Separation of Powers: Three Branches of Government

Practice review questions

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

1.  a general loss of individual rights

2.  a strengthening of the principle of separation of powers

3.  the Constitution being adapted to fit changing times

4.  the limiting of Presidential power in domestic affairs

The system of checks and balances is best illustrated by the power of

1.  the President to veto a bill passed by Congress

2.  Congress to censure one of its members

3.  a governor to send the National Guard to stop a riot

4.  state and Federal gov-ernments to levy and collect taxes

Which Presidential action is an example of the unwritten constitution?

1.  appointing Justices to the Supreme Court

2.  granting pardons for Federal crimes

3.  submitting a treaty to the Senate for ratification

4.  consulting with the Cabinet

A lasting impact of the United States Supreme Court under Chief Justice John Marshall is that the Court’s decisions

1.  extended the Bill of Rights to enslaved persons

2.  expanded the power of the Federal Government

3.  restricted the authority of Congress

4.  promoted the views of the President

Adherence to a strict interpretation of the Constitution would have prevented President Thomas Jefferson from

1.  making the Louisiana Purchase

2.  writing “State of the Union” messages

3.  receiving ambassadors

4.  commissioning military officers

The elastic clause, the amending process, and judicial review are all methods by which

1.  Congress may check the power of the executive branch

2.  the wording of the original Constitution may be altered

3.  state governments may limit the power of the Federal Government

4.  the Constitution may be adapted to meet changing conditions

“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?

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

2.  Constitutional protections of liberty are not absolute.

3.  The Supreme Court can eliminate freedoms listed in the Bill of Rights.

4.  The Bill of Rights does not safeguard individual liberties.

The flexibility of the original United States Constitution is due mainly to

1.  its provision for the amending process and judicial interpretation

2.  its guarantees of freedom and justice for all people

3.  the ability to create new branches of government as needed

4.  the willingness of the states to accept Federal control

The Supreme Court’s power of judicial review is a result of

1.  an order by the President

2.  the Court’s own interpretation of the Constitution

3.  a provision in the Bill of Rights

4.  the Court’s decision to hear appeals regarding taxation

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

1.  President George Washington used the Army to suppress a tax rebellion by Pennsylvania farmers

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

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

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

Which method resulted in both "separate but equal" public facilities (1896) and Miranda warnings against self-incrimination (1966)?

1.  decisions of the United States Supreme Court

2.  proclamations of state governors

3.  executive orders of the President

4.  congressional actions

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

1.  federalism

2.  due process

3.  checks and balances

4.  the two-party system

The "clear and present danger" ruling in the Supreme Court case Schenck v. United States (1919) confirmed the idea that

1.  prayer in public schools is unconstitutional

2.  racism in the United States is illegal

3.  interstate commerce can be regulated by state governments

4.  constitutional rights are not absolute

The significance of the Supreme Court case Marbury v. Madison is that the decision

1.  advanced civil rights for minorities

2.  upheld the constitutionality of a national bank

3.  limited Presidential control of foreign policy

4.  established the power of judicial review

Which concept from the European Enlightenment was included in the United States Constitution?

1.  absolutism

2.  despotism

3.  limited monarchy

4.  consent of the governed

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

1.  one branch of government becoming too strong

2.  the states having too much power

3.  the people having a voice in government

4.  the military gaining control of the United States

Which newspaper headline shows the operation of the system of checks and balances?

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

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

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

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

• Congress proposes an amendment legalizing an income tax

• The Supreme Court rules that the income tax is unconstitutional. These events illustrate the use of

1.  delegated powers

2.  checks and balances

3.  judicial legislation

4.  the unwritten constitution

Which governmental action illustrates the system of checks and balances?

1.  a senator helping a governor solve a state problem

2.  the president negotiating a trade agreement with foreign diplomats

3.  the Senate ratifying a peace treaty

4.  Congress raising taxes to pay for federal programs

French Enlightenment philosopher Baron De Montesquieu praised the British political system because it divided the power of government between the monarch and the two houses of Parliament. Which principle included in the United States Constitution shows that the framers agreed with Montesquieu?

1.  separation of powers

2.  federal supremacy

3.  implied powers

4.  due process

The data in the table illustrate the operation of

1.  executive privilege

2.  checks and balances

3.  congressional immunity

4.  federal supremacy