Midterm #2:
Some Example Answers
Important Note: In this document are suggested answers to questions in Midterm #2.
These answers are NOT the only possible correct ones; alternative answers exist that also
would score full credit.
PART I. Multiple-Choice Questions
1. The US Constitution specifies the following limit(s) on the federal government and on state
governments:
A. No ex post facto laws
B. No bills of attainder
C. No noble titles
D. Answers (A.) and (B.) above
E. Answers (A.) through (C.) above
2. The US Constitution specifies the following limit(s) on the federal government but not on the
state governments:
A. No religious test for office
B. No inherited punishment
C. No federal export tax (i.e., no federal tax on states' exports)
D. No combination or division of states without those states' consent
E. Answers (A.) through (C.) above
F. Answers (A.) through (D.) above
NB: Answer (E.) is also valid for Q. 2, because one could consider "no combo/division..."
as a restriction on state govt's. as well as on the federal gov't.
3. Circle one: TRUE or FALSE ?: According to the US Constitution, state legislatures choose
presidential electors.
4. According to the US Constitution and the course material, the President:
A. must enforce the law
B. is Commander-in-Chief of the armed forces
C. is both head of state and head of government
D. may recommend legislation
E. may recommend legislation and Congress MUST vote on it
F. Answers (A.) through (D.) above
G. All of the above
5. In 2008, for the first time, the state of Nebraska split its five electoral college votes, with
Democratic presidential candidate Barack Obama gaining one electoral college vote, and
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Republican presidential candidate John McCain gaining four electoral college votes--even
though McCain won the state's popular vote. Why did this happen?
A. One of Nebraska's electors was faithless--s/he voted for Obama, instead of voting for
McCain as s/he had promised.
B. Nebraska's state legislature passed a law stating that Obama would get one electoral vote
and McCain would get four.
C. Nebraska law allows the state to split its electoral votes, and Obama won the popular vote
in one of Nebraska's congressional districts while McCain won the popular vote in the
state's other two districts.
D. Obama challenged the state vote count total, resulting in a recount that awarded him one
electoral vote.
E. None of the above.
PART II. Questions Asking for Written Answers
1. What are two limits, found in the US Constitution, on US states but not on the federal
government?
EX's: States:
-Cannot forgive obligations citizens take on in contracts they sign
-Cannot impose tariffs
-Must respect interstate comity (respect other states' legal proceedings; extradite
criminals; same "privileges & immunities")
-No bills of marque or reprisal
-No state currencies
-No state standing armies
2. The president's most important legislative power is his/her ability to
___VETO LEGISLATION_________________. (Hint: Two words perfectly answer this question.)
In the space below, answer EITHER Question 3 (a.) OR Question 3 (b.). Do not answer
both questions. Indicate which question, "a." or "b.", you're answering.
3 (a.). What is the "Case and Controversy" limitation on federal courts?
OR,
3 (b.). What is the likely effect of federal judges' life tenure and undiminishable salary (for
sitting judges) on the extent to which judges act independently of the other branches of
government? Why should these features have this effect? Briefly explain.
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3 (a.): Federal courts can rule on laws only if a case is filed regarding that law (e.g., someone is
accused of breaking it), or if there's a controversy, e.g., a claim that the law is unconstitutional.
3 (b.): They likely increase the extent to which judges act independently, because they can rule
without worrying about whether they'll have their wage reduced or getting fired by the other
branches should they dislike the judges' decisions.
4. To amend the US Constitution, __2/3____ [<== insert correct fraction] of each house of
Congress (or of a national convention called for this purpose) must pass a proposal, which must
be ratified by ___3/4____ [<== insert correct fraction] of state legislatures or state ratifying
conventions.
5. In 1992, Bill Clinton won the presidency with 43% of the popular vote, yet he won a majority
of presidential electoral votes. In fact, many presidents have won a majority of electoral votes,
and therefore the presidency, with only a plurality of popular votes. How can this happen?
Explain.
In the winner-take-all system, used by nearly all (48) states, candidates win all of a state's
electors if they obtain merely a plurality (at least) of the popular vote in that state. So (just by
math) the national total of his/her popular votes can be also a plurality of that total, yet this total
can yield him/her a majority of EC votes via winning enough states and their electoral votes.
6. What is one pro, and one con, of using the electoral college system to choose the US
president? In your answer, state explicitly how the pro is a pro, and how the con is a con; and,
ground your answer by arguing in comparison to another, specific system(s) we might use for
electing the president.
There are many possible good answers to this question. See, e.g., Class Notes, Week 9 for
ideas.
One potential pro for states (especially small states, because they are overrepresented in the EC
by having two Senators despite their small populations) using the winner-take-all rule in the EC
system: They can make themselves a bigger prize for the candidates, encouraging them to pay
attention to the state's demands. But this can be a con for the state if it is strongly partisan, for
candidates then may pay little attention to the state's demands--the candidate of the consonant
party can safely ignore some of the state's wishes, knowing that it won't vote for his/her
opponent. By contrast, if all states allocated EC votes proportionally to each candidate according
to his/her share of the popular vote obtained, then candidates might pay more attention to small
or clearly partisan states because obtaining at least some of their EC votes might mean the
difference between winning and losing the election.
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