Constitution and Federalism Test

1. Use the following quotations from the Declaration of Independence and the Constitution of the United States, respectively, to answer question #13

“Governments are instituted among men, deriving their just powers from the consent of the governed…”

“We the People of the United States…”

Which basic principal of United States government do these quotes emphasize?

A. Separation of PowersC. Popular Sovereignty

B. Liberty and Justice for AllD. Direct Democracy

2. Use the following quote from the United States Constitution to answer question #14

“Every Bill which shall have passed both the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States: If he approve, he shall sign it, but if not he shall return it …”

This quote gives an example of which principle of U.S. government?

A. Equal ProtectionC. Federalism

B. Imminent DomainD. Checks and Balances

3. In the U.S. Constitution, power is divided between the national and state government. Which of the following principals of U.S. government does this fact illustrate?

A. FederalismC. Checks and Balances

B. Judicial ReviewD. Popular Sovereignty

4. The United States Constitution breaks the national government into three branches, each with specific powers and duties. This fact is an example of which principal of U.S. government?

A. Separation of PowersC. Popular Sovereignty

B. Liberty and Justice for AllD. Direct Democracy

  1. Federalists made which of the following arguments?
  1. The Articles of Confederation needed slight adjustment, but would be retained as much as possible.
  2. The United States should be governed almost entirely by state and local governments, and the national government should be very weak.
  3. The Articles of Confederation had so many weaknesses that it was ineffective, and needed to be replaced by a new governmental framework.
  4. The United States should abandon the Articles of Confederation and commit to a Constitutional Monarchy.

6. Which of the following were arguments made against the U.S. Constitution by the Anti-Federalists (choose all that apply)?

  1. The Constitution was written by the wealthy for their own benefit, which would create an aristocracy.
  2. The Constitution originally lacked a bill of rights.
  3. States would be wholly subordinate to the national government, and would therefore cease to be sovereign themselves.
  4. The powers given to the new government were so extensive that tyranny would be inevitable.

7. One way the Constitution has changed over time, has been through formal amendment. Which of the following best describes the method of formal amendment used for 26 out of the 27 amendments?

  1. The amendment was proposed by a 2/3 vote in each house of Congress, and is ratified by 3/4 of the state legislatures.
  2. The amendment was proposed by 2/3 in the House of Representatives, and is ratified by 3/4 of the Senators.
  3. The amendment was proposed in a national convention called by congress at the request of 2/3 state legislatures, and is then ratified by 3/4 state legislatures.
  4. The amendment was proposed by Congress and then ratified by conventions, called for that purpose in 3/4 of the states.

8. The 21st Amendment was the only amendment passed by which process?

  1. The amendment was proposed by a 2/3 vote in each house of Congress, and is ratified by 3/4 of the state legislatures.
  2. The amendment was proposed by 2/3 in the House of Representatives, and is ratified by 3/4 of the Senators.
  3. The amendment was proposed in a national convention called by congress at the request of 2/3 state legislatures, and is then ratified by 3/4 state legislatures.
  4. The amendment was proposed by Congress and then ratified by conventions, called for that purpose in 3/4 of the states.

9. The famous case, Marbury v. Madison is an example of which of the following?

  1. The informal amendment of the Constitution by legislation.
  2. The informal amendment of the Constitution by executive action.
  3. The informal amendment of the Constitution by court decision.
  4. The informal amendment of the Constitution by party practices.

10. The nomination of presidential candidates by national convention is an example of which of the following?

  1. The informal amendment of the Constitution by legislation.
  2. The informal amendment of the Constitution by executive action.
  3. The informal amendment of the Constitution by court decision.
  4. The informal amendment of the Constitution by party practices.

11. When President Harry S. Truman sent thousands of U.S. troops to defend South Korea in 1950, without a formal declaration of war, this was an example of which of the following?

  1. The informal amendment of the Constitution by legislation.
  2. The informal amendment of the Constitution by executive action.
  3. The informal amendment of the Constitution by court decision.
  4. The informal amendment of the Constitution by party practices.

12. The creation of the many departments, agencies, and offices in the executive branch by acts of Congress is an example of which of the following?

  1. The informal amendment of the Constitution by legislation.
  2. The informal amendment of the Constitution by executive action.
  3. The informal amendment of the Constitution by court decision.
  4. The informal amendment of the Constitution by party practices.

13. Which of the following are guaranteed in the 1st Amendment (Choose all that apply)?

A. Freedom of ReligionC. Freedom of Speech

B. Right to Maintain a MilitiaD. Right to Bare Arms

14. Which of the following are guaranteed in the 2nd Amendment (Choose all that apply)?

A. Freedom of ReligionC. Freedom of Speech

B. Right to Maintain a MilitiaD. Right to Bare Arms

15. The 4th Amendment protects citizens from

  1. Forced quartering of troopsC. Dangerous speech
  2. Unreasonable search and seizureD. Cruel and unusual punishment

16. The 5th Amendment does which of the following (choose all that apply)?

  1. Guarantees that a citizen cannot be tried for a capital crime without being indicted by a grand jury.
  2. Protects citizens from being tried for the same crime twice, i.e. double jeopardy.
  3. Protects citizens from self-incrimination.
  4. Prohibits the government from confiscating property without just compensation, i.e. eminent domain.
  1. The 6th Amendment does which of the following (choose all that apply)?
  1. Assures a timely trial by an impartial jury.
  2. Forbids citizens to be freed on bail if they are accused of a felony or violent crime.
  3. Assures that a defendant will be informed of the charges against him.
  4. Guarantees the right of a witness to have council, produce witnesses in his favor, and to cross-examine witnesses against him.
  1. The 7th Amendment maintains which right?
  1. Trial by jury in a criminal case.
  2. Trial by jury in a civil case unless both parties agree to a bench trial.
  3. The right to appeal a conviction.
  4. The legal authority of the national government over the state government.
  1. The 8th Amendment protects citizens from
  1. Forced quartering of troopsC. Dangerous speech
  2. Unreasonable search and seizureD. Cruel and unusual punishment
  1. The 9th Amendment holds that
  1. While the Constitution protects certain specific rights, does not mean individual states cannot change those rights as needed in their locality.
  2. Though the Constitution protects certain specific rights, this does not mean that citizens do not have other, unenumerated rights, not specifically mentioned
  3. All citizens of foreign states that enter the United States must become naturalized citizens or be deported to their state of origin.
  4. Suspected criminals have the right to remain silent, i.e. to refuse to make statements that may incriminate them.
  1. The 10th Amendment holds that
  1. All powers not delegated to the states or the people by the Constitution, are held by the national government.
  2. All powers not delegated to the national government by the Constitution, are held by the states or the people.
  3. The national government is subordinate to the states or people, i.e. states rights.
  4. The state governments are to be controlled by the national government
  1. Which of the following Amendments extend the right to vote to Americans that had previously been disenfranchised (Choose all that apply)?

A. 5th AmendmentC. 19h Amendment

B. 15th AmendmentD. 26th Amendment

  1. The 13th, 14th, and 15th Amendments were established in which historical context and for which of the following purposes?
  1. At the nations founding: To establish freedom of religion, speech, and the press.
  2. During the Progressive Era: To establish a progressive income tax, set up the popular election of senators and extend the right to vote to women.
  3. During Reconstruction: To end slavery, protect all citizens due process rights, and to extend the right to vote to all male citizens regardless of race.
  4. During World War II: providing all Japanese Americans with the rights to life, liberty, and property, despite widespread social discrimination.
  1. The 16th, 17th, and 19th Amendments were established in which historical context and for which of the following purposes?
  1. At the nations founding: To establish freedom of religion, speech, and the press.
  2. During the Progressive Era: To establish a progressive income tax, set up the popular election of senators and extend the right to vote to women.
  3. During Reconstruction: To end slavery, protect all citizens due process rights, and to extend the right to vote to all male citizens regardless of race.
  4. During World War II: providing all Japanese Americans with the rights to life, liberty, and property, despite widespread social discrimination.
  1. One amendment prohibited the production, transportation and sale of alcoholic beverages. Later and amendment was passed to repeal prohibition. Which two amendments were these?

A. The 18th prohibited and 19th repealed

B. The 18th prohibited and 21st repealed

C. The 17th prohibited and the 21st repealed.

D. The 17th prohibited and 19th repealed.

  1. Which of the following are expressed powers given only to the National Government (choose all that apply)?
  1. The power to coin and print money.
  2. The power to declare war.
  3. The power to regulate foreign trade and interstate commerce.
  4. The power to raise and maintain armed forces.
  1. Congress has received its implied powers from what part of the Constitution?

A. The “Leftover Clause” which states that the national government can “create what is deemed important” at that time

B. The “Just Cause” of Article VI of the Constitution which gives Congress the ability to explain needed actions through “just cause”.

C. The “Necessary and Proper Clause” or “Clastic Clause, which lets Congress deem certain needs as necessary and proper for the function of the U.S.

D. None of the above

  1. Inherent powers include which of the following (choose all that apply)?
  1. The power to regulate immigration and deport undocumented aliens.
  2. The power to acquire territory.
  3. The power to grant diplomatic recognition to foreign states.
  4. The power to protect the nation against rebellion.
  1. Reserved powers of the states include which of the following (choose all that apply)?
  1. The power to regulate trade within the state.
  2. The power to establish public schools.
  3. The power to pas license requirements for professionals.
  4. The power to conduct elections.
  1. Concurrent powers include which of the following (choose all that apply?)
  1. The power to coin money.
  2. The power to levy and collect taxes.
  3. The power to borrow money.
  4. The power to define crimes and punishments.
  1. According to the Supremacy Clause, a hierarchy of laws is created in the system of federalism. Which of the following best exemplifies this hierarchy (moving from most powerful to least powerful)?
  1. Acts of Congress and Treaties, The U.S. Constitution, the State Constitutions, State laws, and finally local laws.
  2. Local laws, State laws, State Constitutions, Acts of Congress and Treaties, and finally the U.S. Constitution.
  3. The U.S. Constitution, State Constitutions, Acts of Congress and Treaties, State laws, and finally local laws.
  4. The U.S. Constitution, Acts of Congress and Treaties, State Constitutions, State laws, and finally local laws.
  1. The National Government has several obligations to the states. Which of the following are obligations of the National Government to the states (choose all that apply)?
  1. To provide natural resources for states that do not have sufficient resources of their own.
  2. To ensure that each state has a republican form of government.
  3. To protect states in the case of invasion, internal disorder, or natural disaster.
  4. To respect and recognize the territorial integrity of the states and to ensure that each state is represented in Congress and has equal representation in the Senate.
  1. Federal grants-in-aid are designed to give money from the national government to the states to help the states carry out their government functions. Critics of grants-in-aid make which of the following arguments?
  1. Grants-in-aid do not provide enough assistance to the states.
  2. Grants-in-aid are too specific in the conditions.
  3. Grants-in-aid blur the line of division of powers in the federal system, giving too much say to the National government in making public policy at state and local levels.
  4. Grants-in-aid are so expensive that they weaken the National Government and give too much money to the states, making the National Government beholden to the states.
  1. According to the Full Faith and Credit Clause, all states must recognize and respect(choose all that apply)
  1. The court rulings of other states, like awards for damage in a civil suit, divorce decrees, court rulings on wills, etc. from other states.
  2. The birth certificates, marriage licenses, deeds to property, car registrations, etc. of other states.
  3. The speed limits of other states, thereby creating a national speed limit on interstate highways.
  4. The education system of other states, thereby creating a national education system.
  1. No state can draw unreasonable distinction between its own residents and the citizens of other states under the Privileges and Immunities Act. Which of the following are reasonable distinctions states can draw between its own residents and residents of another state (choose all that apply)?
  1. Requiring a set amount of time a person must live in a state before vote or hold public office.
  2. Requiring a set amount of time a person must reside in a state before they can be licensed to practice medicine, law, dentistry, etc.
  3. Charging higher fees to hunters and fishermen from out of state.
  4. Charging higher tuition for out of state students.
  1. According to the U.S. Constitution, a person charged with a crime in one state, who has fled to another state, on demand of the executive of the state from which he fled, be returned to that state. This process is known as
  1. ExileC. Extraterritoriality

B. Imminent DomainD. Extradition

Matching

___ 37. The principle of distributing the powers of A. Federalism

government into different branches.B. Separation of Powers

C. Checks and Balances

___ 38. The principle that holds that all of the power D. Judicial Review

in the government comes from the people.E. Limited Government

AB. Popular Sovereignty

___ 39. The principle that gives each branch of government

the ability to restrain the powers of the other branches,

so as not to allow one branch to gain too much power.

___ 40. The principle that the judicial branch can decide

whether what government does, is Constitutional.

___ 41. The principle that government only has the power

granted to it by the Constitution.

___ 42. The principle that establishes a national government

and several regional governments under one written

Constitution, with each government given it’s own

set of powers, operating with it’s own officials and

it’s own set of laws.

___ 43. The powers given to the National GovernmentA. Delegated Powers

through the Constitution.B. Reserved Powers

C. Expressed Powers

___ 44. Specifically written out powers given to theD. Inherent Powers

National Government by the Constitution.E. Concurrent Powers

AB. Interstate Compact

___ 45. Powers not specifically written out by theAC. Implied Powers

Constitution but that are reasonably suggested

under the Necessary and Proper Clause.

___ 46. Powers held by the National Government

that were not specified by the Constitution,

but that the Framers clearly intended the

National government to have, because all

nation-states have them.

___ 47. The powers that the Constitution does not

grant to the National Government, but does

not deny to the states, and are thus, held by

the states.

___ 48. Powers held by both the National Government

and the states, exercised separately and

simultaneously.

___ 49. An agreement made between states and other

states.

Extended Response

50. Describe the process of admitting a new state to the union.