Deck 2: Federalism and the Texas Constitution

Question 1

Why was the Texas Grange important in shaping Texas government?

A) The Grange dominated the convention of 1868,which wrote the 1869 Constitution.
B) The Grange advocated large public subsidies to railways.
C) The Grange supported African American political,economic,and social equality.
D) The Grange advocated "retrenchment and reform"-a weak and cheap government.
E) The Grange denounced "retrenchment and reform"-a weak and cheap government.

Answer 1

D

Question 2

What was the result of the special election of 1975 on the proposed Texas Constitution?

A) Overwhelming voter approval for the document
B) Defeat of the proposed constitution by a 62 percent voter turnout
C) Defeat of all eight submissions with a low voter turnout
D) Approval of four of the eight submissions and defeat of the other four
E) A challenge in court resulting in a split decision by the U.S.Supreme Court

Answer 2

C

Question 3

What does the U.S.Constitution's national supremacy clause say?

A) State laws take precedence over federal laws.
B) Federal laws enacted under the U.S.Constitution take precedence over state laws.
C) State constitutions are supreme over the national Constitution.
D) Laws passed by Congress take precedence over the U.S.Constitution.
E) All laws are to be interpreted by the U.S.Supreme Court.

Answer 3

B

Question 4

Which of the following statements regarding the Texas Constitution in its capacity as the state's fundamental law is true?

A) It spells out the size and salary of the legislature.
B) It creates governmental institutions,assigns them powers,and places limitations on them.
C) It determines the property tax rate.
D) It provides for revision once in each generation.
E) It cannot be amended or altered in any way unless approved by the Texas Supreme Court.

Question 5

Which of the following statements regarding separation of powers is true?

A) The concept is not found in the Texas Constitution.
B) It requires Texas to have a bicameral legislature.
C) It places the lawmaking,law-enforcing,and law-adjudicating powers in separate branches of government.
D) The concept has been rejected by American constitutional theory.
E) It is expressly stated in Article I of the Texas Constitution.

Question 6

Which of the following statements regarding the Texas Bill of Rights is true?

A) It is shorter than that in the federal Constitution.
B) It contains a lower level of protection than does the federal Constitution.
C) It has been deleted from the Texas Constitution because most rights are now federally protected.
D) It contains a provision guaranteeing equal rights for women-something not found in the federal Constitution.
E) It matters very little due to the Fourteenth Amendment to the U.S.Constitution.

Question 7

Which of the following is not part of the formal amendment process for state constitutional amendments?

A) Three-fifths vote of a joint resolution in the state legislature
B) Explanatory statements prepared and published on social media sites
C) Signature of the governor
D) Simple majority of the voters who vote in the election
E) Review and legal opinion of the attorney general

Question 8

What year was the annexation of Texas by the United States authorized by Congress?

A) 1836
B) 1845
C) 1861
D) 1870
E) 1866

Question 9

The federal government extended its power to regulate aspects of the economy such as railroads,worker safety,minimum wages,and maximum hours principally through which of the following?

A) Repeal of the Tenth Amendment
B) Broad interpretation of the interstate commerce clause
C) State government secession
D) A more restricted use of Article I power
E) Broad interpretation of the Tenth Amendment

Question 10

Which of the following provisions is in the U.S.Constitution?

A) Each state reserves the right to have whatever form of government (e.g. ,republican,unitary,confederation)it wishes.
B) Territorial incongruence-a state can be combined with another state without its consent.
C) Each state is provided two members in the U.S.Senate and more than one member in the U.S.House of Representatives.
D) Each state has an equal vote in the electoral college.
E) Proportional votes in the electoral college are based on the number of members elected to Congress from that state.

Question 11

The 1996 Defense of Marriage Act (DOMA)prohibited national government recognition of same-sex marriage and allowed states to deny same-sex marriages performed in other states.Which of the following would be violated by DOMA?

A) The full faith and credit clause
B) The supremacy clause
C) The necessary and proper clause
D) The commerce clause
E) The Tenth Amendment

Question 12

Which term best describes the "necessary and proper" clause,found in Article I,Section 8 of the U.S.Constitution?

A) Delegated powers
B) Implied powers
C) Inherent powers
D) Reserved powers
E) Designated powers

Question 13

What is the governor's role in the constitutional amendment process?

A) Initiate the proposed amendment
B) Veto the legislative proposal
C) Use personal influence to sway the outcome
D) Sign the final outcome into law
E) Exercise a line-item veto of the amendment

Question 14

How has the Texas Supreme Court interpreted Article VII,Section 1 of the state constitution?

A) It requires a bicameral legislature.
B) It requires a photo ID for voters.
C) It requires a ban on a state income tax.
D) It requires adequate and equitable funding for public education.
E) It requires a "Robin Hood" plan to fund public education.

Question 15

What principal historic event shaped the 1866 Texas Constitution?

A) Texas joining the southern Confederacy
B) Texas seeking reinstatement into the Union after the Civil War
C) Texas re-seeking full independence
D) Texas proposing the division of the state
E) Texas signing the Treaty of Guadalupe

Question 16

Where is the "Legislative Department" of Texas government provided for in the state constitution?

A) Article I
B) Article III
C) Article IX
D) Article XX
E) Article II

Question 17

Which of the following statements regarding the Texas Constitution is not true?

A) It limits actions of the national government.
B) It outlines the structure of Texas's state government.
C) It authorizes the creation of cities and counties.
D) It establishes basic rules for state governance.
E) It allows Texas to secede from the Union.

Question 18

Which of the following statements regarding voter turnout for constitutional amendment elections is true?

A) It may reach 50 percent if there is enough controversy.
B) It is always around 40 to 50 percent.
C) It is low unless it is for an education issue.
D) It is typically low.
E) It is as high as the turnout during the most recent presidential election.

Question 19

Which of the following statements regarding Texas and funds from the federal government for unemployment,Medicaid,and public school funding is true?

A) Texas refused the funds.
B) Texas accepted the funds.
C) Texas matched the funds.
D) Texas redistributed the funds.
E) Texas forfeited the funds.

Question 20

What did the Supreme Court rule after considering Texas's challenge to the Patient Protection and Affordable Care Act?

A) The U.S.government may penalize those without insurance but may not withdraw Medicaid funding from states that refuse to expand the program.
B) The entire Patient Protection and Affordable Care Act is unconstitutional.
C) The U.S.government may withdraw Medicaid funding from states that refuse to expand the program but may not penalize those without insurance.
D) The entire Patient Protection and Affordable Care Act is constitutional.
E) The U.S.government cannot penalize those without insurance and may withdraw Medicaid funding from states that refuse to expand the program.

Question 21

What principal historic event led to creation of the Texas Constitution of 1861?

A) Texas joining the American federal Union
B) Texas joining the southern Confederacy
C) Reconstruction
D) A financial depression
E) The battle at the Alamo

Question 22

What did the Texas Constitution of 1869 do to meet the demands of Reconstruction?

A) Disenfranchised freed slaves
B) Enfranchised prominent whites
C) Diminished military rule
D) Guaranteed political appointments to freed slaves
E) Enfranchised freed slaves,disenfranchised some whites,and imposed military rule

Question 23

How many constitutions has Texas had?

A) Six
B) Seven
C) Five
D) Seventeen
E) Eight

Question 24

Which of the following statements most accurately describes the relationship between state constitutions and the U.S.Constitution?

A) State constitutions prevail over the U.S.Constitution.
B) The U.S.Constitution can be modified by changes in state constitutions and vice versa.
C) The U.S.Constitution prevails over state constitutions in all matters.
D) There is no relationship between the two because they are mutually exclusive.
E) The U.S.Constitution grants certain powers to the national government while reserving other powers to the states.

Question 25

What part of the U.S.Constitution provides that the citizen of one state is entitled to the same privileges and immunities of a citizen of another state?

A) Article V
B) Article IV
C) Fifth Amendment
D) Tenth Amendment
E) Article II

Question 26

What happened three years after Mexico gained its independence from Spain in 1821 in the area that is now Texas (then known as Coahuila y Tejas)?

A) Texas crowned its first king and did away with constitutionalism.
B) Texas became its own nation and wrote its own national constitution.
C) Texas became part of a dictatorship for the first time and lost all sovereignty.
D) Texas became part of a federal republic for the first time and adopted its first state constitution.
E) Texas became the twenty-eighth state of the United States.

Question 27

Which of the following statements regarding the Tenth Amendment to the U.S.Constitution is true?

A) It denies all powers to the states except for those specifically granted to them.
B) It makes no mention of the state governments.
C) It grants all undesignated powers to the federal government.
D) It reserves to the states those powers not delegated to the federal government.
E) It gives states powers over all matters concerning education,marriage,and law enforcement.

Question 28

In 1974,what was the result of a draft constitution prepared by the constitutional revision commission?

A) It was passed by the state legislature at the constitutional revision convention.
B) It fell three votes short of passage at the constitutional convention.
C) It dissolved state government until a new constitution was written.
D) It proposed an amendment to the U.S.Constitution.
E) It ratified an amendment to the U.S.Constitution.

Question 29

What is the best way to describe the 1876 Texas Constitution,which is still Texas's fundamental law today?

A) Lengthy and confusing
B) Brief and tightly organized
C) Easily understood by the average citizen
D) So badly written that Texas courts regularly ignore it
E) Difficult to amend

Question 30

What did the Texas Constitution of 1869 provide for?

A) Biennial legislative sessions
B) Popular election of judges
C) More decentralized state government
D) Six-year terms for all executive offices
E) The abolition of county courts

Question 31

What did the Court rule in Thelma White's 1955 lawsuit against the state of Texas?

A) The state laws requiring segregation in higher education were invalid.
B) Texas could not secede from the Union.
C) Discriminatory sodomy laws were unconstitutional.
D) The exclusionary rule does not apply to Texas.
E) Same-sex marriage laws were unconstitutional in Texas.

Question 32

What name is given to the powers of the national government that are specifically stated in the U.S.Constitution?

A) Delegated powers
B) Implied powers
C) Inherent powers
D) Reserved powers
E) Designated powers

Question 33

In which type of government system is power divided between a national government and associated regional governments?

A) Unitary system
B) Confederate system
C) Federal system
D) Autocratic system
E) Confederation

Question 34

What did the authors of the 1876 Texas Constitution do as part of their effort to dismantle the Reconstruction efforts of Governor E.J.Davis?

A) Ended segregation in Texas
B) Denied taxpayers the right to vote on judgeships
C) Reinstated racial segregation in public education
D) Allowed blacks to attend all white schools
E) Forced white employers to hire African American workers

Question 35

Which of the following statements regarding the constitution submitted by the legislature in April 1975 to the voters is true?

A) It was twice as long as the 1876 Constitution.
B) It was concise,orderly,and well-drafted.
C) It was essentially the same as the 1876 Constitution,though it was better organized.
D) It was a clearly confusing and unworkable document.
E) It was written to benefit special interest groups like the NRA and Planned Parenthood.

Question 36

What did the 1866 Texas Constitution do for African Americans?

A) Extended the right to vote
B) Granted the opportunity to hold public office
C) Gave the right to sue
D) Gave the right to testify against whites
E) Provided reparations

Question 37

White Texans reacted negatively against Governor Edmund (E.J. )Davis because of which of the following?

A) The freedom of black slaves and government efforts to protect them
B) The defeat of "Texicans" at the Alamo
C) T.R.Fehrenbach's negative characterization of slaves
D) Governor Davis's support of slavery and the Confederacy
E) Governor Davis's reluctance to impose martial law across the state

Question 38

Where is it written that Texas may divide into as many as five states?

A) The Texas Constitution
B) The terms of Texas's annexation to the United States
C) Article V of the U.S.Constitution
D) The Tenth Amendment of the U.S.Constitution
E) The Treaty of Guadalupe

Question 39

In 2011,an amendment to the Texas Constitution authorized a program to do which of the following?

A) Provide low-interest loans to college students regardless of financial need
B) Ban the hunting of feral hogs
C) Require those who carry weapons to display them openly
D) Forgive all student loans to stimulate consumer spending
E) Grant community college tuition to graduating high school seniors with a "B" average

Question 40

Which of these has the power to propose amendments to the Texas Constitution?

A) Texas legislature
B) Texas governor
C) Texas secretary of state
D) Texas election commission
E) Texas residents with a minimum of 5,000 signatures on a petition

Question 41

What does the U.S.Constitution establish with regard to federalism?

A) It codifies the reserved powers of the states.
B) It provides a specific list of state powers.
C) It leaves the reserved powers of the states undefined.
D) It specifies all reserved powers of the states.
E) It allows the states to establish powers of the federal government.

Question 42

Which term best describes the decline in national control over state governments?

A) Nationalization
B) Devolution
C) Incorporation
D) Segregation
E) Revolution

Question 43

What is the Supreme Court's process of applying portions of the Bill of Rights to states through the Fourteenth Amendment's due process clause called?

A) Incorporation
B) Segregation
C) Secession
D) Integration
E) Ratification

Question 44

Between 1876 and 2018,how many amendments to the Texas Constitution were adopted?

A) 27
B) 50
C) 498
D) 522
E) 600

Question 45

What powers may the Texas government exercise due to the prevailing political philosophy among delegates in 1875?

A) Any powers it chooses
B) Any powers not prohibited by the Texas Constitution
C) Only those powers specified in the Texas Constitution
D) Only those powers defined by the Texas Supreme Court
E) Any reserved powers due to the Tenth Amendment to the U.S.Constitution

Question 46

Which of the following statements regarding most constitutional amendments adopted in Texas is true?

A) They were struck down by the voters.
B) They were surrounded by controversy and national attention.
C) They were necessary because of the detailed nature of the state's constitution.
D) They were not needed in order for the legislature to deal with the specific issues.
E) They required a two-thirds vote for ratification.

Question 47

Why has the Texas Constitution needed hundreds of amendments?

A) Because of its specificity and detail
B) Because time limits on various provisions require multiple amendments
C) Because broad powers granted to the legislature allow many amendments to be introduced
D) Because the constant indecision of the state government requires such protections
E) Because of the legislature's failure to make laws

Question 48

In 1972,how did a majority of Texas voters exercise their right to demand a change in government?

A) They approved a recall election to remove the governor who was then in office.
B) They approved a proposed amendment to authorize the appointment of a constitutional revision commission.
C) They rejected an initiative to limit legislators to a single term.
D) They rejected a referendum to repeal the law that established segregation in higher education.
E) They proposed a constitutional convention to draft a new constitution.

Question 49

What has been the trend in federal-state relations since the 1980s?

A) The federal government has assumed more financial responsibility for state programs.
B) States have assumed more responsibility for Social Security and Medicare.
C) The federal government has transferred more responsibility to the states but has reduced funding.
D) States have played a larger role in the area of national defense and border security.
E) The federal government has not transferred enough responsibility to the states and spends more money on them.

Question 50

What did the U.S.Supreme Court find in the 1869 Texas v.White case?

A) The U.S.Constitution does not provide for states to leave the Union.
B) States are required to give full faith and credit to court decisions from other states.
C) States must pay the national government debt.
D) English is the official language of the United States.
E) Texas may divide into as many as five separate states.

Question 51

Which of the following would not be considered a reserved power of the states?

A) Use of police power
B) Raising revenue to pay state employees
C) Assessment of a property tax
D) Ownership of public water supply
E) Declaration of war

Question 52

Several states,such as Colorado and Washington,have legalized marijuana for recreational purposes.In effect,these states have done which of the following?

A) Ignored a limited area of national law
B) Recognized that only states have the legal right to regulate controlled substances
C) Followed a Supreme Court decision that said the federal government may not make laws that contradict state laws
D) Recognized that the Supreme Court has limited state sovereignty with regard to the use of marijuana
E) Conceded that only the federal government has the legal right to regulate controlled substances

Question 53

Which individual was elected the first president of the Republic of Texas under the Texas Constitution of 1836?

A) General Antonio Lopez de Santa Anna
B) Edmund Jackson Davis
C) Jefferson Davis
D) Sam Houston
E) Jim Bowie

Question 54

Which article of the U.S.Constitution contains the national supremacy clause?

A) Article I
B) Article V
C) Article VI
D) Article X
E) Article VII

Question 55

Which of these is protected by the Texas Bill of Rights but not by the U.S.Bill of Rights?

A) Rights of crime victims
B) The right to keep and bear arms
C) The right to engage in libel and slander
D) Freedom of the press
E) Freedom to petition the government for a redress of grievances

Question 56

The regulation of interstate and foreign commerce among the several states by the U.S.Congress is an example of which type of power?

A) Delegated power
B) Implied power
C) Inherent power
D) Reserved power
E) Designated power

Question 57

In which of the following ways can the federal government influence state policymaking?

A) Directly elect state officials
B) Directly legislate for the state
C) Place states in receivership
D) Offer federal grants-in-aid
E) Deny federal grants-in-aid

Question 58

Which of the following factors led Texans to declare independence from Mexico?

A) Annexation to the United States
B) Mexican attitudes of racial superiority
C) Anger over Mexico's adoption of slavery
D) A desire for restricted trade with the United States
E) A desire for unrestricted trade with the United States

Question 59

Which situation would be covered by the "full faith and credit" clause of the U.S.Constitution?

A) Texas recognizes a Louisiana marriage license.
B) Texas returns a fugitive from Oklahoma.
C) Texas charges out-of-state tuition for a citizen of Iowa attending college in Texas.
D) Texas grants a corporation domiciled in Ohio the privilege of doing business in Texas.
E) Texas recognizes residents from Colorado can use marijuana in Texas as long as they have ID.

Question 60

Which of the following was the primary reason for the failure of the 1974 Constitutional Convention?

A) The presence of strong political leadership
B) The governor's heavy-handed attempts at swaying convention attendees
C) Legislators who ignored their need to campaign for reelection
D) Lack of sufficient funds
E) Controversy surrounding "right-to-work" provisions

Question 61

Describe the three sections of the Texas Bill of Rights that contain philosophical observations that have no direct force of law.

Question 62

If you were a member of a constitutional convention,what change would you propose regarding the structure and function of one of the three branches of government?

Question 63

Describe the formal amendment process for the Texas Constitution in comparison to the national Constitution and those of other states and explain why the Texas Constitution has been amended so many times.Provide examples of issues for which the state constitution has been amended.

Question 64

Discuss Article I of the Texas Constitution,and explain how the Texas Bill of Rights is similar to the one found in the U.S.Constitution.

Question 65

What is meant by initiative and referendum? What are its advantages and disadvantages? Would you support Texas adopting initiative and referendum? Why or why not?

Question 66

Explain how 11 of Article I's sections provide protections for people and property against arbitrary government actions.Are any of the rights found in the Texas Constitution also protected under the U.S.Constitution,thus guaranteeing Texans rights in both national and state constitutions? Provide examples.

Question 67

Trace the history of constitutional development in Texas between 1827 and 1845.Describe the historical and political events that led to the creation of the Republic of Texas and then to the admission of Texas as a state within the United States.

Question 68

Explain the concept of incorporation of the national Bill of Rights.Describe the role of the Fourteenth Amendment's due process clause.Describe how incorporation of the Bill of Rights has changed the relationship between the national and state governments.

Question 69

Trace the constitutional revision effort from 1971-1975.Pay particular attention to why the process failed.Does Texas need a new constitution? Why or why not?

Question 70

Explain how the Texas Constitution is more protective of certain rights than the U.S.Constitution.

Question 71

Explain the main ways in which the Texas Constitution of 1876 restricts the powers of the three branches of state government.

Question 72

What is the national supremacy clause? What other limitations does the U.S.Constitution place on states? Explain why you either agree or disagree with one of these limitations.

Question 73

Which of the following describes the Texans elected to a state constitutional convention in the summer of 1875?

A) Mostly native Texans
B) No members of the Texas Grange
C) Texans dedicated to increasing government spending
D) Residents interested in reasserting the independence of Texas
E) Residents interested in weakening the power of state government

Question 74

Provide an understanding of the relationship between the national and state governments.Explain which powers are held by the national government,which powers are reserved to the states,and which powers are shared by both the national and state governments.Be sure to include an understanding of the national supremacy clause contained in Article VI of the U.S.Constitution.

Question 75

Which of the following is responsible for ratifying proposed amendments to the state constitution?

A) The legislature
B) The governor
C) Texas voters
D) County commissioners
E) The Texas Supreme Court

Question 76

Which of these terms describes the power of government to appropriate private property for public projects?

A) Incorporation
B) Eminent domain
C) Appraisal
D) Receivership
E) Concur and seize

Question 77

Which of the following statements regarding the Constitution of 1836 is true?

A) It was modeled on that of Mexico.
B) It was Texas's first state constitution.
C) It was the governing instrument for the Republic of Texas.
D) It was unwritten.
E) It ushered in the era of Reconstruction.

Question 78

In what ways does the U.S.Bill of Rights differ from the Texas Bill of Rights? Should anything in the Texas Bill of Rights be added to the U.S.Bill of Rights? If not,explain why.

Question 79

What is the difference between the full faith and credit clause and the privileges and immunities clause? Explain why you either agree or disagree that a ban on same-sex marriages violates the full faith and credit clause.

Question 80

Which of the following are two sources of the Texas government's powers to govern?

A) U.S.Bill of Rights and the United Nations Charter
B) Texas Constitution and Texas's membership in the federal Union
C) Texas Constitution and the United Nations Charter
D) North American Free Trade Agreement and the U.S.Constitution
E) Texas Declaration of Independence and Treaty of Guadalupe