CONSTITUTION PRACTICE TEST QUESTIONS MULTIPLE CHOICE (3 pts. each) 1. Which of the following elected positions in the US government has the following qualifications according to Article I, Section II of the Constitution when it states that “No Person shall be a __________ who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.” A. Senator B. President C. Vice President D. Representative 2. In the United States, the use of implied powers, the amending process, and Supreme Court interpretations have resulted in A. the general loss of individual rights B. the strengthening of the principle of separation of powers C. the Constitution being adapted to fit changing times D. the limiting of Presidential power in domestic affairs 3. How many Senators are in the Senate? A. 435 B. 535 C. 100 D. 50 4. How many Representatives are in the House of Representatives? A. 435 B. 535 C. 100 D. 50 5. Granting pardons/reprieves, receiving ambassadors and being commander-in-chief of the armed forces are powers reserved for which of the following elected officials? A. Senator B. Chief Justice C. Governor D. President 6. Which of the following elected positions in the US government has the following qualifications according to Article I, Section III of the Constitution when it states that “No person shall be a ______ who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.” A. Representative B. Senator C. Governor D. President 7. Which of the following elected positions in the US government has the following qualifications according to Article II, Section 1 of the Constitution when it states that “No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of _______; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States..” A. Representative B . Senator C. Governor D. President 8. The ability to declare war, maintain a standing army, tax, coin money, and pass laws are all powers reserved for ________. A. Congress B. President C. States D. Supreme Court 9. What percent of states are needed for an amendment to become part of the Constitution? A. 1/3 B. 2/3 C. ¾ D. ½ 10. Which of the following amendments were part of the Equal Rights Amendments that were passed after the Civil War? A. Tenth Amendment – Abolished Slavery B. Fourteenth Amendment – Due Process for All People; Citizenship for Blacks C. Fifteenth Amendment – Gave Women and Indians the Right to Vote D. Thirteenth Amendment – Blacks given right to vote 11. Which quotation from the United States Constitution provides for a Federal System of government? A. “He shall have power…with the advice and consent of the Senate…and shall appoint… B. “Every bill . . . shall, before it becomes a law, be presented to the President of the United States; . . ." C. “The powers not delegated to the United States . . . are reserved to the states . . .“ D. “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state” 12. Consider the following scenario. The police believe you have stolen items and hidden them in your house. They decide to raid your house to see if any of the stolen items are there. Which amendment could you invoke to protect yourself from this raid? A. 5th B. 4th C. 9th D. 3rd 13. The system of checks and balances is BEST illustrated by the power of A. The President to veto a bill passed by Congress B. Congress to censure one of its members C. A Governor to send the national guard to stop a riot D. State and Federal government to levy and collect taxes 14. How is the principle of FEDERALISM reflected in the US Constitution? A. The Constitution sets minimum age requirements for serving as a representative in Congress B. The Constitution includes a “necessary and proper” clause which allows for a broad reading of the powers of Congress C. The Constitution includes provisions regarding the amendment process which acknowledges that there would be changes D. The Constitution acknowledges state governments which must share power with the federal government 15. Which of the following constitutional principles states that people are only government source of power? A. Popular Sovereignty B. Limited Government C. Separation of Power D. Republic 16. Which of the following constitutional principles states that all the power is not in the hands of government and is limited by a constitution? A. Limited Government B. Checks and Balances C. Separation of Power D. Judicial Review 17. The checks of impeachment, overriding Presidential vetoes and the power to declare war are all checks the ___________ branch has on the __________ branch. A. Judicial; Executive B. Executive; National C. Legislative; Executive D. Legislative; National 18. Initiating constitutional amendments, power to alter size of Supreme Court and set jurisdiction of courts are all checks the ___________ branch has on the __________ branch. A. Judicial; Executive B. Executive; National C. Legislative; Executive D. Legislative; Judicial 19. Consider the following scenario. You are on trial for assault. During your trial, witnesses testify that you were nowhere near the scene of the crime on the night the assault occurred. The jury hears this, finds you not guilty and clears you of the crime. A month later, the prosecutor finds new evidence that she believes links you to the crime. Even though you have been found not guilty, which amendment can you invoke to protect you from being tried for the same crime again? A. 3rd B. 5th C. 1st D. 2nd 20. The reserved powers clause in the Constitution reserves powers to the A. Congress B. Supreme Court C. States D. President 21. Which of the following people is NOT a member of the Executive Branch? A. FBI B. Speaker of the House C. Secretary of Education D. Ambassador of the United Nations 22. Which of the following is a check the Executive Branch can impose on the Legislative Branch? A. The Attorney General can call Congress into a special session B. The President can remove a Congressman from office C. The Vice President can cast tie-breaking votes in the Senate D. The Secretary of State can veto acts approved by Congress 23. Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become Law.” The passage above from Article I, Section VII of the US Constitution reflects the principle of A. Federalism B. Republicanism C. Checks and Balances D. Individual Rights 24. Which of the following is an example of a legislative check over the Judicial Branch? A. Senators can pardon those convicted in federal court B. Representatives can overrule federal court rulings C. Congress can impeach and remove federal judges D. Congress can appoint the judges of the Supreme Court 25. “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic.” – Justice Oliver Wendell Holmes Which interpretation of the Bill of Rights does this statement illustrate? A. The needs of the government are more important than civil liberties B. Constitutional protections of liberty are not absolute C. The Supreme Court can eliminate freedoms from the Bill of Rights D. The Bill of Rights does not safeguard individual liberties 26. The Fourteenth Amendment gave more power to which of the following: A. States B. Constitution C. Supreme Court D. Congress 27. Some people believe that the Supreme Court has too much power because justices A. accumulate great sums of campaign contributions B. can ignore the outcome of confirmation hearings C. issue decisions in cases brought to them D. serve until they die or choose to retire 28. In order for a bill to become a law, what happens after both houses of Congress pass it? A. President signs it B. Supreme Court reviews it C. President vetoes it D. Supreme Court interprets it 29. Which view of Presidential power led to the 22nd Amendment? A. The office of President had too much power in the 19th century B. Original checks and balances in the Constitution sufficiently limit the President’s power C. Congress should have more power to check the president’s power D. Term limits are needed to keep any one President from growing too powerful 30. Which historical event best demonstrates the operation of checks and balances? A. President George Washington used the Army to suppress a tax rebellion by Pennsylvania farmers B. South Carolina seceded from the Union over the issues of slavery and States rights. C. President Dwight D. Eisenhower sent Federal troops to enforce the integration of public schools in Little Rock, Arkansas. D. The Senate approved the appointment of Clarence Thomas to the Supreme Court 31. Which of the following constitutional clauses is located in Article I Section VIII and states that Congress can make laws necessary for the execution of their powers? A. Necessary and Proper Clause C. Commerce Clause B. Establishment Clause D. Ex Post Facto Clause 32. Which of the following constitutional clauses is located in the 5th and 14th Amendments and states that States “shall not deprive any person of life, liberty, or property, without due process or equal protection of law?” A. Commerce Clause C. Ex Post Facto Clause B. Equal Protection (Due Process) Clause D. Establishment Clause 33. The United States Government is considered a federal system because A. national laws must be passed by both houses of Congress B. powers are divided between the State and National Governments C. the States are guaranteed a republican form of government D. the President is selected by the electoral college 34. Which action was necessary to change from the indirect to the direct election of United States Senators? A. ratification of a constitutional amendment C. passage of a Federal law B. a Supreme Court decision D. a national referendum 35. The United States Government is considered a federal system because A. national laws must be passed by both houses of Congress B. powers are divided between the State and National Governments C. the States are guaranteed a republican form of government D. the President is selected by the electoral college 36. Which factor has made the strongest contribution to the development of religious freedom in the United States? A. Most citizens have shared the same religious beliefs. B. Religious groups have remained politically unified. C. School prayer has been ruled constitutional by the Supreme Court. D. Guarantees in the Constitution have encouraged religious expression and toleration. 37. One way in which the authors of the Constitution tried to create “limited government” was by providing for A. a loyal opposition through a two-party system B. a division of power between the national and state governments C. the establishment of naturalization laws D. the popular election of Federal judges 38. Soon after the Constitution of the United States was ratified, the first ten amendments were added because many citizens felt the need for A. strengthening the power of the federal courts B. ensuring the division of powers between the state and federal governments C. establishing a national bank D. protecting their liberties from abuses by the federal government 39. The United States Government is considered a federal system because the people elect national officials A. both national and state governments exist within the nation B. foreign policy is handled by state governments C. each state has equal representation in the United States Senate D. A Supreme Court governs state and national governments 40. Which action would be necessary before the government could deny a person a public trial by an impartial jury? A. a national referendum B. passage of a law by Congress C. a unanimous ruling by the Supreme Court D. ratification of a constitutional amendment 41. Which feature of the Presidency is a result of a constitutional amendment? A. two-term limit in office B. power to appoint ambassadors C. duty to act as Commander in Chief D. responsibility to nominate Justices to the Supreme Court 42. In the United States Government, members of the Cabinet are directly responsible to A. Congress B. Senate C. Supreme Court D. President 43. The Supreme Court’s power of judicial review is a result of A. an order by the President B. the Court’s own interpretation of the Constitution C. a provision in the Bill of Rights D. the Court’s decision to hear appeals regarding taxation 44. As a result of the Supreme Court ruling in Miranda v. Arizona (1966), a person accused of a crime is entitled to A. a speedy trial B. reasonable bail C. a reading of his or her rights at the time of arrest D. protection against cruel or unusual punishment 45. Senate ratification of treaties negotiated by the President is required by the United States Constitution as a way of A. maintaining United States prestige in international affairs B. preventing Federal abuse of State power C. implementing the principle of checks and balances D. expanding the authority of the executive branch 46. "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." This provision is evidence that the writers of the United States Constitution A. wanted the President to have unlimited power during wartime B. wanted to balance individual liberty with the needs of the nation C. did not trust the common people to obey the laws D. expected the American people to oppose most government policies 47. Speaker D:"The national Congress should consist of two houses: one in which representation is based on population, and one in which states are equally represented." Which document was being written when this discussion most likely occurred? A. Declaration of Independence C. United States Constitution B. Covenant of the League of Nations D. Charter of the United Nations 48. Which of the following is not a freedom of the 1st Amendment? A. Press B. Religion C. Flag Desecration D. Speech 49. Once an amendment has been added to the United States Constitution, which process must be used to change that amendment? A. ratifying a new amendment B. convincing the states to ignore the amendment C. having Congress pass a law repealing the amendment D. having the President issue an executive order canceling the amendment 50. After the President has proposed the Federal budget, the next step in the process of adopting the budget is to submit it to the A. Internal Revenue Service C. Treasury Department B. Cabinet D. House of Representatives 51. Which method resulted in the Miranda warnings against self-incrimination and Gideon’s ability to have a right to attorney if he couldn’t afford an attorney? A. decisions of the United States Supreme Court B. proclamations of state governors C. executive orders of the President D. congressional actions 52. Which headline illustrates the use of judicial review? A. “Congress Passes a Civil Rights Bill” B. “Conference Committee Meets to Finalize Budget” C. “New York State’s Reapportionment Plan Ruled Unconstitutional” D. “President Signs SALT Agreement with Russia” 53. The clash between President Franklin D. Roosevelt and the United States Supreme Court over New Deal laws best illustrates the operation of A. federalism B. due process C. checks and balances D. the two-party system 54. The 14th Amendment provides that no "state [shall] deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." A direct result of this amendment was A. the process of amending the Constitution became slower and more complex B. the guarantees in the Bill of Rights were applied to state actions C. every citizen gained an absolute right to freedom of speech and assembly D. the power of the Federal Government was sharply reduced 55. The amendment process was included in the United States Constitution in order A. to remove government officials from political office B. to check the power of the Supreme Court C. to allow government to meet the changing needs of society D. to preserve the federal system of government 56. A system of checks and balances was included in the United States Constitution because the authors were concerned about A. one branch of government becoming too strong B. the states having too much power C. the people having a voice in government D. the military gaining control of the United States 57. The Supreme Court cases of Gideon v. Wainwright and Miranda v. Arizona dealt with the constitutional principle of A. freedom of religion C. freedom from unreasonable search B. separation of powers D. rights of the accused 58. The Bill of Rights was added to the United States Constitution to A. provide the president with the power to enforce the laws B. protect individuals’ civil liberties C. establish a presidential cabinet D. guarantee voting privileges to all citizens 59. The writers of the US Constitution created a federalist government primarily A. to limit the powers of the Senate B. to develop a criminal justice system C. to provide for civilian control over the military D. to divide power between levels of government 60. “Illegally obtained evidence cannot be used in a court of law.” This statement is based on a person’s constitutional right to A. face an accuser in open court B. protection against double jeopardy C. a speedy and public trial by an impartial jury D. protection against unreasonable searches and seizures 61. Which statement from the United States Constitution is referred to as the necessary and proper clause? A. “All legislative powers shall be vested in a Congress of the United States. . . . ” B. “Congress shall make no law respecting an establishment of religion. . . . ” C. “All bills for raising revenue shall originate in the House of Representatives. . . . ” D. “Congress shall have power . . . to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. . . . ” 62. “. . . no warrants shall issue, but upon probable cause, . . . and particularly describing the place to be searched, and the persons or things to be seized.” This section of the 4th Amendment to the United States Constitution addresses the issue of A. states’ rights B. reserved powers C. implied powers D. rights of the accused 63. The Constitution assigns the power to ratify treaties exclusively to the A. Supreme Court B. United States Senate C. State Legislatures D. president 64. Which newspaper headline is the BEST examples of checks and balances? A. “Senate Rejects President’s Choice of Supreme Court Justice” B. “Florida To Gain Two Seats in the United States House of Representatives” C. “Albany County Receives $4 Million from Congress for Transportation Development” D. “New York State Rejects Federal Regulations on Drug Testing” 65. The change to the direct election of senators and the establishment of a two-term limit for presidents are all examples of the use of A. judicial review C. checks and balances B. executive privilege D. the amendment process 66. The due process clause in the 5th Amendment and the right to an attorney in the 6th Amendment were designed to A. protect freedom of expression B. assure that laws are properly enacted C. ensure rights for those accused of crimes D. provide for judicial review of laws 67. • Congress proposes an amendment legalizing an income tax. • The Supreme Court rules that the income tax is unconstitutional. These events illustrate the use of A. delegated powers C. checks and balances B. judicial legislation D. the unwritten constitution 68. Congress established a minimum wage for workers and regulations on radio broadcasts by regulating interstate commerce with which of the following clauses? A. sanctity of contract clause C. due process clause B. necessary and proper clause D. ex post facto clause 69. Which governmental action illustrates the system of checks and balances? A. a senator helping a governor solve a state problem B. the president negotiating a trade agreement with foreign diplomats C. the Senate ratifying a peace treaty D. Congress raising taxes to pay for federal programs 70. The Supreme Court has the power to A. control the federal budget C. vote to end a tie in the Senate B. approve presidential appointments D. interpret the Constitution 71. Which statement is an example of the system of federalism? A. Cabinet members are appointed by the president. B. Revenue bills must begin in the House of Representatives. C. The national government coins money, but states cannot. D. The president can negotiate treaties, but the Senate has the power to ratify them. 72. In the US Constitution, the power to impeach a federal officials is given to the A. House of Representatives B. president C. state legislatures D. Supreme Court 73. “The United States shall guarantee to every state in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence.” — United States Constitution, Article IV, Section 4. According to this excerpt, a goal of the framers of the Constitution was to ensure that the US A. remained neutral during domestic conflicts involving the states B. supported the right of each state to resist presidential decisions C. provided for the common defense of every state D. approved a bill of rights to protect citizens from government tyranny 74. The decision of the United States Supreme Court in Marbury v. Madison established the power of the A. House of Representatives to impeach the president B. Congress to override a presidential veto C. president to veto congressional legislation D. Supreme Court to determine the constitutionality of laws 75. The ______________ is the SUPREME law of the land. A. Constitution C. Mayflower Compact B. Declaration of Independence D. Emancipation Proclamation