U.S. Constitution Exam

James Madison

"the father of the Constitution"

The House

A presidential election results in no candidate having a majority of the electoral votes. (For example: a third party candidacy results in 3 candidates each receiving 1/3 of the electoral votes) The outcome will be decided by: A) A recount of the electoral vote B) A tally of the popular vote C) The Senate D) The House E) Not specified by the Constitution

Must be approved by Congress

A referendum in Puerto Rico is passed in favor of statehood. According to the Constitution, what needs to happen for Puerto Rico to become a state: A) It automatically becomes a state when the referendum passes B) Must be approved by ¾ of the states C) Must be approved by Congress D) Must be approved by the president E) Must be approved by the State Department

that a detainee be informed by a court of the charges against him or her

A writ of habeus corpus is important because it requires A) that a state or municipality hold regular elections B) that a detainee be informed by a court of the charges against him or her C) that prior actions cannot be made into crimes "after the fact" D) that federal judges are allowed to serve "while on good behavior" E) that courts guarantee the integrity of the "body of the jury"

Because the Constitution is a compact among the states, the national government's powers should be constued narrowly and should not be expanded by interpretation.

According to the "state's rights" interpretation of federalism: A) Because the Constitution is a compact among the states, the national government's powers should be constued narrowly and should not be expanded by interpretation. B) The existence of reserved powers of the states does not in any way limit the scope of the federal government's powers. C) States enjoy the same rights and reponsibilities as the federal government. D) The Bill of Rights and the 14th amendment protect the rights of states from incursion by the federal government.

None of the above

According to the Constitution, which citizen, group of citizens, elected leader, or government official stands above and is exempt from, the provisions of the Constitution? A) President B) Secretary of Homeland Security C) National Security Advisor D) The Supreme Court E) None of the above

The States

Although education is not mentioned explicitly, the tenth amendment grants authority over education to A) Congress B) The states C) The department of education D) The executive branch

Declare war, fund the military

Although the Constitution assigns the president to be the Commander-in-Chief of the military forces, what powers over foreign policy and national defense does the Constitution grant to congress? A) Declare war B) Recognize other counties diplomatically C) Fund the military D) Appoint the members of the Joint Chiefs of Staff E) Command the Coast Guard

Would be paid in full

Article VI provided that all obligations contracted by the government under the Articles of Confederation A) Would be paid in full B) Were not necessarily the obligation of the new government C) Would be paid if approved by the Congress and signed by the president D) Would not be paid

The Senate is a part of Congress, The Department of Education is a part of the executive branch

Below are a number of statements about the structure of the Federal Government under the Constitution. Check the ALL the boxes next to the ones that are TRUE. If all false, leave blank. A) The Senate is a part of Congress B) The President of the United States is also the President of the Senate C) The Department of Education is a part of the executive branch

The 14th Amendment

By wording the first amendment to read "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press..." the Constitution specifically prohibits CONGRESS from making such laws. What keeps states from making such laws? A) The 2nd amendment B) The 14th amendment C) The "necessary and proper" clause D) The doctrine of e pluribus unum E) Nothing. States are permitted to make such laws

Congress had no mechanism for the effective enforcement of tax collection, Each state, large or small, had equal representation in the national congress

CHOOSE ALL THAT APPLY Which of the following were problems under the Articles of Confederation? A) States were unfairly dominated by an overbearing federal government B) Congress had no mechanism for the effective enforcement of tax collection C) Each state could print its own money D) Each state, large or small, had equal representation in the national congress

Treasury, Labor, Interior

CHOOSE ALL THAT APPLY Which of the following are cabinet level departments in the executive branch? A) Treasury B) Federal Emergency Management Agency (FEMA) C) Labor D) Interior E) Management and Budget F) Environmental Protection Agency (EPA)

Removal from office

CHOOSE ALL THAT APPLY. According to the Constitution, which of the following applies to a government official who has been impeached by the house and convicted by the senate: A) Fine B) Removal from office C) Imprisonment

unjust imprisonment

Congress cannot suspend a person's right to the writ of habeas corpus. This protects a person from A) high taxes B) cruel and unusual punishment C) unjust imprisonment D) self incrimination

State legislatures

Democracy exists along a spectrum, and political systems, even democratic ones, can tend toward "more democracy" or "less democracy." To illustrate this, while U.S. senators are currently chosen directly by the people of each state, between 1787 and 1913 U.S. senators were chosen, not by the people directly, but by A) Other senators B) The executive branch C) The electoral college D) State legislatures E) During this period there was no senate

The Federalist Papers

During arguments over ratification, many prominent patriots were staunchly against ratification, including Patrick Henry, George Mason and future president James Monroe. Those in favor of ratification were equally passionate. The articles written by those advocating ratification of the Constitution were later published as a collection entitled: A) The Federalist Papers B) Our National Compact C) Courage of our Convictions D) We the People E) Chronicles of the Founders

9

During the last decade, many Supreme Court decisions have been nearly evenly split. How many justices serve on the Federal Supreme Court? A) 5 B) 8 C) 9 D) 11 E) 12

6

Every member of the House of Representatives stands for election every ______ years. A) 2 B) 3 C) 4 D) 6 E) 10

2/3 vote of the senate

For a negotiated treaty to become law, it must be ratified by A) 2/3 vote of congress B) 2/3 vote of the house of representatives C) 3/4 vote of the state legislatures D) 2/3 vote of the senate E) signature of the president

Under the Constitution

George Washington served as president A) Under the Articles of Confederation B) Under the Constitution C) Under both the Articles of Confederation and the Constitution

in the opposite way. Specific grants of power are assigned to the federal government. Non-specified powers are reserved to the states.

Germany's federal system provides specific grants of power to the (states) while non-specified powers and functions are reserved to the national or federal government. The American federal system apportions power: A in the same way B in the opposite way. Specific grants of power are assigned to the federal government. Non-specified powers are reserved to the states. C in the same way, but in the American system, actions of the federal government can be vetoed by the states. D in a completely different way. The American Constitution grants power to the federal government, which in turn assigns specific powers to the states

is 12 to 23 people that decide if evidence warrants a trial

Grand jury: A) is the legal name for a trial jury B) is 12 to 23 people that decide if evidence warrants a trial C) is another name for the Supreme Court D) is a device used in TV shows but has no basis in the Constitution E) is a jury that completes its task and renders a verdict

National government too weak, No national judiciary, Ineffective mechanisms for tax collection

Identify the major problems with the Articles of Confederation. A) National government too weak B) National government too strong C) No national legislature D) No national judiciary E) Ineffective mechanisms for tax collection

It may become a law it two-thirds of both houses of Congress approve it

If the bill is "vetoed": A) It cannot become a law B) It may become a law if two-thirds of the Senate approves it C) It may become a law it two-thirds of both houses of Congress approve it D) It may become a law if the Supreme Court approves it

The House

Impeachment and trial as specified in the Constitution is a two-part process. While in everyday speech, we often use "impeachment" to refer to removal from office, technically to impeach an official means to formally accuse, similar to an indictment in criminal court. Once impeached, officials are then tried in a special impeachment trial. According to the Constitution the "sole power of impeachment" belongs to: A) The House B) The Senate C) The Supreme Court D) The president E) The chief justice

refuses to testify against himself

In a courtroom, when an accused man invokes the Fifth Amendment , he A) refuses to testify against himself B) refuses to be tried again C) demands a grand jury D) wants to appeal his case

Approval of at least nine states and passed easily.

In order to go into effect, the new Constitution drafted by the convention was required to be ratified by A) Approval of two-thirds of the existing Congress. B) Approval of at least nine states and passed easily. C) Approval of at least nine states and was narrowly achieved after months of intense political maneuvering by those in favor of, and those against, the new Constitution. D) Approval of all 13 states. E) No one. Article VII includes a self-ratifying clause.

does not have the power to increase the number of justices

In response to the Supreme Court's striking down many of Franklin Roosevelt's new deal initiatives to help the country out of the great depression, FDR devised a plan which critics called a plan to "pack the court", which involved adding one supreme court justice to the bench for every one over 70 years old in 1937, for a total of 15. According to the Constitution, the president: A) has the power to increase the number of justices under Article II B) has the power to increase the number of justices, but only with the "advice and consent" of the senate C) was given this power by amendment only after FDR's death D) does not have the power to increase the number of justices

Amendment to the Constitution

In the 19th century, congressional attempts to legislate an income tax were repeatedly struck down by the Supreme Court as unconstitutional. In the 20th century the income tax was created by: A) Executive order B) Federal law made by Congress C) Amendment to the Constitution D) Judicial reversal by the Supreme Court

Based on the population of the state

In the House of Representatatives, the number of members from each state is A) Based on the number of electoral votes in each state B) Based on the population of the state C) Always two D) Based on the number of registered voters in each state

A) How much power should be given to the new government? B) How should large and small states be represented?

MULTIPLE ANSWER: Mark ALL the statements below that represent MAJOR debates at the constitutional convention. If none, leave blank: A) How much power should be given to the new government? B) How should large and small states be represented? C) Who should be the new president? D) How should the war with England be conducted? E) Should English be the national language?

C) The president can veto bills passed by congress E) The senate confirms nominees for federal judgeships

MULTIPLE ANSWER: SELECT ALL THAT APPLY. IF NONE APPLY, LEAVE BLANK. Checks and Balances:A system by which each branch of the federal government limits the power of the other branches. Which of these is an example of the system of checks and balances within the federal government? A) Congress can regulate industry B) Governors can pardon federal prisoners C) The president can veto bills passed by congress D) The Supreme Court can impeach members of congress E) The senate confirms nominees for federal judgeships

the supreme law of the land, subject to interpretation by the Supreme Court

MULTIPLE ANSWERS: FOR THE FOLLOWING QUESTION, CHOOSE ALL THAT APPLY. IF NONE ARE CORRECT, LEAVE BLANK. Which of the following is/are correct? The Constitution is: A) amended during each administration B) the supreme law of the land C) subject to interpretation by the Supreme Court D) subject to suspension by the president during wartime

Confirmation by the Senate

Step 2: A) Approval by the Supreme Court B) Validation by the Department of Justice C) Affirmation by Congress D) Endorsement by the president E) Confirmation by the Senate

Lack of a Bill of Rights

THE FOLLOWING TWO QUESTIONS ARE ABOUT THE DEBATES OVER RATIFICATION OF THE CONSTITUTION During the ratification debates, supporters of the document drafted at the convention called themselves "Federalists" and called opponents of the new governmental structure created by the document "Anti-Federalists". Some of the most ardent Anti-Federalists, such as George Mason were delegates at the convention. Indeed, 16 of the 55 delegates to the Convention refused to sign the document. The Anti-Federalists opposition to the new constitution was based primarily on: A) lack of a bill of rights B) lack of a solution to the slavery problem C) inability to define the nation's boundaries D) lack of a solution to the Indian problem E) inability to decide on a location for the nation's capital

Congress

The "elastic clause" in Article I, section 8, potentially expands the power of A) Congress B) The president C) The federal courts D) The treasury department E) The states

18

The 26th amendment to the Constitution (1971) lowered the voting age to: A) 25 B) 21 C) 20 D) 19 E) 18

1787

The 55 delegates to the constitutional convention argued about, compromised over, and finally agreed upon a written Constitution for the United States during a sweltering summer in: A) 1717 B) 1776 C) 1787 D) 1887 E) 1907

Establishing an official religion for the United States

The Bill of Rights explicitly prohibits: A) Prayer in public school B) Discrimination based on race, sex, or religion C) The president from vetoing a line item in a spending bill D) The ownership of guns by private individuals E) Establishing an official religion for the United States

Cabinet nominations must be confirmed by the senate

The Constitution specifies what check on the president's selection of cabinet members? A) Cabinet members must be evenly balanced between republicans and democrats B) Cabinet members are subject to diversity and affirmative action quotas C) Cabinet nominations must be confirmed by the senate D) There are no checks on who the president selects

Not ratified by the states

The Equal Rights Amendment was approved by Congress in 1972. Why was it not added to the Constitution? A) Vetoed by the president B) Not ratified by the states C) Not approved by the House of Representatives D) Struck down by the Supreme Court

wins a majority of the electoral votes

The President is elected if he or she: A) wins a majority of the electoral votes B) wins a majority of the popular votes C) wins all of the States' votes D) wins 50%+ 1 of the congressional votes

is a constitutionally mandated assembly that elects the president

The United States Electoral College: A) trains those aspiring for higher political office B) was established to supervise the first televised presidential debates C) is otherwise known as the U.S. Congress D) is a constitutionally mandated assembly that elects the president E) was ruled undemocratic by the Supreme Court

Nomination by the President

The next two questions are about the two step process by which Supreme Court Justices and other federal judges are selected. What is the first step? A) Indictment by a grand jury B) Nomination by the Chief Justice C) Nomination by the Attorney General D) Nomination by the President E) Appointment by the Solicitor General

Strongly condemned the practice of slavery

The original Constitution A) Prohibited slavery B) Prohibited the importation of slaves C) Strongly condemned the practice of slavery D) Agreed on a future date after which slavery would be prohibited E) None of the above

The judicial branch may review actions of the legislature and the executive branch

The principle of judicial review means that: A) The executive and legislative branches may review candidates for the judiciary B) The judicial branch may review actions of the legislature and the executive branch C) The Department of Justice may review actions of the federal and state governments D) The Congressional Judicial Review Board may review bills prior to floor action E) The Senate Judicial Committee acts as a check on the executive and judicial branches

The judicial branch may, when proper suit is brought, review the constitutionality of actions of the legislature and the executive branch

The principle of judicial review means that: A) The executive and legislative branches may review candidates for the judiciary B) The judicial branch may, when proper suit is brought, review the constitutionality of actions of the legislature and the executive branch C) The Department of Justice may review actions of the federal and state governments D) The Congressional Judicial Review Board may review bills prior to floor action E) The Senate Judicial Committee acts as a check on the executive branch

the government to buy private property for public use

The right of eminent domain allows A) the governor to appoint state officials B) the state assembly to make laws for local governments C) the government to buy private property for public use D) the police to search a house without a warrant E) the president to preview congressional action

appellate jurisdiction

The vast majority of the Supreme Court's workload involves: A) original jurisdiction B) appellate jurisdiction C) advisory opinions D) resolving disputes between the executive and legislative branches

Alexander Hamilton

Three fervent supporters of the Constitution wrote passionate newspaper articles urging ratification of the Constitution. These articles were later collected under the title "The Federalist Papers". The authors were James Madison, John Jay (later first Chief Justice of the U.S.) and A) Abraham Lincoln B) John Adams C) Thomas Jefferson D) Alexander Hamilton E) Jefferson Davis

a majority in both the House and Senate

To pass, a bill must be approved by A) a majority in both the House and Senate B) a majority in the House only C) a 2/3 majority in both House and Senate D) a 2/3 majority in the House only E) 3/4 of the state legislatures

I, IV and V only

Webster's defines a democracy as "a government by the people, especially: rule of the majority. A government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation, usually involving periodically held free elections." A perennial problem for majoritarian democracies is protecting the rights of those of the minority opinion. In our constitutional system, which of the following are MOST likely to protect the rights of those of a minority opinion? I. The first 10 amendments II. Democratic elections III. The electoral college IV. The many potential roadblocks on the route from bill to federal law (e.g. rejection in committee, House, Senate, veto, override, etc.) V. Judicial review of legislation A) I, II, and III only B) II and III only C) II only D) I, IV and V only

Sign or veto, as with other congressional legislation

What role does the president play in amending the Constitution? A) Sign or veto, as with other congressional legislation B) "Pocket" veto only C) Amendments must be ratified by the president D) President proposes amendments, Congress ratifies E) None

State governor

When a vacancy occurs in the Senate (e.g. from death or disability), the ______________________ appoints someone to fill the office until the next general election. A) Federal Election Commission B) President pro tempore of the Senate C) President D) Chief justice E) State governor

All powers not specifically assigned to the national government are reserved to the states or to the people.

Which of the following best describes the apportionment of power between the state and national governments in the United States? A) Any action by the national government can be rescinded by the states. B) States may exercise only those powers delegated to them by the national government C) All powers not specifically assigned to the states are reserved to the the national government. D) All powers not specifically assigned to the national government are reserved to the states or to the people.

Declaration of Independence/ Articles of Confederation/ US Constitution/ Bill of Rights

Which of the following is in correct chonological order? A) Declaration of Independence/ Bill of Rights/ Articles of Confederation/ US Constitution/ B) Bill of Rights/ US Constitution/ Declaration of Independence/ Articles of Confederation C) Articles of Confederation/ Declaration of Independence/ Bill of Rights/ US Constitution D) Declaration of Independence/ Articles of Confederation/ US Constitution/ Bill of Rights E) Bill of Rights/ Articles of Confederation/ Declaration of Independence/ US Constitution

The authority to establish the Constitution flows from the people

Which of the following is most directly implied by the preamble of the Constitution? A) All government decisions must be supported by a majority of the people B) The Constitution is the supreme law of the land C) The authority to establish the Constitution flows from the people D) No government can deprive citizens of their basic rights

The Constitution left voting eligibility up to the states. Before 1920 any state could let women vote and many did. The 19th amendment merely made voting a national right that no state thereafter could abridge or deny.

Which of the following is true about women and voting in the U.S.? A) The Constitution specifies that only male citizens can vote, therefore, before the 19th amendment in 1920, women in the U.S. were constitutionally barred from voting. B) The Constitution specifies that only male citizens can vote, therefore, before the 14th amendment, ratified in 1865, women in the U.S. were constitutionally barred from voting. C) The Constitution left voting eligibility up to the states. Before 1920 any state could let women vote and many did. The 19th amendment merely made voting a national right that no state thereafter could abridge or deny.

to negotiate treaties

Which one of these powers does NOT belong to the Congress A)to regulate commerce with foreign nations and among the states B) to issue money C) to declare war D) to raise and support armies E) to negotiate treaties

Alcoholic beverages

Only one amendment to the Constitution was later repealed. This amendment concerned A) Firearms B) Alcoholic beverages C) Racketeering D) Poll taxes E) Gerrymandering

Congress

Only the ________________ has the power to declare war. A) President B) Secretary of defence C) Chairman of the Joint Chiefs of Staff D) Congress E) Supreme Court