FEDERAL CONSTITUTION TEST (80%) 1. 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 2. The writers of the US Constitution created a federalist government primarily A. to limit the powers of the Senate C. to develop a criminal justice system B. for civilian control over military D. to divide power among levels of government 3. “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 4. 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. . . . ” 5. Which newspaper headline is the BEST example 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” 6. 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. executive privilege B. checks and balances D. amendment process 7. 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 C. assure that laws are properly enacted B. ensure rights for those accused of crimes D. provide for judicial review of laws 8. 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” 9. 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 10. 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 11. The ______________ is the SUPREME law of the land. A. Constitution C. Mayflower Compact B. Declaration of Independence D. Emancipation Proclamation 12. 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 13. 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 C. Checks and Balances B. Separation of Power D. Judicial Review 14. 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 C. Executive; National B. Legislative; Executive D. Legislative; National 15. 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 16. 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 17. 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 18. Which historical event best demonstrates the operation of checks and balances? A. President Washington used 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 19. The Fourteenth Amendment gave more power to which of the following: A. States B. Constitution C. Supreme Court D. Congress 20. Some people believe that the Supreme Court has too much power because A. justices can accumulate great sums of campaign contributions B. justices can ignore the outcome of confirmation hearings C. justices issue decisions in cases brought to them D. justices can serve until they die or choose to retire 21. 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 22. 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 23. 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 24. 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 C. a reading of his or her rights at the time of arrest B. reasonable bail D. protection against cruel or unusual punishment 25. 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 26. "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 27. 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 28. 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 29. 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 30. 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 31. 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 32. 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 C. proclamations of state governors B. executive orders of the President D. congressional actions 33. 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” 34. Which action would be necessary before the government could deny a person a public trial by an impartial jury? A. a national referendum C. a unanimous ruling by the Supreme Court B. passage of a law by Congress D. ratification of a constitutional amendment 35. Which feature of the Presidency is a result of a constitutional amendment? A. two-term limit in office C. power to appoint ambassadors B. act as Commander in Chief D. nominate Justices to the Supreme Court 36. The clash between President Franklin D. Roosevelt and the United States Supreme Court over New Deal laws best illustrates the operation of A. federalism C. due process B. checks and balances D. the two-party system 37. 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 38. 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 39. 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 40. Which of the following is an example of a legislative check on 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 41. “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 42. Which view of Presidential power led to the 22nd Amendment? A. The office of President had too much power in the 19th century B. 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 43. 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 44. Which of the following constitutional principles states that people are only government source of power? A. Popular Sovereignty C. Limited Government B. Separation of Power D. Republic 45. 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 C. Executive; National B. Legislative; Executive D. Legislative; Judicial 46. 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 47. 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 48. The U.S. Government is considered a federal system because 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 49. 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 50. “. . . 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 51. The Constitution assigns the power to ratify treaties exclusively to the A. Supreme Court B. United States Senate C. State Legislatures D. president 52. • 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 53. “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 54. 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 55. The reserved powers clause in the Constitution reserves powers to the A. Congress B. Supreme Court C. States D. President 56. Which of the following people is NOT a member of the Executive Branch? A. FBI C. Speaker of the House B. Secretary of Education D. Ambassador of the United Nations 57. 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 58. 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 59. The Supreme Court cases of Gideon v. Wainwright and Miranda v. Arizona dealt with the A. freedom of religion C. freedom from unreasonable search B. separation of powers D. rights of the accused 60. Military force, trade sanctions and foreign aid assistance are foreign policy tools of which elected federal official? A. US Senator C. Supreme Court Chief Justice B. Secretary of the Treasury D. President of the United States 61. Which of the following IS a correct description of constitutional powers? A. Enumerated – shared power between federal and state government B. Implied – powers which fall under the Necessary and Proper Clause and are used to expand government power C. Concurrent – powers given to the federal government D. All are correct descriptions 62. “Supreme Court rules segregation unconstitutional” would be a national headline related to which landmark Supreme Court case? A. Dred Scott v. Sanford C. Brown v. Board of Education B. McCulloch v. Maryland D. Plessy v. Ferguson 63. Roe v. Wade and Griswold v. Connecticut are landmark cases dealing with the right to __________. A. privacy B. accused C. school prayer D. gun ownership 64. The _______ branch makes laws, the _______ branch executes laws, and the _____ branch interprets laws. A. Executive, legislative, judicial C. Judicial, executive, legislative B. Legislative, executive, judicial D. Legislative, judicial, executive 65. The Constitution has _______ articles and ________ amendments. A. 7, 27 B. 27, 7 C. 6, 26 D. 26, 6 66. The ______ Amendment established a line of succession in case of the death or resignation of the President and/or Vice President. A. 24th B. 19th C. 26th D. 27th 67. Which of the following is NOT a correct description of the six parts of the preamble? A. Establish Justice - Fair treatment and rules/rights of people accused of crimes B. To Promote the general welfare - stable, responsive government to raise standard of living in each state C. Insure domestic tranquility - settle disputes between states and national government D. Secure the blessings of liberty for ourselves and our posterity – stronger central government than what existed under the Articles of Confederation 68. Which of the following Supreme Court cases limits the protections of free speech and can BEST be described as the “inability of the government to punish inflammatory speech unless it is likely to incite imminent lawless action?” A. Texas v. Johnson C. Brandenburg v. Ohio B. Schneck v. US D. Cooper v. Aaron 69. Which of the following Supreme Court cases established the phrase “separate but equal” and legalized segregation as long as the black facilities were equal to white facilities? A. Dred Scott v. Sanford C. Little Rock Nine v. Arkansas B. Plessy v. Ferguson D. Brown v. Board of Education 70. Which of the following is NOT a power granted to the federal government in the Constitution? A. Admit new states C. Regulate intrastate trade B. Declare war D. Maintain/provide armed services 71. Which of the following IS a shared power between the state and national government? A. Borrow Money C. Coin Money B. Regulate interstate trade D. Regulate intrastate trade 72. Gibbons v. Ogden and McCulloch v. Maryland were landmark cases involving the principle of federalism which gave more power to _______________. A. Businesses B. President C. Supreme Court D. Congress 73. How did federalism limit the powers of government in the United States? A. It abolished all centralized government in favor of state rule B. It created two sovereigns, the state government and the federal government, which must share power C. It assured that power would not be abused by developing a central "watchdog" agency to enforce the Constitution D. It created the three branch system of government 74. Which of the following would most likely be a part of a limited government? A. written restraints on government power C. few government protections of citizens B. little to no official government structure D. power placed in hands of one leader 75. Which of the following is protected as free speech in the United States? A. organizing a public demonstration C. Defacing a statue or monument B. lying about an emergency D. Disobeying a law in protest