FEDERAL CONSTITUTION TEST (80%)

1. The Bill of Rights was added to the United States Constitution to

A. provide the president with the power to enforce the laws

B. protect individuals’ civil liberties

C. establish a presidential cabinet

D. guarantee voting privileges to all citizens

2. The writers of the US Constitution created a federalist government primarily

A. to limit the powers of the Senate C. to develop a criminal justice system

B. for civilian control over military D. to divide power among levels of government

3. “Illegally obtained evidence cannot be used in a court of law.” This statement is based on a person’s constitutional right to

A. face an accuser in open court

B. protection against double jeopardy

C. a speedy and public trial by an impartial jury

D. protection against unreasonable searches and seizures

4. Which statement from the United States Constitution is referred to as the necessary and proper clause?

A. “All legislative powers shall be vested in a Congress of the United States. . . . ”

B. “Congress shall make no law respecting an establishment of religion. . . . ”

C. “All bills for raising revenue shall originate in the House of Representatives. . . . ”

D. “Congress shall have power . . . to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. . . . ”

5. Which newspaper headline is the BEST example of checks and balances?

A. “Senate Rejects President’s Choice of Supreme Court Justice”

B. “Florida To Gain Two Seats in the United States House of Representatives”

C. “Albany County Receives $4 Million from Congress for Transportation Development”

D. “New York State Rejects Federal Regulations on Drug Testing”

6. The change to the direct election of senators and the establishment of a two-term limit for presidents are all examples of the use of

A. judicial review C. executive privilege

B. checks and balances D. amendment process

7. The due process clause in the 5th Amendment and the right to an attorney in the 6th Amendment were designed to

A. protect freedom of expression C. assure that laws are properly enacted

B. ensure rights for those accused of crimes D. provide for judicial review of laws

8. Which quotation from the United States Constitution provides for a Federal System of government?

A.  “He shall have power…with the advice and consent of the Senate…and shall appoint…

B.  “Every bill . . . shall, before it becomes a law, be presented to the President of the United States; . . ."

C.  “The powers not delegated to the United States . . . are reserved to the states . . .“

D.  “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state”

9.  Consider the following scenario. The police believe you have stolen items and hidden them in your house. They decide to raid your house to see if any of the stolen items are there. Which amendment could you invoke to protect yourself from this raid?

A.  5th B. 4th C. 9th D. 3rd

10. The decision of the United States Supreme Court in Marbury v. Madison established the power of the

A. House of Representatives to impeach the president

B. Congress to override a presidential veto

C. president to veto congressional legislation

D. Supreme Court to determine the constitutionality of laws

11. The ______is the SUPREME law of the land.

A. Constitution C. Mayflower Compact

B. Declaration of Independence D. Emancipation Proclamation

12. In the United States, the use of implied powers, the amending process, and Supreme Court interpretations have resulted in

A.  the general loss of individual rights

B.  the strengthening of the principle of separation of powers

C.  the Constitution being adapted to fit changing times

D.  the limiting of Presidential power in domestic affairs

13. Which of the following constitutional principles states that all the power is not in the hands of government and is limited by a constitution?

A. Limited Government C. Checks and Balances

B. Separation of Power D. Judicial Review

14. The checks of impeachment, overriding Presidential vetoes and the power to declare war are all checks the ______branch has on the ______branch.

A. Judicial; Executive C. Executive; National

B. Legislative; Executive D. Legislative; National

15. Congress established a minimum wage for workers and regulations on radio broadcasts by regulating interstate commerce with which of the following clauses?

A. sanctity of contract clause C. due process clause

B. necessary and proper clause D. ex post facto clause

16. Which governmental action illustrates the system of checks and balances?

A. a senator helping a governor solve a state problem

B. the president negotiating a trade agreement with foreign diplomats

C. the Senate ratifying a peace treaty

D. Congress raising taxes to pay for federal programs

17. Which statement is an example of the system of federalism?

A. Cabinet members are appointed by the president.

B. Revenue bills must begin in the House of Representatives.

C. The national government coins money, but states cannot.

D. The president can negotiate treaties, but the Senate has the power to ratify them

18. Which historical event best demonstrates the operation of checks and balances?

A. President Washington used Army to suppress a tax rebellion by Pennsylvania farmers

B. South Carolina seceded from the Union over the issues of slavery and States rights.

C. President Dwight D. Eisenhower sent Federal troops to enforce the integration of public schools in Little Rock, Arkansas.

D. The Senate approved the appointment of Clarence Thomas to the Supreme Court

19. The Fourteenth Amendment gave more power to which of the following:

A. States B. Constitution C. Supreme Court D. Congress

20. Some people believe that the Supreme Court has too much power because

A. justices can accumulate great sums of campaign contributions

B. justices can ignore the outcome of confirmation hearings

C. justices issue decisions in cases brought to them

D. justices can serve until they die or choose to retire

21. Which action was necessary to change from the indirect to the direct election of United States Senators?

A. ratification of a constitutional amendment C. passage of a Federal law

B. a Supreme Court decision D. a national referendum

22. The United States Government is considered a federal system because

A. national laws must be passed by both houses of Congress

B. powers are divided between the State and National Governments

C. the States are guaranteed a republican form of government

D. the President is selected by the electoral college

23. Which factor has made the strongest contribution to the development of religious freedom in the United States?

A. Most citizens have shared the same religious beliefs.

B. Religious groups have remained politically unified.

C. School prayer has been ruled constitutional by the Supreme Court.

D. Guarantees in the Constitution have encouraged religious expression and toleration

24. As a result of the Supreme Court ruling in Miranda v. Arizona (1966), a person accused of a crime is entitled to

A. a speedy trial C. a reading of his or her rights at the time of arrest

B. reasonable bail D. protection against cruel or unusual punishment

25. Senate ratification of treaties negotiated by the President is required by the United States Constitution as a way of

A. maintaining United States prestige in international affairs

B. preventing Federal abuse of State power

C. implementing the principle of checks and balances

D. expanding the authority of the executive branch

26. "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
This provision is evidence that the writers of the United States Constitution

A. wanted the President to have unlimited power during wartime

B. wanted to balance individual liberty with the needs of the nation

C. did not trust the common people to obey the laws

D. expected the American people to oppose most government policies

27. The amendment process was included in the United States Constitution in order

A. to remove government officials from political office

B. to check the power of the Supreme Court

C. to allow government to meet the changing needs of society

D. to preserve the federal system of government

28. A system of checks and balances was included in the United States Constitution because the authors were concerned about

A. one branch of government becoming too strong

B. the states having too much power

C. the people having a voice in government

D. the military gaining control of the United States

29. Granting pardons/reprieves, receiving ambassadors and being commander-in chief of the armed forces are powers reserved for which of the following elected officials?

A.  Senator B. Chief Justice C. Governor D. President

30. What percent of states are needed for an amendment to become part of the Constitution?

A.  1/3 B. 2/3 C. ¾ D. ½

31. The system of checks and balances is BEST illustrated by the power of

A.  The President to veto a bill passed by Congress

B.  Congress to censure one of its members

C.  A Governor to send the national guard to stop a riot

D.  State and Federal government to levy and collect taxes

32. Which method resulted in the Miranda warnings against self-incrimination and Gideon’s ability to have a right to attorney if he couldn’t afford an attorney?

A. decisions of the United States Supreme Court C. proclamations of state governors

B. executive orders of the President D. congressional actions

33. Which headline illustrates the use of judicial review?

A. “Congress Passes a Civil Rights Bill”

B. “Conference Committee Meets to Finalize Budget”

C. “New York State’s Reapportionment Plan Ruled Unconstitutional”

D. “President Signs SALT Agreement with Russia”

34. Which action would be necessary before the government could deny a person a public trial by an impartial jury?

A. a national referendum C. a unanimous ruling by the Supreme Court

B. passage of a law by Congress D. ratification of a constitutional amendment

35. Which feature of the Presidency is a result of a constitutional amendment?

A. two-term limit in office C. power to appoint ambassadors

B. act as Commander in Chief D. nominate Justices to the Supreme Court

36. The clash between President Franklin D. Roosevelt and the United States Supreme Court over New Deal laws best illustrates the operation of

A. federalism C. due process

B. checks and balances D. the two-party system

37. The 14th Amendment provides that no "state [shall] deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." A direct result of this amendment was

A. the process of amending the Constitution became slower and more complex

B. the guarantees in the Bill of Rights were applied to state actions

C. every citizen gained an absolute right to freedom of speech and assembly

D. the power of the Federal Government was sharply reduced

38. How is the principle of FEDERALISM reflected in the US Constitution?

A. The Constitution sets minimum age requirements for serving as a representative in Congress

B. The Constitution includes a “necessary and proper” clause which allows for a broad reading of the powers of Congress

C. The Constitution includes provisions regarding the amendment process which acknowledges that there would be changes

D. The Constitution acknowledges state governments which must share power with the federal government

39. Which of the following is a check the Executive Branch can impose on the Legislative Branch?

A.  The Attorney General can call Congress into a special session

B.  The President can remove a Congressman from office

C.  The Vice President can cast tie-breaking votes in the Senate

D.  The Secretary of State can veto acts approved by Congress

40. Which of the following is an example of a legislative check on the Judicial Branch?

A. Senators can pardon those convicted in federal court

B. Representatives can overrule federal court rulings

C. Congress can impeach and remove federal judges

D. Congress can appoint the judges of the Supreme Court

41. “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic.” – Justice Oliver Wendell Holmes

Which interpretation of the Bill of Rights does this statement illustrate?

A. The needs of the government are more important than civil liberties

B. Constitutional protections of liberty are not absolute

C. The Supreme Court can eliminate freedoms from the Bill of Rights

D. The Bill of Rights does not safeguard individual liberties

42. Which view of Presidential power led to the 22nd Amendment?

A. The office of President had too much power in the 19th century

B. Checks and balances in the Constitution sufficiently limit the President’s power

C. Congress should have more power to check the president’s power

D. Term limits are needed to keep any one President from growing too powerful

43. One way in which the authors of the Constitution tried to create “limited government” was by providing for

A. a loyal opposition through a two-party system

B. a division of power between the national and state governments

C. the establishment of naturalization laws

D. the popular election of Federal judges

44. Which of the following constitutional principles states that people are only government source of power?

A. Popular Sovereignty C. Limited Government

B. Separation of Power D. Republic

45. Initiating constitutional amendments, power to alter size of Supreme Court and set jurisdiction of courts are all checks the ______branch has on the ______branch.

A. Judicial; Executive C. Executive; National

B. Legislative; Executive D. Legislative; Judicial

46. Consider the following scenario. You are on trial for assault. During your trial, witnesses testify that you were nowhere near the scene of the crime on the night the assault occurred. The jury hears this, finds you not guilty and clears you of the crime. A month later, the prosecutor finds new evidence that she believes links you to the crime. Even though you have been found not guilty, which amendment can you invoke to protect you from being tried for the same crime again?