CHAPTER 2: Federalism and the Texas Constitution s1
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CHAPTER 2: Federalism and the Texas Constitution
MULTIPLE CHOICE
1. The two sources for the powers of the Texas government to govern are the
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.
ANS: B REF: 52
2. The Texas Constitution has been criticized
a. / for being too long and lacking organization.b. / for being too short and fragmented.
c. / for being long and centralized.
d. / for being racially motivated.
ANS: A REF: 52
3. Understanding the difference between state government and federal government involves
a. / knowing that state constitutions are more powerful than the U.S. Constitution.b. / understanding that the federal constitution is weaker than state constitutions.
c. / understanding that state constitutions are subject to the U.S. Constitution.
d. / understanding that the Supremacy Clause does not apply to most of the states.
ANS: C REF: 53
4. A system of government in which power is divided between a general government and associated regional governments is a(n)
a. / unitary system. / c. / federal system.b. / confederate system. / d. / autocratic system.
ANS: C REF: 52
5. The Tenth Amendment to the U.S. Constitution
a. / denies all powers to the states except for those specifically granted to them.b. / makes no mention of the state governments.
c. / grants all undesignated powers to the federal government.
d. / reserves to the states or to the people those powers not delegated to the federal government.
ANS: D REF: 52
6. Article VI of the U.S. Constitution contains the
a. / Bill of Rights. / c. / equal protection clause.b. / full faith and credit clause. / d. / national supremacy clause.
ANS: D REF: 53
7. Under the national supremacy clause of the U.S. Constitution,
a. / state laws take precedence over federal laws.b. / federal laws and treaties enacted under the U.S. Constitution take precedence over state constitutions and laws.
c. / the federal Constitution, laws, and treaties take precedence over state laws, but are equal to state constitutions.
d. / the federal and state constitutions are equal, though state laws take precedence over federal laws.
ANS: B REF: 53
8. The regulation of commerce among the several states by the U.S. Congress is an example of a(n)
a. / delegated power. / c. / inherent power.b. / implied power. / d. / reserved power.
ANS: A REF: 53
9. Article I, Section 8, Paragraph 18 of the U.S. Constitution contains a statement that has been used by Congress and the courts to expand the sphere of federal authority. It is known as the
a. / delegated powers clause. / c. / inherent powers clause.b. / implied powers clause. / d. / reserved powers clause.
ANS: A REF: 53
10. In Texas v. White (1869), the U.S. Supreme Court found that
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 the civil court decisions of the courts of other states.
c. / states must honor the debt of the national government should that entity ever be unable to repay it.
d. / English is the official language of the United States.
ANS: A REF: 53
11. Texas may divide into as many as five states under the terms of
a. / the Texas constitution.b. / the congressional resolution admitting Texas into the Union.
c. / Article V of the U.S. Constitution.
d. / the Tenth Amendment of the U.S. Constitution.
ANS: B REF: 54
12. Texas is not guaranteed which of the following by the U.S. Constitution?
a. / protection against invasionb. / territorial integrity—the state cannot be divided or combined with another state without its consent
c. / two members in the U.S. Senate and at least one member in the U.S. House of Representatives
d. / determining without interference the qualifications for voting
ANS: D REF: 54
13. American federalism has survived the stresses and strains despite the serious threats of
a. / the Civil War and the Great Depression. / c. / the 10th Amendment.b. / being a state within a state. / d. / delegated power.
ANS: A REF: 52
14. Which situation would be covered by the full faith and credit clause of the U.S. Constitution?
a. / Texas recognizes a Louisiana marriage.b. / Texas returns a fugitive from Oklahoma.
c. / Texas charges out-of-state tuition for a citizen of North Carolina attending a public college in Texas.
d. / Texas grants a corporation domiciled in Mississippi the privilege of doing business in Texas.
ANS: A REF: 56
15. A person commits an armed robbery in El Paso and then flees to Las Cruces, New Mexico. How would he be returned to Texas to face trial?
a. / The El Paso police would go to Las Cruces and pick him up.b. / The Las Cruces police would bring him back to El Paso.
c. / The Texas governor would request the New Mexico governor to return the fugitive, to which the New Mexico governor would agree. El Paso and Las Cruces authorities would then arrange a mutually satisfactory transfer.
d. / Texas would prosecute the fugitive in the courts of New Mexico.
ANS: C REF: 56
16. The setting of the sales tax rate is an example of a(n)
a. / delegated power to the states. / c. / inherent power of the states.b. / implied power of the states. / d. / reserved power of the states.
ANS: C REF: 57
17. 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 / c. / the Fifth Amendmentb. / Article IV / d. / the Tenth Amendment
ANS: B REF: 54
18. State governments retain substantial authority over
a. / the operation of schools, the conduct of elections, and the enforcement of criminal laws.b. / military preparedness, the operation of schools, and the conduct of elections.
c. / the value of the currency, foreign trade, and the conduct of elections.
d. / foreign relations, foreign trade, and the enforcement of the criminal law.
ANS: A REF: 57
19. According to a U.S. Supreme Court decision, the “privileges and immunities” of citizenship do not include
a. / access to the courts. / c. / government subsistence.b. / travel. / d. / acquisition of property.
ANS: C REF: 54
20. The trend in federal-state relations since the 1980s can best be described as the
a. / federal government assuming more financial responsibility for state programs.b. / states assuming more responsibility for Social Security and Medicare.
c. / federal government transferring more responsibility to the states but reducing funding levels.
d. / states playing a larger role in the area of national defense.
ANS: C REF: 59
21. Article VI of the U.S. Constitution emphasizes that the U.S. Constitution
a. / must be subservient to the states under the 10th Amendment.b. / must prevail over state constitutions.
c. / must be amended to comply with state laws.
d. / is supreme in legal matters only.
ANS: B REF: 53
22. Factors that led Anglo Texans and others to rebel against Mexico
a. / white racial superiority / c. / increasing numbers of Anglo settlersb. / anger over Mexico’s abolition of slavery / d. / All of the above
ANS: D REF: 62
23. How many amendments to the Texas Constitution were adopted between 1876 and 2010?
a. / 27 / c. / 467b. / 50 / d. / 502
ANS: C REF: 60
24. The Texas Constitution is lengthy and detailed primarily because
a. / the U.S. Constitution requires that state constitutions be longer than the federal.b. / Texas is a geographically large and populous state.
c. / the 1875 convention met for eleven weeks; had they adjourned sooner, the constitution would have been shorter.
d. / too much policy is spelled out in the constitution.
ANS: D REF: 60
25. In its capacity as fundamental law, the Texas Constitution
a. / spelsl out the size and salary of the Legislature.b. / creates governmental institutions, assign them powers, and place limitations on them.
c. / determines the property tax rate.
d. / provides for revision once in each generation.
ANS: B REF: 60
26. The Texas Constitution can be described as
a. / one of the best constitutions ever written.b. / a code of laws.
c. / a model based upon the national constitution.
d. / an example of Mexican influence.
ANS: B REF: 61
27. The constitution of 1836 was
a. / modeled on that of Mexico.b. / Texas’s first state constitution.
c. / the governing instrument for the Republic of Texas that legalized slavery.
d. / unwritten.
ANS: C REF: 62
28. Texas joined the American federal Union in
a. / 1836. / c. / 1861.b. / 1845. / d. / 1870.
ANS: B REF: 62
29. The 1845 Texas Constitution provided for all of the following except
a. / separate property rights for married women.b. / protection of agricultural interests.
c. / protection of homesteads against forced sale for nonpayment of debt.
d. / abolition of chattel slavery.
ANS: D REF: 63
30. The principal historic event surrounding the Texas Constitution of 1861 was
a. / joining the American federal Union. / c. / Reconstruction.b. / joining the southern Confederacy. / d. / a financial depression.
ANS: B REF: 63
31. The principal historic event shaping the 1866 Texas Constitution was
a. / joining the southern Confederacy.b. / reinstatement in the American federal Union after the Civil War.
c. / seeking independence.
d. / state division.
ANS: B REF: 63
32. The 1866 Texas Constitution extended to African Americans the right to
a. / vote. / c. / sue.b. / hold public office. / d. / testify against whites.
ANS: C REF: 63
33. The principal historic event surrounding the Texas Constitution of 1869 was
a. / joining the southern Confederacy. / c. / independence.b. / meeting the demands of Reconstruction. / d. / Jacksonian democracy.
ANS: B REF: 63
34. The Reconstruction governor of Texas who was unpopular with former slave owners was
a. / Oran Milo Roberts. / c. / “Oxcart” John M. Ireland.b. / Richard Coke. / d. / Edmond J. Davis.
ANS: D REF: 64
35. The U.S. Constitution forbids states from denying anyone equal protection under
a. / the national supremacy clause.b. / the 14th Amendment to the U.S. Constitution.
c. / Article I, Section 10.
d. / the full faith and credit clause.
ANS: B REF: 53
36. The United States Constitution
a. / codifies the reserved powers of the states.b. / provides a list of state powers.
c. / leaves the reserved powers of the states undefined.
d. / specifies all of the reserved powers of the states.
ANS: C REF: 57
37. Some of the factors that led Texas to declare independence from Mexico include
a. / Anglo attitudes of white racial supremacy and Mexico’s abolition of slavery.b. / the desire of Anglo settlers to abolish slavery and create a free state.
c. / the victory of Texas settlers at the Alamo and their defeat at San Jacinto.
d. / none of these.
ANS: A REF: 62
38. Many historians claim that the war between Mexico and the United States (1846–1848) was
a. / a war for freedom and justice for all.b. / supported by the Republicans and not the Democrats.
c. / started by Jim Bowie.
d. / started by U.S. expansionist politicians and business interests.
ANS: C REF: 63
39. According to Patrick G. Williams and Barry A. Crouch, the negativity against E.J. Davis is the result of
a. / negative reactions by former slave-owning Texans toward the freedom of black slaves.b. / the Anglo defeat at the Alamo.
c. / T.R. Fehrenbach’s negative characterization of slaves.
d. / Governor Davis’ support of slavery and the Confederacy.
ANS: A REF: 65
40. In part, in order to dismantle the Reconstruction efforts of Governor E.J. Davis, the authors of the 1876 Texas Constitution
a. / ended segregation in Texas.b. / disallowed taxpayers the right to vote on local bond issues.
c. / reinstated racial segregation in public education.
d. / allowed blacks to attend all white schools.
ANS: C REF: 65
41. A Texas case that involved religious freedom and was struck down by the Supreme Court involved
a. / a Ten Commandments monument placed on the Texas Capitol grounds.b. / school prayer before a football game.
c. / prayer at the beginning of city council meetings.
d. / the burning of the American flag.
ANS: B REF: 76
42. Texas and ______are the only two states in the country that have two______, one for civil cases and one for criminal cases.
a. / Alabama; criminal courts / c. / Louisiana ; Supreme Courtsb. / Oklahoma; civil courts / d. / Oklahoma ;Supreme Courts
ANS: D REF: 79
43. According to the text, Texas has had ______constitutions.
a. / six / c. / fiveb. / seven / d. / seventeen
ANS: B REF: 62| 63| 64| 65| 66| 67
44. Texas banned same-sex marriage and was among the first to
a. / define marriage as “the union of one man and one woman.”b. / regulate gay marriages in cities.
c. / define marriage as a civil union.
d. / hold that out of state same-sex marriages were legal.
ANS: A REF: 56
45. Governor Rick Perry, in opposing federal stimulus funds from the Obama Administration hinted