Deck 3: State Constitutions

Question 1

Which of the following statements about the Model State Constitution is true?

A) It has twelve basic articles that are included in today's state constitutions.
B) It has six basic articles that are also found in the U.S. Constitution.
C) It endorses widespread use of legal phrasing in revised constitutions.
D) It advocates a single constitution suitable to all fifty states.

Answer 1

A

Question 2

The positive-law constitutional tradition would BEST be exemplified by a constitution with

A) detailed provisions and procedures.
B) basic and enduring principles that reach beyond statutory law.
C) an amendment process that makes it difficult to change the constitution.
D) a bill of rights and few other provisions.

Answer 2

A

Question 3

The National Municipal League's Model State Constitution emphasized

A) a weak governor and strong legislature.
B) brevity and broad functions and responsibilities of government.
C) brevity and a weak governor.
D) a focus on specific and detailed policy issues.

Answer 3

B

Question 4

The United States Constitution is an example of which constitutional tradition?

A) the positive-law tradition
B) the judicial review tradition
C) the higher-law tradition
D) the legislative proposal tradition

Question 5

Thomas Jefferson believed that each generation should have the right to choose for itself its own form of government, and that it would be appropriate for a new constitution to be considered about every

A) twenty years.
B) fifty years.
C) thirty years.
D) forty years.

Question 6

The only unicameral legislature in the United States can be found in

A) Wisconsin.
B) Arizona.
C) Florida.
D) Nebraska.

Question 7

The Massachusetts constitution, though amended, is the only constitution of the original thirteen states that still exists because

A) Massachusetts is a very politically active state.
B) complicated procedures are required before it can be replaced.
C) the drafter, John Adams, grounded the document in extensive research of governments that took him all the way back to the ancients.
D) Massachusetts is unwilling to adjust to new ways.

Question 8

Legislative supremacy, or the legislature's dominance of the other two branches, was embedded in early constitutions due to

A) the framers' fear and distrust of the executive.
B) a requirement for statehood.
C) the framers' belief that legislative politics was pure and honorable.
D) the fact that the framers had no experience working with an executive branch and didn't know what to expect.

Question 9

Which of the following was NOT a reason state constitutions increased significantly from their original size?

A) growing social and economic complexity
B) a perceived need to be extremely specific about what the legislatures could do
C) a desire to delineate state from national powers
D) the early adoption of the legislative supremacy

Question 10

Which of the following was NOT mechanism that increased gubernatorial power in the 1800s?

A) longer terms for the governor
B) term limits for governors
C) popular election of the governor
D) the authority to veto legislative bills

Question 11

Which of the following problems do lengthy state constitutions create for states?

A) an increased likelihood of contradicting U.S. Supreme Court decisions
B) the need for state courts to rule on conflicting provisions
C) the burden of increased legal costs that are passed on to business interests
D) the need for frequent revision

Question 12

At a minimum, all state constitutions must protect and guarantee individual rights and liberties that are

A) found in the U.S. Bill of Rights.
B) related to equal educational opportunities.
C) addressed by the First Amendment.
D) determined by the U.S. Supreme Court.

Question 13

What drove constitutional change after Reconstruction?

A) Jacksonian notions of popular government
B) Populist and Progressive reform movements
C) African American reform movements
D) Constitutional negotiations with Confederate states

Question 14

Which of the following descriptions BEST characterizes the condition of state constitutions by 1950?

A) filled with needed details about the power and authority of local government
B) severely limiting the types of taxes, other fees, and revenues states could impose without a popular vote
C) long, inflexible, and overly detailed, thus tying the hands of state government in its efforts to meet the challenges of the era
D) modernized by adding much needed details, thus equipping the states to adapt to the era

Question 15

What decade saw the highest level of constitutional activity in U.S. history, much of it in the southern states?

A) 1860-1870
B) 1960-1970
C) 1920-1930
D) 1820-1830

Question 16

Which state has the longest state constitution?

A) Maryland
B) Illinois
C) Alabama
D) Texas

Question 17

The Model State Constitution was developed by

A) the U.S. Supreme Court in 1921.
B) the National League of Cities in 1960.
C) the Council of State Governments in 1968.
D) the National Municipal League in 1921.

Question 18

State constitutions represent the fundamental law of the state, thus

A) they are inferior to statutory law.
B) they are equal in power to federal law.
C) they are supreme in only those matters specifically delegated to the state in the U.S. Constitution.
D) only the national constitution and statutes have priority over them.

Question 19

Which of the following statements about the influential Kestnbaum Commission is true?

A) It was disbanded before it could review each state's constitution.
B) It was successful in producing the Model State Constitution, which would be used by most states to revise their constitutions.
C) It was charged with actually rewriting several state constitutions.
D) It was in favor of the states reviewing their constitutions to ensure responsible government.

Question 20

The creation of executive boards and commissions during the Jacksonian-era was intended to expand opportunities for public participation in state government and to limit the powers of the governor, but instead has led to

A) fragmentation and a lack of policy coordination in the executive branch.
B) a swamp of local governments which suffer from overlapping responsibilities and an absence of coordination.
C) unequal treatment of minorities and immigrants.
D) restrictions on local government authority which inhibits their ability to meet citizen needs.

Question 21

In order to study an existing constitution and subsequently recommend changes to the legislature or to the voters, states often establish

A) initiative working groups.
B) constitutional conventions.
C) constitutional commissions.
D) model state constitutions.

Question 22

All of the formal procedures for constitutional change in the states involve two basic steps. What are these two steps?

A) legislative and executive proposals
B) constitutional conventions and commissions
C) direct and indirect initiatives
D) initiation and ratification

Question 23

The U.S. Constitution contains about 8,700 words, while the typical state constitution is much longer in length.

Question 24

Once citizens obtain the signatures required to get a constitutional initiative placed on the ballot, experience has shown that

A) a majority of the electorate will vote in favor of the change.
B) the electorate will respond with apathy.
C) opposing interests will then proclaim their objections.
D) the provisions of the initiative will be changed by the legislature.

Question 25

Constitutional conventions are usually dominated by delegates who are

A) lobbyists.
B) lawyers, educators, and businesspeople.
C) ethnically and socially diverse.
D) legislators.

Question 26

Following the War of Independence, the former colonies used special revolutionary conventions or legislative assemblies to draft their new constitutions.

Question 27

What change have many states made to their constitution in regard to the judicial branch?

A) the division of the state court system
B) the selection of state judges through gubernatorial appointment
C) the selection of judges through a merit plan
D) the selection of state judges through legislative election

Question 28

The legislative proposal method of constitutional change is probably BEST suited for which type of revisions?

A) revisions that are relatively narrow in scope
B) revisions that are broad and interpretable
C) statutory revisions
D) revisions to fiscal policy issues

Question 29

Direct initiatives are distinguished by the fact that

A) the legislatures vote directly on citizens' proposals.
B) proposals are placed directly on the general-election ballot.
C) the secretary of state must certify that sufficient signatures exist to permit immediate adoption.
D) the courts must decide that the proposals are consistent with federal law before they are adopted.

Question 30

Following the War of Independence, all states rewrote their constitutions and put them into effect immediately without popular ratification.

Question 31

_______ , which is the most common manner of making formal changes to state constitutions, is permitted in all fifty states and accounts for 90 percent of all constitutional revisions.

A) Legislative proposal
B) Initiative
C) Constitutional convention
D) Constitutional commission

Question 32

Only federal law and federal statutes take priority over state constitutions and state laws.

Question 33

The informal method of amending state constitutions rests upon

A) interpretation by governors.
B) direct initiative.
C) interpretation by the various branches of government.
D) reliance on challenges in the federal court system.

Question 34

According to legend, a patriot hid the Fundamental Orders of Connecticut in a hollow tree (nicknamed Charter Oak) to keep the British from seizing the document.

Question 35

The Commonwealth of Massachusetts has the oldest state constitution in use, although it has been amended more than 100 times.

Question 36

Judicial review evolved at the state level through

A) formal adoption in state constitutions.
B) the courts' own insistence that they hold this authority.
C) executive order.
D) the initiative process.

Question 37

Constitutions represent the fundamental law of a state, superior to statutory law.

Question 38

Legislative supremacy remains the norm in most states.

Question 39

State constitutions are generally shorter in length than the U.S. Constitution.

Question 40

One national survey found that 51 percent of Americans were NOT aware that their state had its own constitution.

Question 41

Before adopting its new constitution in 1982, Georgia's state constitution contained more than 583,000 words-longer than Tolstoy's "War and Peace."

Question 42

Explain how judicial review and state protection of citizens' rights impact policies of state and local governments.

Question 43

The long ballot refers to having fewer elected officials and more appointed officials under the control of the governor.

Question 44

State supreme courts play the most direct role in changing constitutions through interpretation.

Question 45

State constitutions are political documents and often have been drafted to protect the rights of special interests, such as public utilities, farmers, timber companies, religious groups and, more recently, to address the most controversial issues in politics.

Question 46

Compare the informal and formal methods for making constitutional changes to a state's constitution and discuss the advantages and disadvantages of each.

Question 47

Half the states allow constitutional amendments to be made using direct citizen initiatives.

Question 48

In 2011 and 2012, all 50 states mandated that voters show a photo ID at the polls.

Question 49

The most common way that state constitutions are revised is through judicial interpretation.

Question 50

Delaware is the only state where the voters do NOT approve amendments to its constitution.

Question 51

Nebraska is one of four states that has a unicameral state legislature.

Question 52

The legislative proposal is used more often than the initiative in amending state constitutions.

Question 53

Localities in some states have to obtain explicit permission from the state legislature before providing a new service, tapping a new source of revenue, or exercising any other authority not specifically granted them by the state.

Question 54

Judicial review is the power of the U.S. Supreme Court or a state supreme court to declare unconstitutional actions of the executive and legislative branches as well as decisions of lower courts.

Question 55

Vermont has the longest state constitution, with roughly 376,000 words.

Question 56

No constitutional formula can be suitable for all the states because they differ too much in history, society, economics, and political culture.

Question 57

In 1955, the Kestnbaum Commission devised the model state constitution, which many states used as a model in revising their own constitutions.

Question 58

State constitutions today conform less closely to the higher-law tradition and the Model State Constitution than state constitutions of the past.

Question 59

Between 1960 and 1980, every state altered its fundamental law in some respect, and new or substantially revised constitutions were put into operation in more than half the states.

Question 60

Individual rights and liberties were first protected in state constitutions.

Question 61

Describe the evolution of state constitutions from colonial times through the current era. Discuss the American tradition of written constitutions and how state constitutions were originally shaped by the colonial experience. Discuss the pressures to create a long constitution and the advantages and disadvantages of such a constitution. Include the major developments and trends that have occurred over the past 200 years.

Question 62

Describe four major elements of the National Municipal League's Model State Constitution. Discuss the perceived problem with existing state constitutions that each element attempted to overcome. In conclusion, address the issue of how effective these elements are in addressing the problem and speculate on any additional elements that might be needed.

Question 63

Discuss the difference between constitutional conventions and constitutional commissions, and describe the role each plays in the constitutional revision process.