in the House have settled the matter beforehand." This excerpt describes a. opening day in the Senate. b. the State of the Union address. c. opening day in the House. d. a meeting of the House Rules Committee.
C.
Read this excerpt from the text: "At times, a President has had to turn to roundabout methods in order to achieve his [treaty] goals. When a Senate minority defeated a treaty to annex Texas, President John Tyler was able to bring about annexation in 1845 by encouraging passage of a joint resolution-a move that required only a majority vote in each house. In 1898, President William McKinley used the same tactic to annex Hawaii." What does this excerpt illustrate about the process of approving treaties? a. A treaty can be approved by the House of Representatives instead of the Senate. b. The treaty-making process is usually controlled by a Senate minority. c. A treaty is not the only tool a President can use to make agreements with other countries. d. The treaty-making process must be followed exactly as described in the Constitution.
C.
How are federal judges selected? a. The person is nominated by the Senate and chosen by the President. b. The person is named to the bench by the President and does not need to be confirmed. c. The person is named to the bench by the President and confirmed by the Senate. d. The person is publicly elected to the bench and confirmed by the Senate.
C.
Identify the case over which the U.S. Supreme Court would exercise original jurisdiction. a. a citizen brings a 1st Amendment case against his State government b. a government employee sues the government agency that employs her c. a State agency brings a lawsuit against an agency in another State d. a shipwreck occurs in the coastal waters of the United States
C.
This excerpt from the text is the basis for which of the following traditions about the terms of federal judges? "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour. . . ." -U.S. Constitution, Article III, Section 1 a. Federal judges remain in office unless they are recalled by the popular vote of the people in their district. b. Federal judges remain in office until the officials who appointed them are no longer in power. c. Strict requirements for good conduct can lead to a federal judge's removal. d. Judges in the constitutional courts are appointed for life and serve until they resign, retire, or die.
D.
"During the years the Articles of Confederation were in force (1781-1789), there were no national courts and no national judiciary. The laws of the United States were interpreted and applied as each State saw fit, and sometimes not at all. Disputes between States and between persons who lived in different States were decided, if at all, by the courts in one of the States involved. Often, decisions by the courts in one State were ignored by courts in the other States." This excerpt from the text explains why a. the Framers of the Articles of Confederation felt there was no need for a national Judiciary. b. delegates to the Constitutional Convention wanted checks and balances among the branches of government. c. many members of Congress felt there was no need for a strong federal government. d. the Framers of the Constitution thought it was important to have a national Judiciary.
D.
"The district courts try criminal cases ranging from bank robbery, kidnapping, and mail fraud to counterfeiting, terrorism, and tax evasion. They hear civil cases arising under bankruptcy, postal, tax, public lands, civil rights, and other laws of the United States." Based on this excerpt from the text, which of the following would not be tried in a district court? a. a company sending out deceptive information through the mail b. a political group charged with setting off an explosion at a national monument c. a corporation seeking financial protection because it has no money d. a gang charged with robbing several stores at a shopping mall
D.
A soldier in the U.S. Army does not return to his post following a leave and is charged with desertion. In which court would his case be heard? a. Court of Federal Claims b. Court of Appeals for the Armed Forces c. Court of Appeals for the Federal Circuit d. court-martial
D.
Choose the answer that BEST completes the sentence. The 2009 government bailout of automotive companies was an example of a. the expressed powers of State governments. b. the implied powers of State governments. c. the expressed powers of the Federal Government. d. the implied powers of the Federal Government.
D.
Read the chart. Then choose the answer that best completes the statement. (chart on #7 on Topic 4 test) Based on this chart, a senator's role as a politician might interfere with his or her role as a. a legislator, because it could prevent him from reviewing bills for the entire chamber to vote on. b. a committee member, because it could prevent him from visiting constituents and attending functions. c. a servant, because it could prevent her from drafting a bill that her constituents support. d. a representative, because it could prevent her from supporting bills that would benefit her State.
D.
Read this excerpt from the U.S. Constitution. "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." -Article I, Section 8, Clause 18 This article of the Constitution allows Congress to a. check the power of the other branches of government. b. protect itself from overreach by the executive branch. c. influence how the judicial branch interprets laws. d. interpret its expressed powers broadly.
D.
Read this excerpt from the text: "Many laws that Congress enacts are written in fairly broad terms. Congress sets out the basic policies and standards to be followed. The specific details-much of the fine print necessary to the actual, day-to-day administration of the law-are usually left to be worked out by the executive branch." This describes the use of which presidential power? a. the power to grant clemency b. the power of appointment and removal c. the power of executive privilege d. the power to execute the law
D.
Read this excerpt from the text: "Sections 3 and 4 of the 25th Amendment fill the disability gap. . . . The Vice President is to become Acting President if (1) the President informs Congress, in writing, 'that he is unable to discharge the powers and duties of his office,' or (2) the Vice President and a majority of the members of the Cabinet inform Congress, in writing, that the President is so incapacitated. The President may resume the powers and duties of the office by informing Congress by 'written declaration' that no inability exists. However, the Vice President and a majority of the Cabinet may challenge the President on this score. If they do, Congress has 21 days in which to decide the matter." Suppose the President were badly injured, and unable to inform the Vice President that he could not discharge the power and duties of his office. How would power be transferred to the Vice President? a. Congress would appoint the Vice President as Acting President but would need the approval of a majority of the members of the Cabinet. b. The Vice President alone would inform Congress in writing that the President was incapacitated. c. The Vice President would automatically become Acting President but would need the approval of Congress. d. The Vice President and a majority of the members of the Cabinet would inform Congress in writing that the President was incapacitated.
D.
The BEST way to understand the expressed powers of Congress is to a. read about the powers that other sovereign nations have. b. study the ways Congress has exercised its powers. c. study statements made by the executive branch. d. read a description of the powers in the Constitution.
D.
The President is the author of the nation's public policies in his or her role of a. commander in chief. b. chief citizen. c. chief of party. d. chief legislator.
D.
The chart shows information about some parts of the Executive Office of the President. (chart on #9 on Topics 5 and 6 Test) Which of the following BEST completes the chart? a. Acts as a presidential "handy man" b. Prepares presidential executive orders c. Is the President's "right arm" d. Consults with the President on foreign affairs
D.
The diagram gives information about the Executive Office of the President and the President's Cabinet. (diagram on #21 on Topics 5 and 6 test) Which of the following BEST completes the missing section of the Venn diagram? a. "nerve center" of the executive branch b. collection of political strategists who often have the final say on issues c. principal source of presidential advice d. departmental secretaries who consider presidential policies based on their areas of expertise
D.
Use the chart to choose the answer that BEST completes the sentence. (chart on #16 on Topic 4 test) Representation in Congress is closest to the general population in terms of a. gender. b. education. c. profession. d. ethnicity.
D.
