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CHAPTER 2 THE TEXAS CONSTITUTION IN PERSPECTIVE
MULTIPLE CHOICE
1. Government is a process of decision making conditioned by all of the following except
a. / the people. / c. / interest groups.b. / history and political parties. / d. / bureaucracy.
ANS: D REF: 41
2. Constitutions are expected to do all of the following except
a. / assign constitutional power. / c. / place limitations on the government.b. / identify political leaders. / d. / establish major governing institutions.
ANS: B REF: 42
3. A constitution promotes ______if the general public agrees that the government has the right to govern its citizens.
a. / social contract / c. / legitimacyb. / treatise / d. / legality
ANS: C REF: 42
4. In their struggle for power, which institution has acted as an umpire between the national and state governments?
a. / The United States Congress / c. / The United States Supreme Court.b. / The President of the United States / d. / Federal bureaucracies
ANS: C REF: 42
5. Under Article 1, the U.S. Constitution gives the national government all of the following expressed powers except
a. / conduct foreign policy. / c. / raise and support an army.b. / regulate intrastate commerce. / d. / borrow money.
ANS: B REF: 42
6. Powers of the national government stated in the United States Constitution are called
a. / concurrent. / c. / delegated.b. / reserved. / d. / committed.
ANS: C REF: 42
7. The implied powers of the national government are designed to do whatever is necessary to
a. / carry out the expressed powers of the national government.b. / carry out the expressed powers of the national and state governments.
c. / establish the inherent powers of the national government.
d. / establish the reserved powers of the states.
ANS: A REF: 42
8. Which is a true statement about the powers of the national government?
a. / The only powers of the national government are those specifically stated.b. / How much power the national government has depends on the interpretation of the “necessary and proper clause.”
c. / Powers are determined by the supremacy clause.
d. / Powers of the national government are equal to the powers of the state governments.
ANS: B REF: 42
9. Which of the following is not a provision of the federal Patient Protection and Affordability Care Act of 2010 (Health Care Reform)?
a. / An individual mandate that requires uninsured individuals to buy health or pay a fine.b. / Provides for state exchanges through which individuals and small businesses may purchase insurance.
c. / Those without employer-based health insurance may be eligible for federal subsidies.
d. / The Medicaid program will be reduced due to a reduce need.
ANS: D REF: 43
10. Powers assigned to both the national and state governments are called
a. / reserved. / c. / special.b. / concurrent. / d. / federal.
ANS: B REF: 44
11. Reserved powers are those that belong
a. / to the national government.b. / to the state governments.
c. / to the national and state governments.
d. / to the local governments only.
ANS: B REF: 44
12. Which is a correct statement about the Tenth Amendment?
a. / The federal courts have frequently used this amendment to invalidate national government actions.b. / In spite of this amendment the U.S. Supreme Court in McCulloch v. Maryland permitted federal action through implied powers.
c. / The federal courts used this amendment to allow the national government to commandeer state agencies to the service of the federal government.
d. / It stated that all powers not explicitly delegated to the national government are reserved to the states exclusively.
ANS: B REF: 44
13. Which U.S. Constitutional Amendment has been used by the U.S. Supreme Court to extend most of the provisions in the Bill of Rights to state governments?
a. / Sixteenth Amendment / c. / Fourteenth Amendmentb. / Fifteenth Amendment / d. / Thirteenth Amendment
ANS: C REF: 45
14. Which of the following is correct about the secessionist movement in Texas?
a. / Over 50% of Texans believe the state has the right to secede.b. / Over 50% of Texans believe that the state would be better off as an independent country.
c. / Texas has no legal right to secede from the Union.
d. / Texas can only secede if state voters approved the proposition
ANS: C REF: 46
15. The Twenty-fourth Amendment to the U.S. Constitution forbids states from which of the following?
a. / Using age in setting voting requirements.b. / Prohibiting persons from voting on the basis of gender.
c. / Allowing the appointment of U.S. senators.
d. / Enacting poll tax laws as a condition for voting in a national election.
ANS: D REF: 45
16. Which is not a correct statement about the present-day Texas Constitution?
a. / It is one of the most restrictive.b. / It has been amended 467 times as of 2010.
c. / It is the longest state constitution.
d. / It is the fourth most frequently amended state constitution.
ANS: C REF: 46
17. Which of the following concerning the Texas Constitution of 1836 is not correct?
a. / It called for a careful separation of Church and State.b. / It legalized slavery in Texas.
c. / It prohibited the president from serving consecutive terms.
d. / It established a federal system of government for the Republic.
ANS: D REF: 47
18. Texas fought and won its independence from which of the following countries?
a. / Spain / c. / Mexicob. / Great Britain / d. / United States
ANS: C REF: 47
19. A unitary system of government means there is
a. / a single legislative branch.b. / a single court system.
c. / a central government with primary constitutional authority.
d. / only one branch at the national level.
ANS: C REF: 47
20. Which of the following is not true of the Texas Constitution of 1845?
a. / It was similar to other southern state constitutions of the time.b. / It exempted homesteads from foreclosure.
c. / It provided for community property.
d. / It granted the governor a term of four years.
ANS: D REF: 47
21. Which is a correct statement about the Texas Constitution of 1866?
a. / Secession from the union was nullified.b. / Confederate war debts were renounced.
c. / A civilian government was established.
d. / all of these
ANS: D REF: 47
22. Which of the following is not correct about the Texas Constitution of 1869?
a. / It centralized state power in the hands of the governor.b. / It provided for annual legislative sessions.
c. / It decentralized the Texas public school system.
d. / It allowed the governor to appoint all major state offices.
ANS: C REF: 47
23. Which of the following was the slogan of the Texas Grange going into the 1875 Constitutional Convention??
a. / “Retrenchment and reform” / c. / “Reconstruction or die”b. / “Onward to the Future” / d. / “Republicanism for victory”
ANS: A REF: 48
24. The Constitution of 1875 was opposed by all of the following groups with the exception of which of the following?
a. / blacks / c. / Democratsb. / Republicans / d. / railroad interests
ANS: C REF: 49
25. The U.S. Supreme Court has interpreted the ______Amendment to extend many national constitutional guarantees to the states.
a. / 10th. / c. / 15th.b. / 17th. / d. / 14th.
ANS: D REF: 50
26. Article 2 of the Texas Constitution limits government powers based on which principle?
a. / Federalism / c. / Separation of powersb. / Checks and balances / d. / Judicial review
ANS: C REF: 51
27. Which of the following is not a guaranteed additional right granted by the current Texas Constitution?
a. / It prohibits discrimination based on sex.b. / It prohibits the garnishment of wages for any reason.
c. / It forbids imprisonment for debt.
d. / It guarantees victims rights.
ANS: B REF: 50
28. Which is not encompassed by the principle of check and balances?
a. / veto power of the governorb. / impeachment and conviction power given to the legislature
c. / confirmation of appointments given to the House of Representatives
d. / appointments made by the governor
ANS: C REF: 51
29. Which of the following is not true of the Texas Legislature?
a. / It is bicameral.b. / Senators serve 6 years and Representatives get four years terms.
c. / The Texas Constitution sets legislative salaries at $7,200 a year.
d. / The Legislature meets in biennial regular sessions.
ANS: B REF: 51
30. According to the Texas Constitution, which of the following is not true concerning the executive branch of government?
a. / It is technically a plural executive.b. / The governor has no term limits.
c. / Constitution sets the governor’s salary low.
d. / The requirements to be governor are stricter in Texas than other states.
ANS: D REF: 53
31. Which state agency is permitted to recommend salary increases for legislators?
a. / Legislative Budget Board / c. / Texas Ethics Commissionb. / Texas Audit Board / d. / Sunset Advisory Board
ANS: C REF: 51
32. Which is a correct statement about Texas special sessions?
a. / There are no restrictions on how long a special session can last.b. / The legislators are the only ones that are able to call themselves into session.
c. / Texas special sessions are more restrictive than any other state.
d. / The leadership of the legislature sets the agenda for special sessions.
ANS: C REF: 51 | 53
33. Which statement is correct regarding term limitations of legislators in the Texas state constitution?
a. / Legislators are limited to one termb. / Legislators are limited to two consecutive terms.
c. / Legislators are limited to serve two non-consecutive terms
d. / Term limits do not exist in the constitution.
ANS: D REF: 52
34. Provisions in the state constitution that are inoperable are known as
a. / ex post facto / c. / proceduralb. / statute-like / d. / deadwood
ANS: D REF: 53
35. Which of the following is not a power granted to the Texas governor?
a. / Limited removal power. / c. / Pocket veto.b. / Budgetary line item veto. / d. / Veto power.
ANS: B REF: 55
36. Texas and Oklahoma are the only states that have which of the following?
a. / a district court in every city / c. / a probate courtb. / a commissioners court / d. / two courts of final appeals
ANS: D REF: 55
37. Which of the following is not a proposal to reform the process of selecting judges in Texas?
a. / Merit plan / c. / Non-partisan elections.b. / Life Terms / d. / Term limits.
ANS: D REF: 56
38. The constitution stipulates that state judges are to be selected by which method?
a. / partisan election by the voters / c. / appointment by the governorb. / election by the legislators / d. / nonpartisan election by the voters
ANS: A REF: 55
39. Which is another name for the merit selection of judges?
a. / The Missouri Plan. / c. / The Montana Plan.b. / The Mississippi Plan. / d. / The Massachusetts Plan.
ANS: A REF: 56
40. The state government decentralizes power by assigning many functions to units of local government, especially ______.
a. / special districts / c. / councils of governmentb. / general law cities / d. / counties
ANS: D REF: 55
41. Which of the following has limited purposes in terms of local government?
a. / Counties. / c. / Special districts.b. / Cities. / d. / All of these
ANS: C REF: 57
42. Texas gives its voters to the power do which of the following?
a. / Popular recall / c. / Initiativeb. / Approve constitutional amendments / d. / Referendum
ANS: B REF: 57
43. Which of the following is true about the Texas Constitution’s amendment process?
a. / Proposals by the voters.b. / Proposal by the majority vote of the legislature.
c. / Ratification after approval by the governor.
d. / Ratification by the majority of voters.
ANS: D REF: 57
44. The Constitutional Convention of 1974 was divided over which issue?
a. / A right to work provision to restrict organized laborb. / The merit system of selecting judges
c. / Setting the salary of state legislators
d. / Reducing the term of the governor to two years
ANS: A REF: 58
45. Which is not a function of a constitution?
a. / It is the fundamental law that deals with the basic principles of government.b. / It is the superior law that establishes governing institutions.
c. / It provides for a basic representative government.
d. / It establishes policies.
ANS: D REF: 59
46. When state governments misuse their powers, the response is usually to
a. / throw out the old constitution and replace with a new one.b. / place constitutional limitations and restriction on those powers.
c. / make the document more flexible.
d. / recall the officials.
ANS: B REF: 59
47. Which statement most accurately reflects state constitutions?
a. / They are poorly written and, as a result, are interpreted to be overly restrictive.b. / They are generally less restrictive than the U.S. Constitution.
c. / They require several hundred amendments to reflect the times.
d. / They are generally shorter than the U.S. Constitution.
ANS: A REF: 59
48. Opposition to the 1975 proposed constitutional overhaul centered on all of the following issues except
a. / fear of greater government costs. / c. / biennial legislative sessions.b. / more power to the legislature. / d. / possibility of an income tax.
ANS: C REF: 59