Deck 2: Constitutional Foundations

Question 1

The Constitution divided power between the state and national governments.This division of power is called ____________________.

A)constitutionalism
B)separation of powers
C)federalism
D)unitarianism
E)bipartisanship

Answer 1

C

Question 2

The first ten amendments to the Constitution were enacted during the ____________________ session of Congress and are known as the Bill of Rights.

A)1768
B)1791
C)1798
D)1812
E)1991

Answer 2

B

Question 3

According to James Madison in The Federalist, No.47, " ...the accumulation of all powers, legislative, executive, and judiciary, in the same hands ...may justly be pronounced the very definition of ____________________."

A)tyranny
B)monarchy
C)democracy
D)federalism
E)check and balances

Answer 3

A

Question 4

A court order directing an official to perform an official duty is called a(n)

A)writ of certiorari.
B)executive order.
C)writ of mandamus.
D)impoundment.
E)judicial review.

Question 5

The House of Representatives must approve presidential appointments and treaties.

Question 6

How many states must ratify an amendment to the Constitution?

A)One-half
B)Two-thirds
C)Three-fourths
D)All the states
E)All the states and the District of Columbia

Question 7

The United States has the longest written constitution in the world.

Question 8

Article 1 of the Constitution established the structure, process and powers of the Executive branch.

Question 9

A directive issued by a president or governor that has the force of law is known as

A)impoundment.
B)an executive order.
C)a legislative veto.
D)impeachment.
E)divided government.

Question 10

The distribution of constitutional authority among the three branches of the national government is known as

A)bicameralism.
B)federalism.
C)divided government.
D)autocracy.
E)separation of powers.

Question 11

A formal accusation by the lower house of a legislature against a public official, the first step in removal from office, is called

A)executive ordering.
B)impoundment.
C)impeachment.
D)congressional control.
E)judicial prerogative.

Question 12

Which of the following is NOT a presidential practice that has helped build the power and influence of the office?

A)Executive order
B)Executive privilege
C)Impoundment
D)Impeachment
E)None of the above

Question 13

Which article of the Constitution establishes a bicameral Congress?

A)Article I
B)Article II
C)Article III
D)Article IV
E)Article V

Question 14

In addition to each branch of government having some authority over the other branches, each branch of government is also politically independent of the other branches.

Question 15

Which of the following statements regarding judicial review is correct?

A)It was first asserted in the case of Gibbons v.Ogden.
B)It is defined in legislation passed in 1789.
C)It is not mentioned in the Constitution.
D)The United States is the only country in the world that uses it.
E)It was first established in the United States under the Articles of Confederation.

Question 16

Divided government is defined as governance that is divided between parties, especially when one holds the presidency and the other controls one or both houses of Congress.

Question 17

The vast majority of amendments to the Constitution have been ratified

A)within one week of proposal.
B)a minimum of five years after proposal.
C)by state ratifying conventions.
D)over presidential vetoes.
E)within two years of proposal.

Question 18

Marbury v.Madison (1803) is a landmark Supreme Court case because it

A)established national supremacy.
B)set the precedent for judicial review.
C)defined the scope of state powers.
D)affirmed the "necessary and proper" clause.
E)outlawed segregation.

Question 19

The idea that the Constitution is a changing and evolving document that should be interpreted in light of the needs of the time is known as

A)the originalist approach.
B)the revisionist approach.
C)the activist approach.
D)the Marshall approach.
E)the adaptive approach.

Question 20

Law that is higher than human law is dubbed _____ law.

A)statutory
B) universal
C) natural
D) supreme
E) constitutional

Question 21

In The Federalist, No.47, Madison states that which of the following "may justly be pronounced the very definition of tyranny?"

A)The accumulation of all powers-legislative, executive, and judiciary-in the same hands
B)The accumulation of all legislative powers in the same hands
C)The accumulation of all executive powers in the same hands
D)The accumulation of all judicial powers in the same hands
E)The accumulation of all bureaucratic powers in the same hands

Question 22

The important contribution that the framers of the Constitution made to the principle of separation of powers was to divide powers but also overlap them so that no institution could take decisive action on its own.

Question 23

Judicial review is known as a formal way to amend the Constitution.

Question 24

Madison called the accumulation of all powers-legislative, executive, and judiciary-in the same hands

A)checks and balances.
B)separation of powers.
C)tyranny.
D)a strong government.
E)federalism.

Question 25

In District of Columbia v.Heller (2008), the Supreme Court ruled that

A)constitutional amendments had to be ratified within seven years of being proposed.
B)individual citizens, apart from any association with a state militia, had a constitutional right to own a gun.
C)the supremacy clause gave the Court the right to declare acts of Congress unconstitutional.
D)natural law could be imposed by the executive branch.
E)the system of checks and balances placed undue burdens on the president's ability to conduct foreign policy.

Question 26

Divided government refers to

A)control of the Senate and House of Representatives by different political parties.
B)control of the national government and state governments by different political parties.
C)the separation of authority in the national government between the three branches.
D)division of governmental authority between the national and state governments.
E)control of the presidency and at least one chamber of Congress by different political parties.

Question 27

Compared to many other national constitutions, the United States constitution is more

A)recent.
B) complicated.
C) specific.
D) flexible.
E) verbose.

Question 28

The Constitution was purposely made difficult to amend.

Question 29

_______________ is a constitutional grant of powers that enables each of the three branches of government to check some acts of the others and therefore ensure that no branch can dominate.

A)Separation of powers
B)Federalism
C)Checks and balances
D)Divided government
E)Tyranny

Question 30

The idea that government must be able to control itself is expressed by James Madison in The Federalist

A)No.51.
B)No.10.
C)No.18.
D)No.72.
E)No.3.

Question 31

Which country has the world's oldest written constitution?

A)France
B)Germany
C)England
D)The United States
E)Mexico

Question 32

Which of the following is an explanation of natural law?

A)Law that defines right from wrong
B)Law that is found only in constitutions
C)Law that is enacted by a legislature
D)Law that is proposed by the executive
E)Law that is overturned by the judiciary

Question 33

The statement "...you must first enable the government to control the governed; and in the next place oblige it control itself" was written by

A)George Washington.
B)John Adams.
C)Thomas Jefferson.
D)Henry Thoreau.
E)James Madison.

Question 34

A law that defines right from wrong, which is higher than human law is called

A)divine law.
B)natural law.
C)superior law.
D)Constitutional law.
E)ordained law.

Question 35

The framers knew that future experiences would call for changes in the text of the Constitution and that eventually it would need to be formally amended.

Question 36

Which of the following is a way in which the Supreme Court can check other branches?

A)Removing the president from office
B)Declaring acts of Congress unconstitutional
C)Refusing to fund programs established by Congress
D)Calling for a special session of Congress
E)Changing the inauguration date of presidents

Question 37

Federalists supported a strong role for the federal courts and the idea of judicial review.

Question 38

Which of the following is a way in which the president can check other branches?

A)Vetoing acts of Congress
B)Removing federal judges
C)Cutting salaries for members of Congress
D)Calling special elections
E)Declaring war

Question 39

What article of the Constitution establishes the executive power and the president?

A)Article I
B)Article II
C)Article III
D)Article IV
E)Article V

Question 40

Article ____ of the Constitution creates the Supreme Court.

A)I
B)II
C)III
D)IV
E)V

Question 41

Divided government

A)typically increases the role of partisanship in government.
B)cannot occur in the United States due to our system of separation of powers.
C)is a formal part of checks and balances outlined in the Constitution.
D)is the division of governmental authority between the national and state governments.
E)None of these

Question 42

The allocation of certain powers to the national government and other powers to states is called

A)bicameralism.
B)divided government.
C)statism.
D)federalism.
E)separation of powers.

Question 43

The term separation of powers refers to the

A) individual powers of a president are separated among his cabinet secretaries.
B) separation of the Congress into the House and the Senate.
C) allocation of power among the three branches of government.
D) belief that the federal government should be subservient to the state governments.
E) separation of powers between the federal government and the state governments.

Question 44

The Founding Fathers created a system that

A) encouraged participatory democracy.
B) favored the popular majority.
C) rewarded hard work.
D) restricted decision making by popular majority.
E) emphasized prompt, decisive government action.

Question 45

The political system is kept up-to-date through changes in the informal, unwritten Constitution mainly through

A)basic statutes and historical practices of Congress.
B)presidential actions.
C)Supreme Court decisions.
D)congressional elaboration.
E)All of the above

Question 46

The power to strike down a law or a government regulation that judges believe conflicts with the Constitution is known as

A)an executive order.
B)a writ of certiorari.
C)impoundment.
D)judicial review.
E)a writ of mandamus.

Question 47

Which of the following is NOT a way in which the United States (or at least some states) has moved toward more direct democracy?

A)Referenda
B)Initiative
C)Popular election of the president
D)Direct primaries
E)Recall elections

Question 48

The legislative branch can

A) pardon persons convicted of federal crimes.
B) override presidential vetoes.
C) pass ex post facto laws.
D) nominate individuals to serve as federal justices.
E) go public.

Question 49

Which of the following statements regarding judicial review is correct?

A)The framers purposely did not include it in the Constitution because they believed the judiciary should never have this authority
B)The framers of the Constitution likely assumed that Congress would abolish the judiciary quickly and therefore did not feel judicial review was necessary
C)The framers clearly intended that the Supreme Court would not have the power to declare state legislation unconstitutional
D)The framers never considered the possibility that the judiciary would do anything other than preside over criminal trials making judicial review irrelevant
E)The framers probably did not include it in the Constitution because they believed justices could infer they had the power, from certain general provisions and the necessity of interpreting and applying a written constitution

Question 50

In creating a national government with a system of checks and balances, the framers of the Constitution sought to

A)eliminate any role for the judicial branch.
B)limit the ability of any branch of the national government from becoming too powerful.
C)ensure that governmental accountability to the public was impossible to achieve.
D)make sure that the president was the nation's true leader who would get the final say about everything.
E)guarantee the supremacy of the states over the national government.

Question 51

During the Revolutionary period, legislatures

A) were curbed by the checks and balances system.
B) became the dominant branch of government.
C)suffered from a steady decrease in power.
D) governed firmly and wisely.
E) were dissolved to protect the identity of the officeholders.

Question 52

____________ is the power to keep executive communications confidential, especially if they relate to national security.

A)Presidential secrecy
B)Impoundment
C)Executive privilege
D)Presidential prerogative
E)Executive order

Question 53

In The Federalist, No.51, Madison discussed the need for "auxiliary precautions" against popular tyranny, which include

A)separation of powers.
B)states' rights.
C)the Bill of Rights.
D)unfunded mandates.
E)free elections.

Question 54

The power of the executive branch has been expanded by

A) the power to declare war.
B) new technologies.
C) direct primaries.
D) the power to appropriate funds for programs.
E) the frequent use of the presidential pardon.

Question 55

The Judiciary Act of 1789

A)formally created the power of judicial review.
B)gave the Supreme Court the authority to issue writs of mandamus.
C)increased the number of justices on the Supreme Court to 23.
D)gave the president the power to remove justices from the Supreme Court.
E)was vetoed by President Andrew Jackson.

Question 56

James Madison looked to which of the following political philosophers for his justification of the principle of separation of powers?

A)Plato
B)Aristotle
C)Locke
D)Montesquieu
E)Locke and Montesquieu

Question 57

The original checks and balances system has been modified by

A) the demise of political parties.
B) the abolition of all regulatory agencies.
C) the direct election of senators.
D) giving representatives a four-year term.
E) severe restrictions on use of the impeachment power.

Question 58

The Kentucky and Virginia Resolutions

A)suggested that judicial review was unconstitutional.
B)argued against the ratification of the Constitution.
C)established the practice of judicial review.
D)were resolutions passed by state legislatures urging members of Congress to propose a constitutional amendment formally outlining judicial review.
E)None of the above

Question 59

When one party controls the legislative branch and another party the executive branch, this is knownas

A) bicameralism.
B) divided government.
C) executive action.
D) an executive agreement.
E) a split ticket.

Question 60

The Supreme Court's power of judicial review was established in the case of

A)Roe v.Wade.
B)McCulloch v.Maryland.
C)Marbury v.Madison.
D)Brown v.Board of Education.
E)District of Columbia v.Heller.

Question 61

The adaptive approach to constitutional interpretation

A)would likely enhance the authority of the president.
B)forces constitutional change to occur only through constitutional amendments.
C)has been ruled unconstitutional by the Supreme Court.
D)makes the judiciary a more powerful actor in American politics.
E)All of the above

Question 62

Figure 2-3 shows that the ____________ Amendment took the longest to ratify.

A)First
B)Twenty-seventh
C)Fifth
D)Fifteenth
E)Seventeenth

Question 63

Presidential refusal to allow an agency to spend funds that Congress authorized and appropriated is called

A)executive stubbornness.
B)treason.
C)line-item veto.
D)executive privilege.
E)impoundment.

Question 64

The originalist approach to constitutional interpretation

A)argues that the Constitution should be understood according to the framers' intent.
B)was first espoused by Charles Beard in The Antifederalist.
C)has been ruled unconstitutional by the Supreme Court.
D)sees the Constitution as a changing and evolving document that provides a basic framework for government.
E)believes that George Washington was the original author of the Declaration of Independence.

Question 65

Which of the following is correct about the Equal Rights Amendment?

A)It was never approved by Congress
B)It was never ratified by any state
C)It is the Twenty-Sixth Amendment
D)It was widely opposed by feminist groups including the National Organization for Women
E)It has still not been ratified

Question 66

Which article of the Constitution allows Congress to call a Constitutional Convention?

A)Article I
B)Article II
C)Article IV
D)Article V
E)Article X

Question 67

Which of the following has served to concentrate more power in the executive branch?

A) Poverty
B)Global warming
C) Impeachment
D) Foreign and economic crises
E) The Internet

Question 68

The United States has the world's oldest written constitution.

Question 69

Amendments to the U.S.Constitution

A)may be proposed by a simple majority vote in both chambers of Congress.
B)may be ratified by approval of two-thirds of state legislatures.
C)may be proposed at a convention called by Congress at the request of the legislatures in two-thirds of the states.
D)must be approved by the president.
E)All of the above

Question 70

_______ amendments to the Constitution have been ratified.

A)Ten
B)One hundred
C)Twenty-seven
D)Thirty-eight
E)Three

Question 71

According to the Supreme Court, after an amendment is proposed, it must be ratified

A)in one year.
B)in three years.
C)in seven years.
D)in a reasonable time.
E)None of the above

Question 72

Recently, California used the initiative process to adopt a constitutional amendment banning

A)flag burning.
B)abortion.
C)prayer in public schools.
D)same-sex marriage.
E)religious displays in public buildings.

Question 73

The U.S.Constitution is a highly detailed document with specificity on a wide range of topics.

Question 74

Article I of the Constitution establishes a bicameral Congress.

Question 75

With one exception, ratification of constitutional amendments has been by action of

A) the president.
B)the Supreme Court.
C)state conventions.
D) national conventions.
E) state legislatures.

Question 76

The only method used thus far to propose amendments to the Constitution is

A)a two-thirds vote of both houses of Congress.
B)state conventions.
C)state legislatures.
D)popular mandate.
E)introduction by the president.

Question 77

Currently, flag burning

A)is illegal under state law in most states.
B)is illegal based on a law passed by Congress.
C)is legal based on a Supreme Court ruling.
D)is legal based on a law passed by Congress.
E)is legal under state law in most states.

Question 78

The Equal Rights Amendment would have barred discrimination on the basis of

A)race.
B)ethnicity.
C)age.
D)sex.
E)height.

Question 79

The Constitution of the United States has been altered without formal amendment by all BUT whichof the following methods?

A) Congressional elaboration
B) Presidential practice
C) Custom and usage
D) Opposition by states
E) Supreme Court decisions

Question 80

Which of the following is a practice that illustrates the growth of presidential power beyond powers explicitly listed in the Constitution?

A)Vetoes of legislation passed by Congress
B)The use of executive orders
C)The signing of treaties with foreign countries
D)Declaring war
E)Appointing justices to federal courts