Civics Chapter3
Some have been proposed and ratified as formal amendments.
26. Which of the following statements about informal amendments is TRUE? a. They may only originate with the President, Congress, or the courts. b. Some have been proposed and ratified as formal amendments. c. Most must be approved by State legislatures or conventions. d. They cannot be made through customs.
Unconstitutional
A government action is unconstitutional if it violates a provision in the Constitution.
unconstitutional
A governmental action that denies someone fair and equal treatment under the law may be declared
executive agreement
A(n) ____ carries the same force of law as a treaty.
Amendment
A(n) ____ is a way to change the Constitution.
Article
A(n) ____ is one of the seven numbered sections of the Constitution
deprive a State of its equal representation in the Senate.
According to Article V of the Constitution, no amendment may a. deprive a State of its equal representation in the Senate. b. abolish the protections guaranteed in the Bill of Rights. c. deny people the right to vote because of race, color, or gender. d. reestablish slavery or other forms of involuntary servitude.
federalism
Because of the system of federalism in the United States, power is distributed between the National Government and the 50 States.
Formal Amendment
Changes to the written provisions of the Constitution may be made only through the process of ____.
All of the above
Congress can informally amend the Constitution by a. passing basic legislation. b. adding meaning to skeletal portions of the Constitution. c. simply exercising many of its powers. d. all of the above.
The fact that action is required at both the national and State levels by either of the two methods of formal amendment described in Article V reflects the principle of federalism—the division of power between the central and regional governments. Only Congress or a National Convention called by Congress (at the States' request) has the power to propose an amendment. Ratification can only occur at the State level, either by the State legislatures or by special State conventions.
Determining- Relevance How is the constitutional principle of federalism reflected in the formal amendment process?
No. The formal amendment process is a part of the Constitution—the express will of the people—which the Supreme Court is obliged to obey. Blocking ratification of a proposed amendment—in fact, any kind of interference with the formal amendment process—would itself be unconstitutional. Moreover, the fact that a proposed amendment violates existing provisions of the Constitution is not relevant to its legitimacy. By ratifying such a "violation," or change, the people would simply be updating the expression of their will, which is sovereign.
Drawing Conclusions- If a proposed amendment violates the Constitution, should the Supreme Court be able to block its ratification? Explain.
Roosevelt did not violate the law. No written provisions of the Constitution spelled out the number of terms a President may serve—it was left to the popular wisdom to determine, either formally or informally. Informal amendments do not necessarily carry the same force of law as formal amendments, as the public learned. By ratifying the 22nd Amendment, they turned the weight of custom—the no-third-term tradition—into law.
Drawing Conclusions- When Franklin Roosevelt broke the "no-third-term" tradition, did he violate the Constitution? Explain your answer.
Demonstrates the principle of federalism
Each of the four methods of formal amendment a. can proceed only with the approval of the President. b. demonstrates the principle of federalism. c. involves unwritten changes in the interpretation of the Constitution. d. is undertaken jointly by the executive, legislative, and judicial branches.
It has the power to declare executive actions unconstitutional
How can the judicial branch check executive actions?
override the veto with a 2/3 vote
How may Congress check a presidential veto?
constitutionalism
If it disobeyed its own fundamental body of law, the government could hardly claim to be a model of constitutionalism.
Found the governmental actions in question to be constitutional
In most cases involving judicial review, the courts have A) had their decisions overturned by congress B) found the governmental actions in question to be unconstitutional C) Found the governmental actions in question to be constitutional D) had their decisions vetoed by the President
informal amendment
Informal amendments, while not written, account for most of the changes in the interpretation and application of constitutional provisions.
Some students might think the formal amendment process better expresses popular sovereignty because the people can elect people to ratifying conventions or legislators they have chosen will be part of the ratifying process. They might argue that informal amendment processes are results of government actions not directly reflecting the people's opinions such as in the case of executive agreements. Other students might think that informal amendments are better expressions of popular sovereignty because they arise out of issues directly related to the people. For example, customs such as the "no-third-term tradition" are not only established by the government but also by the people. On the other hand, people do not usually elect legislators based on their stance on an amendment and conventions are not always called
Making Comparisons- How do the formal and informal amendment processes compare as expressions of popular sovereignty?
Through its power to appoint federal judges
Name the one way that the executive branch can check the power of the judicial branch.
State legislatures, rather than convention delegates elected by the people, often ratify amendments.
One criticism of the formal amendment process is that a. the Framers did not intend for the words of the Constitution to be changed. b. the process is too short and, therefore, too many amendments are approved. c. the judicial branch cannot propose an amendment. d. State legislatures, rather than convention delegates elected by the people, often ratify amendments.
The right of women to vote
The Bill of Rights guarantees all of the following EXCEPT a. fair treatment before the law. b. the right of women to vote. c. freedom of expression. d. freedom of belief.
seperation of powers
The Constitution provides for the ____ by creating three distinct branches of government: legislative, executive, and judicial.
Congress informally amending the Constitution
The Judiciary Act of 1789 was an example of a. a formal amendment to the Constitution. b. Congress informally amending the Constitution. c. an executive agreement. d. an informal amendment by court decision.
Preamble
The Preamble is the introduction to the Constitution.
Checks and balances
The President's power to veto an act of Congress is an example of a. executive agreement. b. judicial review. c. checks and balances. d. limited government.
Unwritten custom
The Presidents Cabinet is an example of informal amendment by A) unwritten custom B) court decision C) state action D) basic legislation
Bill of rights
The basic constitutional rights of the people were FIRST set out in the a. 13th, 14th, and 15th amendments. b. 10th Amendment. c. Bill of Rights. d. Equal Rights Amendment.
Bill of Rights
The first ten amendments are called the ____
Rule of Law
The government and its officers must obey the ____, which is another way of describing the concept of limited government
Results from daily experience of government
The informal amendment process A) involves changing the written words of the consitution B) has been used very little in the past 200 years C) can occur only with the approval of the States D) results from the daily experiences of governemnt
remove judges through impeachment
The legislative branch can check the judicial branch by its power to a. name federal judges. b. remove judges through impeachment. c. declare executive actions unconstitutional. d. override a presidential veto.
Checks and Balances
The system of ____ helps keep one branch of government from dominating the actions of the others.
checks and balances
The system of checks and balances helps keep government running on the basis of compromise rather than confrontation.
President-appoints justices Congress- approves or reacts the Presidents appointees
What powers do the President and Congress have over the appointment of Supreme Court justices?
power is distributed among three independent branches of government.
When there is a separation of powers, a. power is divided between the National Government and the States. b. power is distributed among three independent branches of government. c. the people grant the States the authority to govern. d. the basic powers of government are held by a single agency.
Judicial Branch
Which branch of government can declare an act of Congress to be unconstitutional?
Legislative Branch
Which branch of government can override a presidential veto?
built-in provisions for accommodating change
Which of the following accounts for the ability of the Constitution to endure for more than 200 years? a. built-in provisions for accommodating change b. detailed provisions that anticipated changing customs c. very specific language that limits reinterpretation d. inflexible provisions designed to resist change
the amendment guaranteeing freedom of speech
Which of the following amendments was ratified FIRST? a. the amendment lowering the voting age to 18 b. the amendment ending slavery c. the amendment guaranteeing freedom of speech d. the amendment allowing Congress to tax incomes
Government must operate within certain bounds set by the people
Which of the following best describes the concept of limited government? A) powers are divided among three independent branches of goverment B) all political power belongs to the people C) Government must operate within certain bounds set by the people D) the poeole must behave according to the rules set by the government
the use of the electoral college as a "rubber stamp" for the popular vote
Which of the following informal amendments was a result of party practices? a. the use of the electoral college as a "rubber stamp" for the popular vote b. the revised structure of the federal court system c. executive agreement d. the practice of senatorial courtesy
The President makes an executive agreement.
Which of the following is NOT an example of the checks and balances system? a. The President makes an executive agreement. b. The Supreme Court declares a law passed by Congress to be unconstitutional. c. The President vetoes a bill. d. The Senate approves the President's nominee for Supreme Court justice.
It has not been changed in 50 years
Which of the following is NOT true of the Constitution? a. It sets guidelines within which the government must operate. b. It is open to interpretation. c. It has not been changed in 50 years. d. It is the highest form of law in the United States.
It is among the executive powers listed in Article II of the Constitution
Which of the following is NOT true of the use of executive agreement? a. It extends the President's power through the informal amendment process. b. It carries the same legal force as a treaty. c. It can be used to avoid the lengthy treaty-making process. d. It is among the executive powers listed in Article II of the Constitution.
Proposal by 2/3s of congress and ratification by 3/4s of state legislatures
Which of the following is a method of formal amendment? A) proposal by 3/4s of the House of Representatives and ratification by conventions in 3/4s of state legislatures B) proposal by 2/3s of the senate and ratification by 2/3s of state legislatures C) Proposal by 2/3s of congress and ratification by 3/4s of state legislatures D) all of the above
succession of Vice President to presidency
Which of the following is mentioned by the Constitution and its amendments? a. succession of Vice President to presidency b. political parties c. custom of senatorial courtesy d. the President's Cabinet
All of the above
Which of the following is the subject of a constitutional amendment? a. the prohibition of alcohol b. repeal of a previous amendment c. presidential term limits d. all of the above
Prohibition of alcoholic beverages
Which of the following was formally amended to the Constitution? a. equality of rights for women b. prohibition of alcoholic beverages c. prohibition of child labor d. balanced federal budget
The amendments were ratified at the same time as the constitution
Which statement about the bill of rights is NOT true? A) the amendments arose from the controversy over ratification of the constitution B) the amendments were ratified at the same time as the constitution C) the amendments guarantee such basis rights as freedom of expression and fair and equal treatment Before the law D) the amendments are the first ten of the constitution
Popular Sovereignty
With the words, "We the People," the constitution establishes its authority on the basis of A) popular sovereignty B) the rule of law C) the separation of powers D) limited government