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Presidential Decisions

Commander-in-Chief
As Commander-in-Chief of the United States' armed forces, the
President is ultimately at the head of the chain of command for the
Army, Navy, Air Force, Marines and the Coast Guard. While many
former military generals such as Washington, Jackson, Grant and
Eisenhower have served as president, there is no requisite of former
military service to become Commander-in-Chief. This is an
important concept in the Constitution, making the ultimate head of
the armed forces an elected civilian and not a member of the forces
directly under his command. Civilian control of the military serves
to balance the needs of defense and security with accountability to
the democratic populace.

Chief Executive
As Chief Executive the president is technically the head of all
Federal agencies, departments and bureaucracy within the
executive branch. Examples of these would include the Department
of Justice and the agencies of the FBI and the ATF under that
department's control, the Internal Revenue Service and hundreds of
other government offices. The president issues executive orders to
these agencies and directs the enforcement of the laws as passed by
Congress and interpreted by the Supreme Court. The president also
appoints and removes the government officials responsible for
heading these various and diverse government offices.

Head Diplomat
As Head Diplomat the president represents the
United States in negotiations with foreign
countries. Article II of the Constitution grants the President the power
to negotiate and sign treaties on behalf of the United States (treaties
do require ratification by the Senate to take effect). The president also
extends or removes recognition of nations and their governments. As
head diplomat the president sets US foreign policy, to be carried out
by the Department of State, via the Secretary of State, US
Ambassadors and US envoys around the globe.

Chief Lawmaker
As Chief Lawmaker the president's main responsibility is proposing
the federal budget. By directing the spending of the federal
government the president effectively determines what programs and
policy areas are to receive funding priority. The president also
proposes legislation to be considered by Congress. While it is
Congress's role to craft and pass all legislation, proposals from the president are usually
given special consideration and have been the origin of many of our significant laws and
policies throughout US history. Finally, the president has the power of the veto, or the
rejection of legislation passed by Congress, giving him the power to strike down
proposals with which he does not agree. While vetoes can be over ridden by Congress,
the veto remains a power lawmaking weapon.

Special Judicial Powers


As a check on the judicial branch of government, the Constitution endows the president
with a few special judicial powers. The president has the ability to
pardon anyone convicted of a crime, effectively nullifying their
conviction and freeing them from their sentence. Also given the
president is the power to grant amnesty from a type or class of crime.
In the case of amnesty, a general forgiveness for all persons
convicted of a particular crime is granted, not to a specific individual.
These two judicial powers are used sparingly by most presidents and
usually only in special circumstances, as they effectively overturn an indictment or
conviction in a court of law and potentially grant guilty parties their freedom.

Head of State
As the Head of State, the office of the presidency serves as the symbolic or ceremonial
representation of the United States. An analogy can be made to the Queen of England or
the Emperor of Japan, individuals who serve to represent the government to its people, or
to represent that government symbolically to the world. In this capacity the president may
attend ceremonies or funerals for the heads of foreign governments, or toss the first pitch
on baseball's opening day.

Bully Pulpit
The concept of the Bully Pulpit is not found in the Constitution or any actual law, it
instead developed as an extension of the president's position and meaning
in American society. Coined by President Teddy Roosevelt, the bully
pulpit is the use of the prestige and public authority of the president to
advocate for a particular agenda or idea, not by legislation but by
persuasion of the American people. Public speeches in which the
president may ask the American people to undertake a specific request,
not because of a government action, but because of a presidential appeal,
is an example of the bully pulpit. The ability to use the 'Bully Pulpit' is based purely on
the president's moral authority and respect for the office of the presidency.

Introduction to U.S. Government


A good portion of the United States History and Government curriculum is based on the
ideas and principles of American government. These ideas and principles are best
exemplified by the United States Constitution.
A Constitution is a country's plan of government. The discussion of the US
Constitution focuses on the features that make our plan of government unique and
enduring.

US Government review focuses on these eight main areas:

• Foundation
Highlights the roots of the American system and the unique history of United
States political though that gave rise to the Constitution.
• Convention
Focuses on the dynamics of the Constitutional Convention of 1787 in
Philadelphia, the differing point of view and eventual compromises that gave
birth to the document itself.
• 3 Branches
Examines the three branches that compose the Federal Government, their unique
powers and roles, as well as how power is separated in order to keep one branch
of government from dominating the system.
• Checks and Balances
Examples of the system of checks and balances in action. Examples of how each
branch is endowed with the power to temper the power of the other two.
• Federalism
Identifies the unique balance between federal and state power, as well as the
types of powers identified in the Constitution.
• Amendments
Discusses the process for amending the Constitution, as well as a discussion of
the Bill of Rights, the other amendments and their historic roots.
• Unwritten Constitution
Explains the features of the Constitution that are considered implied or
"unwritten". Provides examples of these features in action, as well as a
reasoning behind their implementation.
• Laws (Legislation)
A selection of significant legislation from American history, focused on the
provisions of the laws and their historic roots.

The 13 Enduring Constitutional Issues


The thirteen enduring Constitutional issues are considered to be the core of what the
Regent's examination in United States History and Government will test on the topic of
government. It is recommended that you familiarize yourself with these 13 issues. As
you progress through your government review be aware of how what you know about
government relates to one or more of these enduring Constitutional issues.

1. National Power
The Constitution created a "limited government" with clearly delegated powers,
however over time federal power has grown to include a greater amount of
implied as well as "necessary and proper" powers.
2. Federalism
The Constitution attempts a balance of power between the federal government
and those of the states. Over time the federal government has grown to meet the
demands of a more complex society, how do we preserve the balance of
federalism while meeting these demands?
3. The Judiciary
As interpreter of the Constitution and its changing meaning over time, the
Judicial Branch has a unique power to shape the Constitution and its protections
in order to adapt to the changing needs and challenges of society.
4. Civil Liberties
An on-going discussion in American history has been the delicate balance
between the civil rights of the individual with the security, welfare and needs of
American society as a whole.
5. Crime and Rights of the Accused
The Constitution (in the Bill of Rights) very specifically details the rights of the
accused and the limits on the government in prosecuting accusations. At the
same time we have struggled to balance the rights of the accused with the
general welfare of the nation and the rights of the victim.
6. Equality as a Constitutional Value
The Constitution does not outline the specific ways in which equality is to be
defined, be it social, economic or political. As the nation has progressed,
reinterpretations of the Constitution have helped to better define the meanings of
"equality".
7. Rights of Women
The Constitution does not specifically address the rights and status of women,
save for the 19th amendment, however in the recent past Constitutional
protections assumed for men have been extended to fully include women as
well.
8. Rights of Racial and Ethnic Minorities
The Constitution has in many ways failed to protect the rights of ethnic and
racial minorities, however in recent history there has been a greater push to
extend Constitutional protections to a greater number of groups.
9. Presidential Foreign and Wartime Powers
Presidential power has increased as the nation as grown and expanded, reaching
their peak during times of war and national emergency.
10. Separation of Powers
The Constitution set up three branches of government, each with specific and
unique powers, as well as system of checks and balances designed to limit those
power s.
11. Representation
The Constitution provides for voting rights, which have been expanded over
time to include a greater amount of the population. The growth of political
parties also has aided in the growth of representation in government.
12. Property and Economic Rights
The government provides for the general welfare and protects the rights of the
people to own property and exercise economic freedom.

13. Constitutional Change and Flexibility


The Constitution as a "living document" with the ability to amend and be
reinterpreted to meet changing times.

Foundations of U.S. Government


The roots of American democracy stretch back beyond the formation of the United
States, having origin in ancient Greek thinking, the Enlightenment, as well as colonial
injustices under the English.

Ancient Influences on American Democracy


The ancient Greeks in the city-state Athens created the idea of the democratic
government, practiced as a direct democracy (government in which all citizens had say
via participation in voting). The Romans developed the concept of the representative
democracy (one in which the citizens elect representatives to act of their behalf in
government). This was best exemplified by the Roman Senate. The upper house of the
US Congress is the Senate in ode to this ancient ideal.

The United States was founded as a representative democracy in which qualified


citizens elect representatives to carry out their will in government. However, the ONLY
example of directly elected officials in the original Constitution was election of
representatives to the House of Representatives, as the President is in-directly elected
by the electoral college and senators selected by state legislatures.

Influences of the Enlightenment


The thinking of the founding fathers (especially Thomas Jefferson) was heavily
influenced by the intellectual changes occurring in 1700's Europe. The European
Enlightenment focused on reason, human thought and experience as opposed to the
divine reasoning of religious thought. This thinking in government is best seen in the
work of Locke, Rousseau and Montesquieu.

Locke declared that all men are born with the natural rights of "life, liberty and
property" and no government can revoke these rights. Locke maintained that citizens
grant governments the power to rule, in order to protect their natural rights. When a
government fails to protect rights and consent is revoked, the government can be
changed or replaced with a revolution. Jean Rousseau developed the idea of the social
contract, based on the previous ideas of Locke. It held that a social contract existed
between government and the people. It further stated that when government broke the
contract by failing to serve the will of the people, a revolution was justified. Baron de
Montesquieu was an enlightenment philosopher who wrote of the benefits of dividing
power in a government among more than one branch.

Thomas Jefferson and the founding fathers borrowed many of these ideas when crafting
the Declaration of Independence and the Constitution. Natural Rights appear in the
declaration as "life, liberty and the pursuit of happiness". The notion of replacing a
government that fails to maintain consent is cited as justification for the American
Revolution against the English. Finally, separation of powers is integrated into US
government along the three branch system and protected by the system of checks and
balances.

Colonial Democratic Developments


Democratic developments during the colonial era date back to the landing of the
Pilgrims at Plymouth rock. The Mayflower Compact was the earliest example, in
which the Pilgrims consented to be governed and to abide by the decisions of their
government.

Ben Franklin's Albany Plan of Union in 1754 was the earliest attempt at organizing the
13 colonies against the French. It was soundly rejected by the colonial governments as a
threat to the democratic institutions that had created in the absence of direct British rule.
During this era the English government had no specific policy of direct governing of the
colonies. This became known as the period of salutary neglect or the ignoring of the
colonies for their own health, during which they developed forms of self-rule.

During this period of salutary neglect the colonists began to develop their own forms of
government. In Virginia, the House of Burgesses developed as a representative
democracy in which elected officials served as the voice of their regions within the
state. In Massachusetts, many towns relied upon a New England style town meetings in
which all white, land-holding men were allowed to participate.

The Articles of Confederation Fail


During the years immediately following the Revolutionary War, the colonies
organized themselves into a new American government. The Articles of
Confederation (1781-1789) served as the foundation for this first attempt at a national
government and while a failure, it was the lessons learned under the articles that helped
strengthen the government formed by the Constitution.

Weakness in
Articles of Example Change in Constitution
Confederation
In ability to deal Federal Government is
No Standing with the threat of given the power to raise
Army "Shay's and maintain a standing
Rebellion" army
States did not pay
Congress is granted the
No Federal debts to Congress
power to tax, impose duty
Taxation and so federal
and raise tariffs
gov't had no $$
States minted
No Single money, no set
Congress is granted sole
National exchange
power to coin money
Currency disrupted trade
among the states
Failure of direct
No Executive leadership A strong executive
Leadership resulted in (President) is created
indecision
Smaller states
Each State had with low Bicameral Legislature with
Equal Vote in populations had proportional representation
Congress disproportional in the House of Reps.
power
Complete
The 1787 Constitutional
Required inability to
Convention completely
Unanimous correct the
replaced the Articles rather
Vote to Amend failures under the
than amending them
articles

Constitutional Convention
THE ARTICLES OF CONFEDERATION FAIL:

THE CONSTITUTIONAL CONVENTION IS CONVENED:


Meeting at Independence Hall in Philadelphia, 55 delegates from all the states except
Rhode Island, met to rework the failing Articles of Confederation. It quickly became
apparent that amending the articles was unworkable and discussion soon turned to
replacing them with a new government.

Many of our greatest founding fathers attended the convention as delegates from their
respective states. George Washington (elected president of the convention), Ben
Franklin, James Madison and Alexander Hamilton (a strong contributor and delegate
from New York) all were in attendance.

Despite the greatness in leadership, the crafting of a new constitution proved a long and
difficult task. Regional, political and economic differences threatened to jeopardize the
process. It was only by carefully crafted compromise that a final document was
achieved.

THE GREAT COMPROMISE:


One of the first issues to be resolved was representation to the new government. The
Articles of Confederation had allowed each state equal representation and equal say,
despite size or population and this did not sit well with the largest states (Virginia, New
York, Pennsylvania). The smaller states feared losing say in the federal government and
so continued to support equality in representation.
Federalism in U.S. Government
Federalism
The concept of Federalism is one that underlies all concepts about the power of
government in the US system. Federalism within the United States system is the
balancing of power between a Federal Government and State Governments. Within this
system the Federal Government is superior to the State Governments. For example, a
state could not pass a law that directly contradicted a law passed on the federal level.
Within these principles, power is divided among the federal and state governments.

Divided Powers in US Government


The US Constitution specifically states what types of powers are to be granted to what
governments.

• Delegated Powers - To delegate means to specifically assign, in this case


delegated powers are those powers specifically assigned to the Federal
Government. The founding fathers feared a national government that would
overstep its bounds, so they took care to only allow the national government
very specific powers. These are also referred to as enumerated powers.
• Reserved Powers - To reserve is to save, in this case all powers not specifically
delegated the Federal Government are to be reserved or saved for the State
Governments.
• Concurrent Powers - Concurrent means "at the same time", in this case
concurrent powers are those that both the federal and state governments have
simultaneously.
• Implied Powers - These are powers that are NOT specifically delegated in the
Constitution, but are understood to be necessary or allowed. The elastic clause
or necessary and proper clause allows these by stating that Congress has the
power "to make all laws which shall be necessary and proper for carrying into
execution the foregoing powers" (art. I, sec. 8). Examples include:
o Hamilton's creation of the National Bank - no power to create banks is
delegated the Federal Government, however it was deemed necessary
and proper to form a bank to aid in Congress's power to coin money and
regulate the economy. (see McCullough vs. Maryland 1819)
o Regulation of Railroads, Shipping, Highways - Congress is delegated
the power to regulate interstate trade and as such it is implied that
Congress also has the power to regulate interstate transportation by
which interstate trade is made possible. (see Gibbons vs. Ogden 1824)
• Denied Powers - These are powers that are are specifically NOT allowed to
either the federal or state governments. Again, this listing of denied powers was
a specific way in which the founding fathers attempted to create a limited
government.

Examples of Divided Powers in US Government


Delegated Powers: Reserved Powers:
Those powers specifically Those powers not delegated to
granted the Federal Government the Federal Government or
by the Constitution. denied the states are reserved for
the states.
o Regulate Concurrent o Regulate
interstate and Powers: intrastate trade
international Powers that are o Establish
trade shared by both the schools
o Coin money Federal and State o Establish local
o Declare war Governments. governments
o Maintain an • Power to tax o Pass statewide
armed forces • Maintain laws (ex.
o Establish a courts safety belt
postal system laws)
o Enforce • Borrow
copyrights money o Run elections

o Sign treaties

Amendments to the Constitution


Amending the Constitution
One of the most important features of the Constitution is the ability to amend or change
the document in order to adapt it to changing times and conditions. Amending the
Constitution should rightly be a difficult task, there are however a few methods to
accomplishing these significant changes.

Method 1

Amendment
Proposed by 2/3rds
Vote in Each House
of Congress

APPROVAL: APPROVAL:
Ratified by 3/4ths of Ratified by
the State Legislatures OR Constitutional
Conventions in 3/4ths
of the States
Method 2

Amendment
Proposed at a
National
Constitutional
Convention

APPROVAL: APPROVAL:
Ratified by 3/4ths of Ratified by
the State Legislatures OR Constitutional
Conventions in 3/4ths
of the States

The Bill of Rights


The most significant amendments to the Constitution are the first ten, also known as
The Bill of Rights. These amendments were added to the Constitution at the insistence
of the Anti-Federalist forces during the debates over ratification. The fear of a
dominating federal government, such as the colonists had experienced under English
rule, led many to demand assurances that specific rights and liberties were going to be
protected. It is the Bill of Rights that stands till today as the greatest guarantee of these
rights and liberties upon which America was founded. All of the amendments in the Bill
of Rights were adopted together in 1791.

Amendment Right(s) Historic Roots


• Freedom of The English gov't
Religion had suppressed
• Freedom of speech, assembly
Press and press rights in
• Freedom of an attempt to quell
Speech the growing
1
• Freedom of colonial discontent.
Freedoms
Assembly Additionally, many
early settlers (such
• Separation of as the Pilgrims)
Church and State came to America in
(no national search of religious
religion) freedom.
2 • Right to keep In the period prior
Right to Bear and bear arms to the revolution,
Arms the English
attempted to limit
militia activity, as
they rightly feared
preparations for a
coming revolution.
The Quartering
• Right to Act passed by
protection from English Parliament
3 troops being required the
No Quarter quartered in colonists to house
homes during and feed British
peacetime troops stationed in
the colonies.
• Right against British troops often
unreasonable search houses and
search and property at will, in
4
seizure an attempt to
Search and
suppress
Seizure
• Warrants require organizations
cause and must working towards a
be specific revolution.
• Accused must be
indicted by a
Grand Jury
• Cannot be tried
for the same
Many accused
crime twice
under British law in
(double
the colonies, were
jeopardy)
jailed without being
• Cannot be forced
accused of a crime.
to testify against
It was also not
5 yourself
uncommon for a
Rights of the • Right to a fair
person in the
Accused trial with all
colonies to be tried
proper legal
under the laws of
rights enforced
Britain, without
(due process)
regard to the local
laws passed within
• Right to fair
the colonies.
compensation ($
$) when the gov't
takes your
property for
public use
• Right to be
informed of the
charges against In the era prior to
you the revolution,
• Right to a British courts could
speedy and keep a suspect in
public trial jail without
• Right to an accusing him/her of
6
impartial jury a crime or bringing
More Rights of
• Right to face them into a court of
the Accused
witnesses against law. Many suspects
you in court sat in prison for
• Right to counsel years awaiting trial,
(a lawyer) only to be found
innocent an
• Right to call released.
witnesses in your
defense
This provision
protected the idea
of trial by jury (a
• Right to a trial
7 fundamental notion
by jury in a civil
Rights in a in both English and
case (non-
Civil Case American law) and
criminal case)
extended it to all
cases private or
public.
Even given that
English laws
applied to the
colonies, English
• Right to
run colonial courts
protection
did not enforce the
against cruel and
law evenly or fairly
8 unusual
in the eyes of
Cruel and punishment
many. Excessive
Unusual
fines were levied
Punishment • Right to
for small offenses
protection
and extended
against excessive
sentences were
bails and fines
given colonists
perceived as threats
for even the most
minor offenses.
The founding
• Guarantee that fathers wanted to
rights not be certain that
9
enumerated rights articulated in
Unenumerated
(listed) in the the Bill of Rights
Rights
Constitution are were not thought to
still protected be the only possible
rights.
Many of the
founding fathers
feared the
• Guarantee that
domination of the
the people and
people and the
the states have
states by a
all of the powers
10 powerful federal
not specifically
Reserved government. To
delegated the
Rights insure the
federal
containment of this
government
power, people and
(reserved
states are granted
powers)
all the powers that
the federal
government is not.

Other Amendments
Outside of the Bill of Rights there are 17 other amendments to the Constitution. All of
the remaining amendments are outlined in the chart below. Those amendments which
are considered the most significant to review for the exam are highlighted with colored
backgrounds.

Amendment Provisions/Rights Historic Roots


• Limits the
ability of a
person to sue a
The judicial system
state
11 was left up to Congress
State Immunity to create. As this was
• Allows a
(1795) done, clarification was
person to sue
needed.
if a state
denies their
rights
12 • Electors to the In the election of 1800,
Election of Electoral confusion in the
President and College are to Electoral College
cast one vote
for President
and separate
vote for Vice
President resulted from the
• The House requirement that the
elects the runner-up for president
President of become president.
no candidate Further confusing was
gets an the fact that electors
V.P. electoral could cast votes for
(1804) majority (each Vice Presidential
state w/ 1 candidates for
vote) President. The final
result was the election
• The Senate of Thomas Jefferson
elects the Vice and the 12th
President of amendment.
no candidate
gets an
electoral
majority
The end of the Civil
13 War saw a series of
Abolition of • Slavery is three amendments
Slavery illegal designed to grant
(1865) greater equality to
former slaves.
• Declares that
all citizens are
guaranteed
This has proven one of
equal
the most significant
treatment and
amendments outside
protection
14 the Bill of Rights.
under the law
Equal Equal protection is the
• Bars former
Protection basis for all modern
Confederates
Under the Law civil rights laws,
from holding
(1868) disability acts and
office
other actions designed
to protect minority
• Declares
rights.
Confederate
debt null and
void
15 • Insures black Despite this
amendment, poll taxes
and literacy tests
would attempt to deny
Right to Vote males the right
black males voting
(1870) to vote
rights in the southern
states for nearly 100
years.
• Grants
Congress the
power to The Populists had long
collect taxes fought for the taxation
on income if income as a way of
16
leveling out the great
Income Tax
• Money economic disparity
(1913)
collected does between rich and poor
not have to be that developed during
reapportioned the Gilded Age.
to states based
on population
The original
Constitution provided
for Senators to be
17
• Senators are to elected by state
Direct Election
be elected by legislatures. This was a
of Senators
the people Populist cause,
(1913)
designed to increase
people's participation
in government.
The temperance
movement had gained
support in the rural
areas of the nation,
• The sale,
somewhat in reaction
18 making or
to the growth of urban
Prohibition transportation
areas and the
(1919) of alcohol is
temptations cities
illegal
brought. This was
repealed (overturned)
by the passage of the
21st amendment.
19 • Women are Women such as Susan
Women's granted the B. Anthony (for whom
Suffrage right to vote the amendment was
(1920) named) fought for a
voting right
amendment for over
40+ years.
During the heart of the
depression voters
chose the New Deal
policies of FDR over
the policies of then
president Hoover. The
election occurred in
November, but
• President and presidential terms
Vice President began in March of the
20
are sworn into next year. As a result
Presidential
office on Jan. nearly 5 months went
Inauguration
20th (moved by during which the
(1933)
from March "lame duck"
4th) presidency of Hoover
did little to alleviate
the suffering of the
Great Depression.
This amendment
shortens the "lame
duck" time by moving
inauguration up by 2
months.
Prohibition was
regarded as a huge
failure. Bootlegging
and speakeasies
• The 18th
allowed liquor to flow
amendment
21 freely, and created a
(prohibition)
Repeal of huge network of
is repealed
Prohibition organized crime. Many
(1933) feared disrespect for
• Alcohol is
the prohibition laws
again legal
would cause disrespect
for all law, and the
18th amendment was
revoked.
22 • No person George Washington
Presidential may serve as had sent the precedent
Term Limits President of two terms. All other
(1951) more than presidents continued to
twice serve no more than two
terms, up until FDR
was elected a record
four times. After his
administration ended,
there was widespread
support for a formal
limit on presidential
terms.
Residents of the capitol
did not have any
• Grants political voice in
23
Washington federal government.
Voting in
D.C. 3 This amendment grants
Washington
electors to the them the minimum
D.C.
electoral number of electors. To
(1961)
college today Washington
D.C. has no Senators
or Reps. to the House.
Many Southern states
had used poll taxes
and literacy tests to
24 • Poll taxes are limit black voting after
Abolition of illegal in the Civil War. Literacy
Poll Taxes federal tests were already
(1964) elections illegal by the 1960's,
but an amendment was
required to outlaw the
poll tax.
During the era of the
• Establishes a
Cold War and in the
25 clearer
wake of JFK's
Presidential succession to
assassination, a clearer
Succession the presidency
chain of ascension to
(1967) and vice
the nations' highest
presidency
offices was needed.
26 • The age of In the wake of protests
Voting Age eligibility for over the Vietnam war,
(1971) voting is a fundamental
lowered to 18 hypocrisy in the
American voting
system became clear.
18 year-olds could be
drafted and forced to
fight in war, but could
not cast a vote for the
politicians who were
determining their fate.
• Congressional
pay raises do The process for this
27
not take effect amendment was begun
Congressional
until after the in the 1790's. It keeps a
Pay Raises
next current Congress from
(1992)
Congressional raising their own pay.
election

Failed Amendments to Know


Of the hundreds of amendments to the Constitution that have been proposed over the
past 200+ years, only 27 have become part of the Constitution. A few notable
amendments that have gained popularity, but failed to become law are listed below.

Proposed
Provisions/Rights Historic Roots
Amendment
This amendment gained
popular support following
the feminism movement
of the 1960's and 70's. It
was eventually deemed
unnecessary, as the
Equal • Proposed a
Supreme Court has
Rights guarantee of
interpreted the 14th
Amendment equal rights
amendment's equal
(E.R.A.) for women
protection provision to
apply to women and other
groups of minority status,
effectively accomplishing
much of what the E.R.A.
would have provided.
Flag • Proposed to In the Supreme Court case
Burning outlaw the Texas v. Johnson (1990),
burning of the the court ruled that
US flag burning the US flag was
protected speech under the
1st amendment. As such,
outlawing such speech
would require an
amendment. This proposal
has come up many time in
the 1990's and continues
to be a proposal under
consideration.

Monumental Legislation
Introduction
Many of the most significant changes in American history have been brought about or
resulted in legislative changes. The power of the law to positively effect the lives of the
American people, safeguard civil liberties or maintain the American system is a
fundamental notion in the Constitution.

While there are literally thousands of laws passed in American history, there are a few
major pieces that stand out as noteworthy for the changes set in motion or the
Constitutional principles exemplified. They are examples that commonly appear on the
regents examination.

Legislation Change or Provision Constitutional Principle


Provided for the settlement
of the Northwest Territory
***NOTE: This one of the
of the new nation and
few acts of legislation passed
Northwest Ordinance established guidelines such
under the Articles of
(1787) as protection of civil
Confederation that was
liberties in the territory,
considered a success.
statehood eligibility and
schools.
Served as the founding list
of rights and liberties to be The Bill of Rights itself
guarded by the new established many of the
American government. Constitutional principles of
The Bill of Rights
Many of the rights we rights of the accused and
(1791)
expect our government to freedoms of the individual
defend were added to the that are fundamental to our
Constitution later as the first system.
10 amendments.
Many disagreed over the
Alexander Hamilton who
constitutionality of the
was serving as Washington's
Charter of The Bank of National Bank. In the end
Secretary of the Treasury,
the United States the creation of the bank was
advocated for a National
(1791) justified by the necessary
Bank in order to aid in the
and proper clause of the
running of the US economy.
Constitution.
Missouri Compromise Established a line dividing The Constitution made no
(1820) the fee and slave territories clear provision for the
expansion of the nation. As
the nation grew so did the
argument over slavery. The
of the growing United
compromise served as a short
States.
term "fix" to the larger issues
that would explode into the
Civil War.
Congress was granted many
Outlawed "combinations in
powers pertaining to
restraint of trade" as a way
economic control and
Sherman Antitrust Act of regulating the growth of
regulation. The regulation of
(1890) monopolies in all areas of
monopolies was seen as
the US economy in the late
necessary and proper
19th century.
extension of these powers
Serving as an example of
Congress was granted under
increased reform and
the Constitution the power to
regulation of the
Meat Inspection Act regulate trade. As modern
Progressive era, these acts
(1906) facilities increased the trade
require government
& in manufactured foods and
inspection of meat
Pure Food and Drug Act drugs, Congress took a role in
processing facilities and
(1906) regulating ingredients and
require that ingredients in
processing in order to
foods and drugs be clearly
safeguard public health.
labeled.
The New Deal laws such as
the Social Security Act
The Constitution provides
would fundamentally
that the government is to
change the relationship
provide for the welfare of the
between the federal
people. The New Deal laws
government and the people.
The New Deal attempted to provide for the
Other actions such as the
(1933-1938) general welfare by combating
creation of the Securities
the suffering of the Great
and Exchange
Depression with work relief,
Commission would forever
economic recovery and
change the relationship
fundamental reform.
between the federal
government and business.
Civil Rights Act A culmination of the Civil The 14th amendment's equal
(1964) Rights movement of the protection under the law
1950's and early 60's, the provision was never fully
1964 Civil Rights Act ended realized in the South, as Jim
segregation in public places Crow (segregation) laws
once and for all. It also persisted. It was the 1964 act
established commissions that once and for all finalized
and councils to increase the process begun by Brown
black opportunities and v. Board of Education
equality. (1954).
While the president is
commander-in-chief of the
Requires that the president armed forces, it is Congress
notify Congress within 48 that declares war. Following
hours of ordering military the Vietnam was in which
War Powers Act action, also requires that unlimited military power was
(1973) armed forces withdraw after given the president by the
60 days if no extension or Gulf of Tonkin Resolution
declaration war is issued by (1964), Congress passed the
Congress. War Powers Act as a way to
reign in presidential military
powers.
Safeguards civil liberties on Over time we have seen the
behalf of those persons with expansion of Constitutional
a disability in American protections by legislation.
Americans with society. Also establishes Minority status groups (such
Disabilities Act that "reasonable as women, blacks, persons
(1990) accommodations" be made with disabilities, Native
in order to provide access Americans, etc...) have seen
and opportunity to persons the greatest gains in legal
with disabilities. protections.

Age of Jackson: Question 1 of 7

At times, the United States Government has passed protective tariffs to

1. encourage foreign trade


2. help the nation’s manufacturers
3. reduce the cost of consumer goods
4. improve the quality of goods

Correct Answer Number: 2

Explanation: Tariffs are taxes placed upon goods being imported into a nation. The
imported goods then have a higher total price (after the tax) then similar goods
manufactured within the nation itself. This protects the domestic manufactures from
having to compete with lower priced, foreign made products. This concept has been
applied many time in US history (it was part of Hamilton’s economic plan; the Tariff
of 1828 was highly unpopular; tariffs were also applied in the 1920’s and are seen as
a contributing factor in the great depression.)
Age of Jackson: Question 2 of 7

“. . . the American continents, by the free and independent condition which they have
assumed and maintain, are henceforth not to be considered as subjects for future
colonization by any European powers. . . .” — President James Monroe, 1823 Which
President later built on the idea expressed in this quotation?

1. Abraham Lincoln
2. Theodore Roosevelt
3. Harry Truman
4. Richard Nixon

Correct Answer Number: 2

Explanation:

Age of Jackson: Question 3 of 7

A major reason for the issuance of the Monroe Doctrine (1823) was to

1. discourage United States trade with Latin America


2. defend the Panama Canal from Great Britain
3. prevent further European colonization in the Caribbean region
4. provide economic aid to Latin American nations

Correct Answer Number: 3

Explanation:

Age of Jackson: Question 4 of 7

During the presidency of Andrew Jackson, the spoils system resulted in

1. federal laws being nullified by the states


2. elected officials rewarding their supporters with government jobs
3. all free males being given the right to vote
4. the end of political corruption in the federal government

Correct Answer Number: 2


Explanation:

Age of Jackson: Question 5 of 7

One way in which the Kentucky and Virginia Resolutions (1798) and the South
Carolina Ordinance of Nullification (1832) are similar is that each

1. claimed that individual states have the right to interpret federal laws
2. formed part of the unwritten constitution
3. supported the federal government’s power to declare war
4. provided a way for new states to enter the Union

Correct Answer Number: 1

Explanation: The Kentucky and Virginia Resolutions (authored by Thomas


Jefferson and James Madison) focused on countering the Alien and Sedition acts that
had been passed by the Federalists under President John Adams, the Nullification
Doctrine of South Carolina centered on a dispute involving an 1828 tariff that many
Southern states sought to undo.

Age of Jackson: Question 6 of 7

During the early 1800s, which factor contributed the most to the start of the Industrial
Revolution in the United States?

1. a restriction on European immigration


2. the end of the slave labor system
3. an abundance of natural resources
4. the availability of electricity

Correct Answer Number: 3

Explanation: Waterways, coal reserves as well as ready timber forests fueled the
early growth and industrial capabilities of the US during the early 1800's as the
nation emerged from the 'Era of Good Feelings' brought on by the War of 1812.

Age of Jackson: Question 7 of 7


What was an immediate effect of the completion of the Erie Canal in 1825?

1. Prices increased for food products along the Atlantic Coast.


2. Farmers could more easily ship grain to eastern markets.
3. A territorial conflict began with Canada over the Great Lakes.
4. Railroads were forced to reduce their shipping rates.

Correct Answer Number: 2

Explanation: The 'Transportation Revolution' of the early 1800's saw the growth of
canals (such as the Erie Canal of New York State), turnpikes (toll roads constructed
by many states) and later into the 1830's and 1840's rail. This encouraged regional
specialization among the Northern, Southern and Western regions of the nation, as
goods, crops and manufactured items flowed more easily between areas.

Federalist Era: Question 1 of 16

The speakers below are discussing foreign policies that the United States has
followed at various times. Base your answers on their statements and on your
knowledge of social studies.

Speaker A: Steer clear of permanent alliances with any portion of the foreign world.
Speaker B: The United States will give economic aid to needy countries anywhere in
the world, but will not provide military aid.
Speaker C: The United States must prevent the growth of communism.
Speaker D: The United States can take over other countries to help them become
more like us.

Which speaker states a policy most similar to the foreign policy advice given by
President George Washington in his Farewell Address?

1. A
2. B
3. C
4. D

Correct Answer Number: 1

Explanation: In his farewell address George Washington warned the fledgling


America to stay clear of “entangling alliances” with the Europeans, but to continue
economic ties with the continent. He also sent warnings about the dangers of political
parties and the factions they could create, dividing the American people.
Federalist Era: Question 2 of 16

When John Marshall was Chief Justice, United States Supreme Court decisions
tended to strengthen the power of

1. the National Government


2. state and local governments
3. labor unions
4. trusts and monopolies

Correct Answer Number: 1

Explanation: John Marshall had been nominated by John Adams and was a strong
Federalist judge. As Chief Justice, Marshall moved the Supreme Court to decisions
that favored and strengthened the Federal Government and its superiority over the
states. Decisions such as McCulloch v. Maryland (1819), Gibbons v. Ogden (1824)
and others are testimony to this expansion and protection of the federal government.

Federalist Era: Question 3 of 16

Alexander Hamilton’s argument that the government has the power to create a
National Bank is based on which part of the Constitution?

1. the Preamble
2. the elastic clause
3. guarantees to the States
4. the Bill of Rights

Correct Answer Number: 2

Explanation: The elastic clause or the necessary and proper clause in the
Constitution, allows Congress to expand its powers beyond the actual text of the
Constitution in order to carry out its duties of running the nation. In the case of the
National Bank, Hamilton argued that creating the bank fell within the realm of a
necessary and proper action, needed to effectively manage the US economy. The
bank would remain a divisive issue in early American history as opinions differed
over the legality of its creation. It was the center of the Supreme Court case
McCulloch v. Maryland (1819) and the “Bank War” under President Andrew
Jackson.

Federalist Era: Question 4 of 16


"All communities divide themselves into the few and the many. The first are the rich
and well born, the other the mass of the people. . . . The people are turbulent and
changing. . . . Give therefore to the first class a distinct permanent share in the
government. They will check the unsteadiness of the second."

-Alexander Hamilton

The author of this quotation suggests that

1. the will of the majority should guide public policy


2. wealthy people are too preoccupied to rule well
3. the common people cannot be trusted to run a stable government
4. poorer people must work harder to gain access to economic and political
power

Correct Answer Number: 3

Explanation: Alexander Hamilton and many within his Federalist supporters


distrusted the uneducated, rural population of America and did not wish to extend
them too much say within government. This is evident in the Constitution as ratified
in 1789, as the only direct election called for was for the lower house of Congress
(House of Reps.). Senators were originally selected by the legislatures of the states
and the president in-directly elected by an electoral college.

Federalist Era: Question 5 of 16

Actions and policies of the Government under President George Washington


generally resulted in the

1. establishment of strong political ties with other nations


2. liberation of many enslaved persons
3. failure to create a sound financial program for the country
4. strengthening of the Federal Government

Correct Answer Number: 4

Explanation: Washington was a supporter of a strong national government. He


enacted policies such as the creation of the National Bank (part of Hamilton’s
financial plan) and the use of federal troops to quell the Whiskey Rebellion to
effectively use the powers of a strong federal government.
Federalist Era: Question 6 of 16

Speaker A:"We must take action even if we are not sure it will work. To do nothing
to stop them would be a repeat of the Munich mistake."
Speaker B:"We must recognize the increasing interdependence of nations and join
the United Nations."
Speaker C:"Stopping the spread of communism can and must take several forms. We
must be willing to do whatever is necessary."
Speaker D:"Involvement in European affairs would be a mistake. We should not
jeopardize our peace and prosperity over issues that Europe’s ambitions and rivalries
control."

Which speaker best describes the basic foreign policy of the United States until the
late 1800’s?

1. Speaker A
2. Speaker B
3. Speaker C
4. Speaker D

Correct Answer Number: 4

Explanation: In his farewell address George Washington warned the fledgling


America to stay clear of “entangling alliances” with the Europeans, but to continue
economic ties with the continent. This policy of neutrality in Europe (and in most
external affairs) remained a fixture of US foreign policy up until the growth of US
imperialism in the late 1800’s.

Federalist Era: Question 7 of 16

"Our true policy is to steer clear of permanent alliances . . . ."


-George Washington

President Washington made this statement to warn against United States involvement
in

1. European military conflicts


2. international trade
3. the race for overseas colonies
4. westward expansion
Correct Answer Number: 1

Explanation: In his farewell address George Washington warned the fledgling


America to stay clear of “entangling alliances” with the Europeans, but to continue
economic ties with the continent. This policy of neutrality in Europe (and in most
external affairs) remained a fixture of US foreign policy up until the growth of US
imperialism in the late 1800’s.

Federalist Era: Question 8 of 16

The significance of the Supreme Court case Marbury v. Madison is that the decision

1. advanced civil rights for minorities


2. upheld the constitutionality of a national bank
3. limited Presidential control of foreign policy
4. established the power of judicial review

Correct Answer Number: 4

Explanation: The specific power of Judicial Review is not addressed in article 3 of


the Constitution, however many Constitutional scholars agree the founding fathers
meant the Supreme Court to have this power. The court’s decision in Marbury v.
Madison (1803) effectively cemented the Supreme Court’s claim to judicial review,
in which the court first stated the right to declare laws unconstitutional.

Federalist Era: Question 9 of 16

Alexander Hamilton urged Congress to pass a protective tariff to encourage the


growth of

1. labor unions
2. manufacturing
3. agriculture
4. slavery

Correct Answer Number: 2

Explanation:
Federalist Era: Question 10 of 16

What was the result of many of the Supreme Court decisions made under Chief
Justice John Marshall between 1801 and 1835?

1. The system of slavery was weakened.


2. The federal government was strengthened.
3. The rights of workers were supported.
4. Antitrust laws were upheld.

Correct Answer Number: 2

Explanation:

Federalist Era: Question 11 of 16

“It is emphatically the province and duty of the judicial department to say what the
law is. . . .” — Marbury v. Madison, 1803 This statement expresses the Supreme
Court’s claim that

1. courts must abide by a strict interpretation of the Constitution


2. federal laws must be approved by the courts before they can take effect
3. the judicial branch must have a role in the amendment process
4. the power of judicial review belongs to the courts

Correct Answer Number: 4

Explanation:

Federalist Era: Question 12 of 16

Alexander Hamilton’s financial plan helped to establish the credit of the United
States government by

1. providing for the payment of the nation’s debts


2. taxing only the people most able to pay
3. favoring agriculture over industry
4. encouraging spending for national defense
Correct Answer Number: 1

Explanation:

Federalist Era: Question 13 of 16

One factor that led to the formation of the first two political parties in the United
States in the 1790s was the conflict over the

1. distribution of power between the federal and state governments


2. spread of slavery into the western territories
3. control of interstate commerce
4. acquisition of lands from France and Spain

Correct Answer Number: 2

Explanation:

Federalist Era: Question 14 of 16

One major reason that Alexander Hamilton proposed a national bank was to

1. improve the economic position of the United States government


2. help state governments collect taxes
3. make loans available to owners of small farms
4. reduce foreign investment in the United States

Correct Answer Number: 1

Explanation:

Federalist Era: Question 15 of 16

A major reason the Antifederalists opposed the ratification of the United States
Constitution was because the Constitution

1. created a national bank


2. lacked a provision for a federal court system
3. failed to provide for the direct election of members of the House of
Representatives
4. changed the balance of power between the state and national governments

Correct Answer Number: 4

Explanation:

Federalist Era: Question 16 of 16

President George Washington pursued a foreign policy of neutrality during his


administration primarily because he believed that

1. the United States needed time to gain economic and military strength
2. treaties were prohibited by the Constitution
3. the United States should not expand by force
4. alliances should be established with both France and England

Correct Answer Number: 1

Explanation:

Landmark Supreme Court Cases: Question 1 of 36

Which idea is illustrated by the Supreme Court cases Schenck v. United States and
Korematsu v . United States?

1. The free speech rights of Communists have often been violated.


2. During wartime, limitations on civil rights have been upheld by judicial
action.
3. The rights of protestors have been preserved even in times of national stress.
4. Economic interests of foreign nations are frequently upheld in United States
courts.

Correct Answer Number: 2

Explanation: The Supreme Court ruled that Schenck’s protests against US


involvement in WWI were a “clear and present danger” to the United States. The
court also ruled during WWII, that the internment of Japanese Americans such as
Fred Korematsu was legal because the posed a potential threat to the United States.
This illustrates the idea that freedoms of liberty and speech can and have been
restricted during the extreme cases, such as wartime.
Landmark Supreme Court Cases: Question 2 of 36

The Dred Scott decision on the issue of slavery upheld the Southern viewpoint that

1. the power of the Supreme Court does not extend to cases of race
2. Congress could not pass a law depriving territorial residents of their property
3. a national vote should be held to decide the legality of slavery
4. the economic well-being of the western states depended on slave labor

Correct Answer Number: 2

Explanation: The Supreme Court ruled in Dred Scott v. Sanford (1857) that blacks
were not citizens and that slaves were property and could be taken anywhere,
regardless of a state’s status as free or slave holding. This also served to declare the
Missouri Compromise unconstitutional due to its establishment of free/slave state
borders. This decision was ultimately nullified by the passage of the 13th amendment
feeing the slaves and the 14th amendment establishing citizenship and equal
protection under the law.

Landmark Supreme Court Cases: Question 3 of 36

The decisions of the United States Supreme Court in Miranda v. Arizona, Gideon v.
Wainwright, and Escobedo v. Illinois all advanced the

1. voting rights of minorities


2. guarantees of free speech and press
3. principle of separation of church and state
4. rights of accused persons

Correct Answer Number: 4

Explanation: In numerous decisions the Warren Court was active in expanding the
rights of the accused. The most famous of these was the 1966 Miranda v. Arizona
decision that established a suspect’s right to be informed of his or her rights. Many
cases such as Mapp v. Ohio (right against illegal search and seizure) Gideon v.
Wainwright (right to counsel) and others further helped establish Earl Warren’s
legacy as an activist Chief Justice.

Landmark Supreme Court Cases: Question 4 of 36


An immediate result of the Supreme Court decision in Schechter Poultry
Corporation v. United States (1935) and United States v. Butler (1936) was that

1. some aspects of the New Deal were declared unconstitutional


2. State governments took over relief agencies
3. ) Congress was forced to abandon efforts to improve the economy
4. the constitutional authority of the President was greatly expanded

Correct Answer Number: 1

Explanation: When the Supreme Court struck down several provisions of FDR’s
New Deal in the 1935 Schecter Poultry v. US case and the 1936 US v. Butler
decision, they were exercising a check upon the Legislature and the Executive
branches by declaring laws of the Congress and actions of the President
unconstitutional. FDR's reaction to these events was an attempt to "pack the court"
with his supports. He first attempted to pass a retirement age for justices (which
would have forced many to step-down) and later attempted to increase the number of
justices to 12. Both tactics failed and the resulting backlash against FDR's attempt to
usurp the Court resulted in a loss of support for The New Deal programs in Congress.

Landmark Supreme Court Cases: Question 5 of 36

Under Chief Justice Earl Warren, the Supreme Court was considered "activist"
because of its

1. reluctance to overturn state laws


2. insistence on restricting freedom of speech to spoken words
3. expansion of individual rights in criminal cases
4. refusal to reconsider the issues of the Plessy v. Ferguson case

Correct Answer Number: 3

Explanation: In numerous decisions the Warren Court was active in expanding the
rights of the accused. The most famous of these was the 1966 Miranda v. Arizona
decision that established a suspect’s right to be informed of his or her rights. Many
cases such as Mapp v. Ohio (right against illegal search and seizure) Gideon v.
Wainwright (right to counsel) and others further helped establish Earl Warren’s
legacy as an activist Chief Justice.

Landmark Supreme Court Cases: Question 6 of 36


The "clear and present danger" ruling of the Supreme Court in Schenck v. United
States illustrates the continuing conflict between

1. free speech and governmental authority


2. the use of search warrants and the rights of the accused
3. state powers and Federal powers
4. religious freedom and separation of church and state

Correct Answer Number: 1

Explanation: Schenck’s speech was anti-government and ant-war (WWI). The


ruling established the ability of the government to suppress speech and press that
present a danger to it or its efforts.

Landmark Supreme Court Cases: Question 7 of 36

“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?

1. The needs of the government are more important than civil liberties.
2. Constitutional protections of liberty are not absolute.
3. The Supreme Court can eliminate freedoms listed in the Bill of Rights.
4. The Bill of Rights does not safeguard individual liberties.

Correct Answer Number: 2

Explanation: The civil liberties granted by the Constitution, the Bill of Rights and
other amendments are not absolute. This means that they may be limited or
suspended depending on circumstance or situation, usually in cases of national
emergency (examples include: suspension of habeas corpus by Lincoln during the
Civil War, limiting of freedom of speech and press during World War I and the
internment of Japanese-Americans without dues process during World War II).

Landmark Supreme Court Cases: Question 8 of 36

Which generalization is consistent with the ruling of the United States Supreme
Court in Schenck v. United States?

1. The freedoms guaranteed in the Bill of Rights are virtually unlimited


2. Government has the right to suspend any rights at any time.
3. Individual rights can be limited in the national interest
4. The balance between individual rights and the general social welfare almost
always favors individual rights.

Correct Answer Number: 3

Explanation: Schenck’s speech was anti-government and ant-war (WWI). The


ruling established the ability of the government to suppress speech and press that
present a danger to it or its efforts.

Landmark Supreme Court Cases: Question 9 of 36

The significance of the Supreme Court case Marbury v. Madison is that the decision

1. advanced civil rights for minorities


2. upheld the constitutionality of a national bank
3. limited Presidential control of foreign policy
4. established the power of judicial review

Correct Answer Number: 4

Explanation: The specific power of judicial review is not addressed in article 3 of


the Constitution, however many Constitutional scholars agree the founding fathers
meant the Supreme Court to have this power. The Court’s decision in Marbury v.
Madison (1803) effectively cemented the Supreme Court’s claim to judicial review,
in which the Court first stated the right to declare laws unconstitutional.

Landmark Supreme Court Cases: Question 10 of 36

"Separate educational facilities are inherently unequal."


-Brown v. Board of Education

The effect of this Supreme Court ruling was to

1. establish affirmative action programs in higher education


2. require the integration of public schools
3. desegregate the armed forces and the military academies
4. force states to spend an equal amount on each public school student
Correct Answer Number: 2

Explanation: The ruling in Plessy v. Ferguson (1896) established that “separate but
equal” facilities were legal (thereby upholding the Jim Crow laws of Southern states)
and was later overturned in the Supreme Court’s 1954 Brown v. Board of Education
of Topeka, Kansas ruling.

Landmark Supreme Court Cases: Question 11 of 36

The decision of the United States Supreme Court in Marbury v. Madison (1803)
established the power of the

1. House of Representatives to impeach the president


2. Congress to override a presidential veto
3. president to veto congressional legislation
4. Supreme Court to determine the constitutionality of laws

Correct Answer Number: 4

Explanation:

Landmark Supreme Court Cases: Question 12 of 36

What was the result of many of the Supreme Court decisions made under Chief
Justice John Marshall between 1801 and 1835?

1. The system of slavery was weakened.


2. The federal government was strengthened.
3. The rights of workers were supported.
4. Antitrust laws were upheld.

Correct Answer Number: 2

Explanation:

Landmark Supreme Court Cases: Question 13 of 36

Supreme Court decisions in Mapp v. Ohio, Gideon v. Wainwright, and Miranda v.


Arizona affected individual liberties by

1. eliminating the poll tax as a voting requirement


2. preventing the use of organized prayer in public schools
3. requiring equal pay for men and women performing the same job
4. expanding the constitutional rights of people accused of crimes

Correct Answer Number: 4

Explanation:

Landmark Supreme Court Cases: Question 14 of 36

As a result of the Supreme Court ruling in Miranda v. Arizona (1966), a person


accused of a crime is entitled to

1. a speedy trial
2. reasonable bail
3. a reading of his or her rights at the time of arrest
4. protection against cruel or unusual punishment

Correct Answer Number: 3

Explanation:

Landmark Supreme Court Cases: Question 15 of 36

The Supreme Court decisions in Mapp v. Ohio, Gideon v. Wainright, and Miranda v.
Arizona all expanded

1. integration of public facilities


2. rights of the accused
3. presidential powers
4. equality in the workplace

Correct Answer Number: 2

Explanation:
Landmark Supreme Court Cases: Question 16 of 36

The police enter an individual’s home without invitation or a warrant and seize
evidence to be used against the individual. Which Supreme Court decision may be
used to rule this evidence inadmissible in court?

1. Baker v. Carr
2. Gideon v. Wainwright
3. Mapp v. Ohio
4. Roe v. Wade

Correct Answer Number: 3

Explanation:

Landmark Supreme Court Cases: Question 17 of 36

The Supreme Court decisions in Gideon v. Wainwright (1963) and Miranda v.


Arizona (1966) have been criticized because these rulings

1. expanded the rights of the accused


2. granted more powers to federal judges
3. lengthened prison sentences for the guilty
4. reinstated the use of capital punishment

Correct Answer Number: 1

Explanation:

Landmark Supreme Court Cases: Question 18 of 36

The case of John Peter Zenger (1735) and New York Times Co. v. United States
(1971) both involved a government’s attempt to limit

1. freedom of religion
2. freedom of the press
3. the right to bear arms
4. the right to counsel
Correct Answer Number: 2

Explanation:

Landmark Supreme Court Cases: Question 19 of 36

The Supreme Court cases of Tinker v. Des Moines and New Jersey v. TLO involved
the issue of

1. freedom of the press


2. the rights of students in school
3. freedom of religion
4. the rights of prison inmates

Correct Answer Number: 2

Explanation:

Landmark Supreme Court Cases: Question 20 of 36

The decisions of the United States Supreme Court in Tinker v. Des Moines and New
York Times Co. v. United States were based on interpretations of the

1. meaning of a republican form of government


2. powers delegated specifically to Congress
3. president’s right to executive privilege
4. rights guaranteed by the 1st amendment

Correct Answer Number: 4

Explanation:

Landmark Supreme Court Cases: Question 21 of 36

The Supreme Court decision in Roe v. Wade (1973) was based on the constitutional
principle of

1. protection of property rights


2. freedom of speech
3. right to privacy
4. freedom of religion

Correct Answer Number: 3

Explanation:

Landmark Supreme Court Cases: Question 22 of 36

The Supreme Court decisions in New York Times Co. v. United States (1971) and
United States v. Nixon (1974) reinforced the principle that the president of the United
States

1. has unlimited use of the veto power


2. is protected from unfair media criticism
3. may not be convicted of a crime
4. is not above the law

Correct Answer Number: 4

Explanation:

Landmark Supreme Court Cases: Question 23 of 36

“We conclude that in the field


of public education the doctrine
of ‘separate but equal’ has no
place. Separate educational
facilities are inherently
unequal.”

—Brown v. Board of Education


(1954)
Which constitutional idea was the basis for this Supreme Court decision?

1. protection against double jeopardy


2. equal protection of the law
3. freedom of speech
4. right of assembly

Correct Answer Number: 2

Explanation:

Landmark Supreme Court Cases: Question 24 of 36

In the 1960s, Supreme Court decisions in the cases Miranda v. Arizona and Gideon v.
Wainwright specifically protected the rights of

1. the accused
2. women
3. military veterans
4. persons with disabilities

Correct Answer Number: 1

Explanation:

Landmark Supreme Court Cases: Question 25 of 36

The Jim Crow legal system, which expanded in the South after Plessy v. Ferguson
(1896), was based on the Supreme Court’s interpretation of the

1. due process clause of the 5th Amendment


2. states’ rights provision of the 10th Amendment
3. equal protection clause in the 14th Amendment
4. voting rights provision in the 15th Amendment
Correct Answer Number: 3

Explanation:

Landmark Supreme Court Cases: Question 26 of 36

“We conclude that in the


field of public education,
the doctrine of ‘separate
but equal’ has no place.
Separate educational
facilities are inherently
unequal. . . .”

— Chief Justice Earl Warren, Brown


v. Board of Education of Topeka

This quotation illustrates the Supreme Court’s power to

1. uphold previous decisions


2. overrule state laws
3. check the powers of the executive branch
4. provide for educational funding

Correct Answer Number: 2

Explanation:

Landmark Supreme Court Cases: Question 27 of 36

In Plessy v. Ferguson (1896), the Supreme Court ruled that


1. states may not secede from the Union
2. racial segregation was constitutional
3. slaves are property and may not be taken from their owners
4. all western territories should be open to slavery

Correct Answer Number: 2

Explanation:

Landmark Supreme Court Cases: Question 28 of 36

Which headline illustrates the use of judicial review?

1. “Congress Passes a Civil Rights Bill”


2. “Conference Committee Meets to Finalize Budget”
3. “New York State’s Reapportionment Plan Ruled Unconstitutional”
4. “President Signs SALT Agreement with Russia”

Correct Answer Number: 3

Explanation:

Landmark Supreme Court Cases: Question 29 of 36

The Supreme Court decision in Schenck v. United States (1919) stated that

1. immigrants have limited rights


2. freedom of speech is not absolute
3. rights of the accused may not be limited
4. women should be granted suffrage

Correct Answer Number: 2

Explanation:

Landmark Supreme Court Cases: Question 30 of 36

The cartoonist is commenting on public reaction to the Supreme Court decision that
1. restricted attendance in churches
2. mandated home-based prayer
3. declared school-sponsored prayer unconstitutional
4. banned public observance of religious holidays

Correct Answer Number: 3

Explanation:

Landmark Supreme Court Cases: Question 31 of 36

In Gideon v. Wainwright (1963) and Miranda v. Arizona (1966), the Supreme Court
ruled that persons convicted of crimes had been

1. denied due process of law


2. denied a speedy and public trial
3. victimized by illegal search and seizure
4. sentenced to cruel and unusual punishment

Correct Answer Number: 1

Explanation:

Landmark Supreme Court Cases: Question 32 of 36

The Supreme Court ruling in Dred Scott v. Sanford (1857) helped to increase
sectional conflict because the decision

1. denied Congress the power to regulate slavery in the territories


2. allowed for the importation of enslaved persons for ten years
3. prohibited slavery in lands west of the Mississippi River
4. gave full citizenship to all enslaved persons

Correct Answer Number: 1

Explanation: The Dred Scott decision invalidated the Missouri Compromise of 1820
by affirming the status of property to slaves no matter what part of the nation (slave
or free) they were taken to. This essentially denied Congress any power to regulate
slavery in the growing western territories and enflamed already growing tensions
over the slavery that would soon ignite the Civil War.

Landmark Supreme Court Cases: Question 33 of 36

The Supreme Court cases of Gideon v. Wainwright (1963) and Miranda v. Arizona
(1966) dealt with the constitutional principle of

1. freedom of religion
2. freedom from unreasonable search
3. separation of powers
4. rights of the accused

Correct Answer Number: 4

Explanation:

Landmark Supreme Court Cases: Question 34 of 36

Many of the decisions made by the Supreme Court while John Marshall was Chief
Justice led directly to

1. a reduction of federal influence in economic affairs


2. an increase in the power of the federal government over the states
3. a greater role for Congress in foreign policy
4. a limitation on slavery in the states

Correct Answer Number: 2

Explanation:

Landmark Supreme Court Cases: Question 35 of 36

In Schenck v. United States (1919), the Supreme Court decided that a “clear and
present danger” to the country allowed the federal government to
1. establish a peacetime draft
2. restrict first amendment rights
3. suspend habeas corpus
4. limit minority voting rights

Correct Answer Number: 2

Explanation:

Landmark Supreme Court Cases: Question 36 of 36

One similarity between the laws being challenged in the United States
Supreme Court cases of Plessy v. Ferguson (1896) and Korematsu v.
United States (1944) is that

1. specific groups of people were being targeted based on race or


ethnicity
2. state laws were declared unconstitutional
3. immigrants were relocated to prison camps
4. federal laws segregating public transportation were upheld

Correct Answer Number: 1

Explanation:

Regents Prep: U.S. History & Government

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Formation of Government: Question 1 of 161

In the 1780’s, mqany Americans distrusted a strong central government. This distrust
is best shown by the

1. lack of debate over the ratification of the United States Constitution


2. plan of government set up by the Articles of Confederation
3. development of a Federal court system
4. constitutional provision for a strong President

Correct Answer Number: 2

Explanation: Colonists had fought a bitter war in order to achieve their


independence from an oppressive British government. Therefore, the Articles of
Confederation were drafted in order to ensure that a strong central government would
not be a problem.

Formation of Government: Question 2 of 161

"We hold these truths to be self-evident: That all men are created equal; that they are
endowed by their creator with certain unalienable rights; that among these are life,
liberty, and the pursuit of happiness; . . ."

This quotation is evidence that some of the basic ideas in the Declaration of
Independence were

1. limitations of the principles underlying most European governments of the


1700’s.
2. adaptations of the laws of Spanish colonial governments in North America.
3. adoptions of rules used by the Holy Roman Empire.
4. reflections of the philosophies of the European Enlightenment.

Correct Answer Number: 4

Explanation: Enlightenment thinker John Locke stated in his Two Treatises, that
people had natural right including life, liberty, and property. This philosophy was
adopted by Jefferson and incorporated into his writing of the Declaration of
Independence.

Formation of Government: Question 3 of 161

The authors of the United States Constitution believed that the voice of the people
should be heard frequently. Which part of the Government was instituted to respond
most directly to the will of the people?

1. Senate
2. House of Representatives
3. Supreme Court
4. Presidency

Correct Answer Number: 2

Explanation: Prior to the passage of the 17th Amendment in 1913, which provided
for direct election of U.S. Senators, members of the House of Representatives were
the only Federal officials that were voted into office by a popular vote of the people.
Before 1913, U.S. Senators were elected by state legislatures. The President has been
elected to office through the Electoral College since 1789.

Formation of Government: Question 4 of 161

In the United States, the use of implied powers, the amending process, and Supreme
Court interpretations have resulted in

1. a general loss of individual rights


2. a strengthening of the principle of separation of powers
3. the Constitution being adapted to fit changing times
4. the limiting of Presidential power in domestic affairs

Correct Answer Number: 3

Explanation: Implied powers are roles and abilities allowed the federal government,
but that are not actually addressed in the Constitution (an example would be the
regulation of monopolies). Amending the Constitution involves adding to or
changing what is in the document. The Supreme Court looks at the “spirit” of the law
and decides if an action or law is allowable under the Constitution. All of these have
created a “living document” that is capable of changing over time to better fit the
needs of the US people.
Formation of Government: Question 5 of 161

Which quotation from the United States Constitution provides for a Federal system of
government?

1. “He shall have power . . . with the advice and consent of the Senate, . . .
and . . . shall appoint . . .“
2. “Every bill . . . shall, before it becomes a law, be presented to the President of
the United States; . . ."
3. “The powers not delegated to the United States . . . are reserved to the
states . . .“
4. “Full faith and credit shall be given in each state to the public acts, records,
and judicial proceedings of every other state.”

Correct Answer Number: 3

Explanation: Federalism is the division of power various levels of government. In


this case the division is between the federal and state levels. The Constitution
provides specific powers to each level, creating a federal system.

Formation of Government: Question 6 of 161

The system of checks and balances is best illustrated by the power of

1. the President to veto a bill passed by Congress


2. Congress to censure one of its members
3. a governor to send the National Guard to stop a riot
4. state and Federal gov-ernments to levy and collect taxes

Correct Answer Number: 1

Explanation: Checking and balancing involves the ability of each of the three
branches of government to regulate and monitor the power of the others. In this case
the ability to veto a law ensures that the legislative branch is not passing laws the go
beyond their duties or powers. The president can “check” their actions by rejecting
the legislation.

Formation of Government: Question 7 of 161


Which Presidential action is an example of the unwritten constitution?

1. appointing Justices to the Supreme Court


2. granting pardons for Federal crimes
3. submitting a treaty to the Senate for ratification
4. consulting with the Cabinet

Correct Answer Number: 4

Explanation: The unwritten Constitution has come about through custom and usage
over the past 200+ years. It implies that there are ideas; actions and concepts that are
not actually in the Constitution itself, but that have arisen as a natural extension of its
use. The cabinet is not directly addressed in the document, but has arisen over time as
a means of advising the president.

Formation of Government: Question 8 of 161

A lasting impact of the United States Supreme Court under Chief Justice John
Marshall is that the Court’s decisions

1. extended the Bill of Rights to enslaved persons


2. expanded the power of the Federal Government
3. restricted the authority of Congress
4. promoted the views of the President

Correct Answer Number: 2

Explanation: The Marshall Court made decisions that served to expand federal
power. The ruling in Marbury v. Madison (1803) established the court’s power to
strike down laws as unconstitutional (judicial review). The ruling in McCulloch v.
Maryland (1819) established federal supremacy in economic matters. Both of these
worked to expand the scope and reach of the US federal government and ensure its
supremacy over state governments.

Formation of Government: Question 9 of 161

The major role of political parties in the United States is to

1. protect the American public from corrupt public officials


2. insure that free and honest elections are held
3. nominate candidates for public office and conduct campaigns
4. meet constitutional requirements for choosing the President

Correct Answer Number: 3

Explanation: Political parties serve as the mechanisms for selecting and promoting
candidates for public office. Modern political parties have evolved over time and
were not originally seen or addressed in the drafting of the Constitution. As such, all
laws and rules regulating their actions have grown from the “unwritten” Constitution.

Formation of Government: Question 10 of 161

Adherence to a strict interpretation of the Constitution would have prevented


President Thomas Jefferson from

1. making the Louisiana Purchase


2. writing “State of the Union” messages
3. receiving ambassadors
4. commissioning military officers

Correct Answer Number: 1

Explanation: It is not within the power of the president to spend monies without the
approval of the House (in which all spending bills arise). It also not within the
president’s powers to negotiate the expansion of the US (that would fall to the
Congress). When Jefferson negotiated the Louisiana Purchase (1803), he was
“stretching” the boundaries of the Constitution (a concept he personally opposed).
The ability to “stretch” the Constitution implies a “loose interpretation” of the
Constitution’s intent. A “strict interpretation” allows for only what is actually in the
Constitution with no interpretations.

Formation of Government: Question 11 of 161

Which factor has made the strongest contribution to the development of religious
freedom in the United States?

1. Most citizens have shared the same religious beliefs.


2. Religious groups have remained politically unified.
3. School prayer has been ruled constitutional by the Supreme Court.
4. Guarantees in the Constitution have encouraged religious expression and
toleration.
Correct Answer Number: 4

Explanation: The separation of Church and State is clearly delineated in the US


Constitution. The government is expressly barred from state sponsored religions
requirements or creating an “official” religion of the nation. This safeguard has
served to preserve religious expression and tolerance in the nation.

Formation of Government: Question 12 of 161

Which phrase from the Declaration of Independence most clearly reflects the idea
that the people are the source of government?

1. “. . . that all men are created equal,...”


2. “. .. all men are . . . endowed by their Creator with certain unalienable rights
3. “. . . deriving their just powers from the consent of the governed. . .“
4. “. . . governments long established should not be changed for light and
transient causes . . .

Correct Answer Number: 3

Explanation: The consent of the governed is an idea born of the enlightenment and
the writings of John Locke. This is the idea that a government gains its power via the
willingness of the people to support it. The US system expresses this notion by
holding elections in which the people (the governed) select their representatives to
govern (there by giving consent).

Formation of Government: Question 13 of 161

One way in which the United States Constitution differed from the Articles of
Confederation was that the Constitution

1. created a national government having three branches


2. provided for the direct election of the President by the voters
3. made the amendment process more difficult
4. increased the powers of the states

Correct Answer Number: 1

Explanation: The US Constitution attempted to address the failing of the Articles of


Confederation by creating a 3 branched government with checks and balances. This
replaced the one branch federal government of the Articles of Confederation, and
also increased the power of the federal government and its superiority over the
governments of the individual states.

Formation of Government: Question 14 of 161

At the Constitutional Convention of 1787, delegates from the small states most
strongly supported the idea of

1. establishing a strong national executive


2. levying taxes on exports
3. popular election of Senators
4. equal representation for the states in the national legislature

Correct Answer Number: 4

Explanation: Smaller states such as New Jersey feared domination of the national
government by larger, more populous states. At the convention, smaller states argued
for equal representation in government as to ensure their power. Larger states, such
as Virginia, argued for representation based on population owing to their greater
numbers and larger economies. “The Great Compromise” created a bicameral (or
two-house) legislature (Congress) in which the upper house (the Senate) is based on
equal representation (2 Senators from each state) and the lower house (The House of
Representatives) is based on proportional representation related to population.

Formation of Government: Question 15 of 161

Which argument did the authors of the United States Constitution use when they
insisted that revenue bills originate in the House of Representatives?

1. Frequent elections would make members of the House more responsive to the
wishes of the voters.
2. Members of the House would have a superior understanding of economics.
3. The national budget should be determined solely by the House of
Representatives.
4. Political parties would have less influence on Members of the House than on
Senators.

Correct Answer Number: 1


Explanation: Smaller states such as New Jersey feared domination of the national
government by larger, more populous states. At the convention, smaller states argued
for equal representation in government as to ensure their power. Larger states, such
as Virginia, argued for representation based on population owing to their greater
numbers and larger economies. “The Great Compromise” created a bicameral (or
two-house) legislature (Congress) in which the upper house (the Senate) is based on
equal representation (2 Senators from each state) and the lower house (The House of
Representatives) is based on proportional representation related to population.
Revenue bills originate in the House as to be a better indication of the wants and
needs of the majority of citizens, who’s tax monies are being spent.

Formation of Government: Question 16 of 161

One way in which the authors of the Constitution tried to create “limited
government” was by providing for

1. a loyal opposition through a two-party system


2. a division of power between the national and state governments
3. the establishment of naturalization laws
4. the popular election of Federal judges

Correct Answer Number: 2

Explanation: The founding fathers feared an all-powerful national government (as


England had been). So in creating the Constitution they felt a need to balance power
between a national government and those of the states. Delegating some specific
powers to the national government, as well as reserving some powers for the state
governments placed limits on the power of each.

Formation of Government: Question 17 of 161

Which action is an example of the unwritten constitution?

1. the Senate ratifying a peace treaty


2. Congress passing a law regulating interstate commerce
3. selection of a Presidential candidate by a nominating convention
4. the President removing an Army officer from command for insubordination

Correct Answer Number: 3


Explanation: The Constitution makes no references to political parties or the manner
in which they are to be set-up, run or governed. As a result they fall under the
“unwritten constitution”, which comes about through custom and usage. Even though
there is no specific reference to political parties, the need for regulation of them is
clear and allowable under the concept of the “unwritten constitution”.

Formation of Government: Question 18 of 161

The elastic clause, the amending process, and judicial review are all methods by
which

1. Congress may check the power of the executive branch


2. the wording of the original Constitution may be altered
3. state governments may limit the power of the Federal Government
4. the Constitution may be adapted to meet changing conditions

Correct Answer Number: 4

Explanation: The Constitution is referred to as a “living document”. This is due to


the ability to add, remove and amend sections of the document in order to adapt to
changing times and conditions. The elastic clause allows Congress to “stretch” the
powers of the Constitution to cover situations not foreseeable in 1789 (ex. Regulation
of assault weapons), the amending process allows the addition or removal of
Constitutional provisions (ex. The 19th amendment extends women the right to vote)
and judicial review allows the Supreme Court the power to determine the
Constitutionality of laws, treaties and actions (ex. Marbury v. Madison).

Formation of Government: Question 19 of 161

“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?

1. The needs of the government are more important than civil liberties.
2. Constitutional protections of liberty are not absolute.
3. The Supreme Court can eliminate freedoms listed in the Bill of Rights.
4. The Bill of Rights does not safeguard individual liberties.

Correct Answer Number: 2

Explanation: The civil liberties granted by the Constitution, the Bill of Rights and
other amendments are not absolute. This means that they may be limited or
suspended depending on circumstance or situation, usually in cases of national
emergency (examples include: suspension of habeas corpus by Lincoln during the
Civil War, limiting of freedom of speech and press during World War I and the
internment of Japanese-Americans without dues process during World War II).

Formation of Government: Question 20 of 161

Which action was necessary to change from the indirect to the direct election of
United States Senators?

1. ratification of a constitutional amendment


2. passage of a Federal law
3. a Supreme Court decision
4. a national referendum

Correct Answer Number: 1

Explanation: The original text of the Constitution called for the election of a state’s
senators to be dome by the state’s legislature. This was changed in the 17th
amendment that called for Senators to be elected directly by the people of the states.
This was a key expansion of democracy and citizen participation, as well as a way of
reducing the power and influence of political machines.

Formation of Government: Question 21 of 161

“We hold these truths to be self-evident, that all men are created equal, that they are
endowed by their Creator with certain unalienable rights, that among these are life,
liberty, and the pursuit of happiness.”

This quotation reflects beliefs mainly derived from

1. the Magna Carta


2. the divine right monarchs of Europe
3. John Locke’s theory of natural rights
4. Marxist philosophy

Correct Answer Number: 3

Explanation: The writings of John Locke and other authors of the Enlightenment
expressed the idea of “The Consent of the Governed” and “Natural Rights”. Natural
Rights are those rights all men are born with and that should be protected by a fair
and just government. Locke called for “Life, Liberty and Property” as natural rights.
Jefferson borrowed this idea for incorporation into the Declaration of Independence.

Formation of Government: Question 22 of 161

The United States Government is considered a federal system because

1. the people elect national officials


2. both national and state governments exist within the nation
3. foreign policy is handled by state governments
4. each state has equal represen-tation in the United States Senate

Correct Answer Number: 2

Explanation: A federal system divides governmental power and control into varies
levels. In the US example the Federal Government, State Governments and Local
Governments all divide an share power. One other component of this is the
superiority of the Federal Government’s power, as seen in the superiority clause of
the Constitution.

Formation of Government: Question 23 of 161

The flexibility of the original United States Constitution is due mainly to

1. its provision for the amending process and judicial interpretation


2. its guarantees of freedom and justice for all people
3. the ability to create new branches of government as needed
4. the willingness of the states to accept Federal control

Correct Answer Number: 1

Explanation: The Constitution is referred to as a “living document”. This is due to


the ability to add, remove and amend sections of the document in order to adapt to
changing times and conditions. The amending process allows the addition or removal
of Constitutional provisions (ex. The 19th amendment extends women the right to
vote) and judicial review allows the Supreme Court the power to determine the
Constitutionality of laws, treaties and actions (ex. Marbury v. Madison).

Formation of Government: Question 24 of 161

Antifederalists criticized the United States Constitution primarily because governing


power was concentrated in the

1. State legislatures
2. President’s Cabinet
3. delegates to the Constitutional Convention
4. National Government

Correct Answer Number: 4

Explanation: During the debates over ratification (acceptance) of the US


Constitution, the Anti-Federalist forces (those opposed to the Constitution) feared the
strong national government outlined in the document. They criticized the
Constitution for creating a national government that they feared would dominate and
control not only the state and local governments, but the lives and freedoms of its
citizens. This fear was not unfounded, as many Anti-Federalists pointed to the
domination and control exercised by the powerful English government during the
colonial era.

Formation of Government: Question 25 of 161

“In framing a government which is to be administered by men over men, the great
difficulty lies in this, you must first enable the government to control the governed;
and in the next place, oblige it to control itself.”

This passage from the Federalist Papers refers to the need for

1. a strong executive
2. a system of checks and balances
3. an independent military
4. a national education system

Correct Answer Number: 2


Explanation: The founding fathers feared an all-powerful national government (as
England had been). So in creating the Constitution they felt a need to balance power
between three branched of government, each with specific, exclusive duties and
powers. In order to keep any one branch from dominating the national government, a
system of “checks and balances” insured that each branch had the ability to oversee
the powers and actions of the others.

Formation of Government: Question 26 of 161

A member of the United States Congress must resign from Congress if elected or
appointed to a position in the executive or judicial branch. This requirement is an
example of

1. limited terms for Federal officials


2. judicial review
3. separation of powers
4. States’ rights

Correct Answer Number: 3

Explanation: The founding fathers feared an all-powerful national government (as


England had been). So in creating the Constitution they felt a need to balance power
between three branched of government, each with specific, exclusive duties and
powers. In order to keep any one branch from dominating the national government, a
system of “checks and balances” insured that each branch had the ability to oversee
the powers and actions of the others. This also includes the provision referred to in
the question. By keeping the people, powers and actions of the three branches clearly
separated, no one branch or one individual is able to dominate or control the federal
system.

Formation of Government: Question 27 of 161

An example of the unwritten constitution in the United States is the

1. right of citizens to vote if they are 18 years old or older


2. rise of the two-party political system
3. right to freedom of speech
4. use of the electoral college system
Correct Answer Number: 2

Explanation: The Constitution makes no references to political parties or the manner


in which they are to be set-up, run or governed. As a result they fall under the
“unwritten constitution”, which comes about through custom and usage. Even though
there is no specific reference to political parties, the need for regulation of them is
clear and allowable under the concept of the “unwritten constitution”.

Formation of Government: Question 28 of 161

The main purpose of lobbying is to

1. influence legislation on behalf of special interest groups


2. strengthen the power of political parties
3. increase the speed and efficiency of the law-making process
4. reduce the number of candidates in political elections

Correct Answer Number: 1

Explanation: Companies, unions, organizations and groups of like-minded citizens


use the lobby system to express their views to elected officials. The concept of
lobbying is to gain access to elected officials and present them with suggestions,
proposed legislative actions or public policies that are agreeable to the lobbying
group.

Formation of Government: Question 29 of 161

The two major political parties make their final selection of a Presidential candidate
through

1. delegates’ votes at a national party convention


2. decisions of the electoral college
3. actions of the State legislatures
4. citizens’ choices in public opinion polls

Correct Answer Number: 1

Explanation: In order to make the selection of party candidates more fair and open, a
primary system was established. This allows for voters and party members to aid in
the party’s candidate selection by participating in a primary vote. The results of the
party’s primaries are tallied at a national convention, at which time the party’s
candidate is selected.

Formation of Government: Question 30 of 161

Which document is best described as a statement of democratic principles rather than


a framework for government?

1. Albany Plan of Union


2. Articles of Confederation
3. Declaration of Independence
4. United States Constitution

Correct Answer Number: 3

Explanation: The Declaration of Independence is not a framework for government,


but simply is a formal declaration of the colonies’ break with England and an
accompanying articulation of the basis for such a break and the specific reasons why.

Formation of Government: Question 31 of 161

The United States Government is considered a federal system because

1. national laws must be passed by both houses of Congress


2. powers are divided between the State and National Governments
3. the States are guaranteed a republican form of government
4. the President is selected by the electoral col-lege

Correct Answer Number: 2

Explanation: A federal system divides governmental power and control into varies
levels. In the US example the Federal Government, State Governments and Local
Governments all divide and share power. One other component of this is the
superiority of the Federal Government’s power, as seen in the superiority clause of
the Constitution.

Formation of Government: Question 32 of 161


The United States Constitution grants certain powers only to the Federal
Government. For example, only Congress can declare war. These powers are called

1. police powers
2. reserved powers
3. delegated powers
4. concurrent powers

Correct Answer Number: 3

Explanation: Delegated powers are those powers specifically delegated to the


Federal Government (ex. The coin money, declare war, run the post office). Reserved
powers are the powers not specifically given the Federal Government and thereby
reserved for the State governments or the individual (ex. Setting up school systems,
licensing drivers). Concurrent powers are those that both the Federal and State
Governments both have at the same time (ex. Taxes are collected by the Federal and
State Governments).

Formation of Government: Question 33 of 161

Which action would be necessary before the government could deny a person a
public trial by an impartial jury?

1. a national referendum
2. passage of a law by Congress
3. a unanimous ruling by the Supreme Court
4. ratification of a constitutional amendment

Correct Answer Number: 4

Explanation: A speedy and public trial by an impartial jury is guaranteed by the 6th
amendment. Denying a right contained within the Constitution or a Constitutional
Amendment requires a further amendment to the Constitution that specifically
removes or adjusts the right in question.

Formation of Government: Question 34 of 161

Which feature of the Presidency is a result of a constitutional amendment?

1. two-term limit in office


2. power to appoint ambassadors
3. duty to act as Commander in Chief
4. responsibility to nominate Justices to the Supreme Court

Correct Answer Number: 1

Explanation: George Washington set the informal presidential precedent of serving


only two terms. Subsequent presidents followed this, up until FDR war elected to
four terms in the 1930’s – 40’s. As a result of FDR’s administration the 22nd
amendment was ratified in 1951 and formally limited the President to 2 terms of
service.

Formation of Government: Question 35 of 161

Which aspect of lawmaking is a result of the unwritten constitution?

1. Congress overriding the President’s veto


2. special-interest groups lobbying to try to influence legislation
3. bills passing both houses of Congress by majority vote
4. revenue bills originating in the House of Representatives

Correct Answer Number: 2

Explanation: Companies, unions, organizations and groups of like-minded citizens


use the “lobby” system to express their views to elected officials. The concept of
“lobbying” is to gain access to elected officials and present them with suggestions,
proposed legislative actions or public policies that are agreeable to the lobbying
group. The Constitution makes no references to lobbying, special-interest groups or
the manner in which they are to be set-up, run or governed. As a result they fall under
the “unwritten constitution”, which comes about through custom and usage. Even
though there is no specific reference, the need for regulation of them is clear and
allowable under the concept of the “unwritten constitution”.

Formation of Government: Question 36 of 161

In the United States Government, members of the Cabinet are directly responsible to
the

1. Congress
2. Senate
3. Supreme Court
4. President

Correct Answer Number: 4

Explanation: The Cabinet is composed of all the heads of the 14 “cabinet level”
departments within the executive branch (ex. Dept. of Justice, Dept. of State, Dept. of
Defense). The Cabinet members serve as advisors and answer to the President, as
head of the executive branch.

Formation of Government: Question 37 of 161

The Supreme Court’s power of judicial review is a result of

1. an order by the President


2. the Court’s own interpretation of the Constitution
3. a provision in the Bill of Rights
4. the Court’s decision to hear appeals regarding taxation

Correct Answer Number: 2

Explanation: The specific power of Judicial Review is not addressed in article 3 of


the Constitution, however many Constitutional scholars agree the founding fathers
meant the Supreme Court to have this power. The court’s decision in Marbury v.
Madison (1803) effectively cemented the Supreme Court’s claim to judicial review,
in which the court first stated the right to declare laws unconstitutional.

Formation of Government: Question 38 of 161

The equal protection clause of the 14th amendment has been used to challenge the
death penalty on the grounds that

1. tremendous differences exist from state to state in the application of capital


punishment laws
2. media coverage severely limits a defendant’s ability to receive a fair trial
3. judges lack the necessary experience to hear capital cases
4. trials are often delayed for trivial reasons

Correct Answer Number: 1

Explanation: The 14th Amendment’s guarantee of “equal protection under the law”
demands that application of law be the same regardless of the citizen it is being
applied to. In the case of the death penalty, protestors have claimed that system is
biased by race, sex and socioeconomic status and as a result fails to be applied in an
equal manner.

Formation of Government: Question 39 of 161

Constitutional amendments have been proposed to ban forced busing, forbid


abortion, and prohibit burning the United States flag. These proposals indicate that

1. the Constitution is an inflexible document


2. amending the Constitution is a simple process
3. some people disagree with certain Supreme Court decisions
4. American society has been unwilling to deal with complex social issues

Correct Answer Number: 3

Explanation: All three of the examples stated are clearly linked with decisions of the
Supreme Court on desegregation of public school, a women’s right to choice/privacy
and freedom of speech/expression. The reason for this reaction would be the fact that
only by changing (amending) the Constitution can it be assured that the Supreme
Court will reconsider its decision on the legality of a law or action.

Formation of Government: Question 40 of 161

Which historical event best demonstrates the operation of checks and balances?

1. President George Washington used the Army to suppress a tax rebellion by


Pennsylvania farmers
2. South Carolina seceded from the Union over the issues of slavery and States
rights.
3. President Dwight D. Eisenhower sent Federal troops to enforce the integration
of public schools in Little Rock, Arkansas.
4. The Senate approved the appointment of Clarence Thomas to the Supreme
Court.

Correct Answer Number: 4

Explanation: One “check” the Legislative Branch has upon the Judicial Branch (and
over the Executive as well) is the approval of judges nominated by the President.
Formation of Government: Question 41 of 161

During the debates over the ratification of the United States Constitution, Federalists
and Anti-Federalists disagreed most strongly over the

1. division of powers between the national and state governments


2. provision for admitting new states to the Union
3. distribution of power between the Senate and the House of Representatives
4. method of amending the Constitution

Correct Answer Number: 1

Explanation: Federalists supported the Constitution and supported the creation of


strong Federal Government, headed by a strong President. The Anti-Federalists
feared the power of a strong central government and preferred a system that granted
greater control to the State Governments.

Formation of Government: Question 42 of 161

Which constitutional provision was intended to give the people the most influence
over the Federal Government?

1. President’s duty to give Congress information about the state of the Union
2. electoral college system for choosing the President
3. direct election of members of the House of Representatives for two-year
terms
4. process for proposing and ratifying amendments to the Constitution

Correct Answer Number: 3

Explanation: Under the original provisions of the Constitution, this was the only
direct election of any Federal representative that the people participated in. The
Presidential system was in direct via the Electoral College and Senators were selected
by a state’s legislature.

Formation of Government: Question 43 of 161

One similarity between the United States Constitution and the New York State
Constitution is that both
1. provide methods for dealing with foreign powers
2. authorize the coinage of money
3. establish rules for public education
4. separate the branches of government

Correct Answer Number: 4

Explanation: United States Government is divided into a three-branch system, a


Legislative Branch (Congress), an Executive Branch (President and Federal
Agencies) and a Judicial Branch (Supreme and Federal Courts). The State
Government of New York is similarly divided into three branches, a Legislative
Branch (NY State Legislature), an Executive Branch (Governor and State Agencies)
and a Judicial Branch (Supreme, Appellate and District Courts).

Formation of Government: Question 44 of 161

An example of the unwritten constitution in the United States is the

1. sharing of power by the national and state governments


2. development of the political party system
3. separation of powers among the three branches of government
4. guarantees of due process of law

Correct Answer Number: 2

Explanation: The Constitution makes no references to political parties or the manner


in which they are to be set-up, run or governed. As a result they fall under the
“unwritten constitution”, which comes about through custom and usage. Even though
there is no specific reference to political parties, the need for regulation of them is
clear and allowable under the concept of the “unwritten constitution”.

Formation of Government: Question 45 of 161

The major political parties in the United States obtain most of their national
campaign funds from

1. the personal fortunes of the candidates


2. state and local taxes
3. funds appropriated by Congress
4. the contributions of individuals and special-interest groups

Correct Answer Number: 4

Explanation: Companies, unions, organizations and groups of like-minded citizens


use the “lobby” system to express their views to elected officials. The concept of
“lobbying” is to gain access to elected officials and present them with suggestions,
proposed legislative actions or public policies that are agreeable to the lobbying
group. More often than not, the majority of lobby efforts are expressed via the
donation of money to political campaigns and political parties. The donations to
parties are not little regulated and referred to as “soft-money”, as opposed to the
“hard-money” limits that regulated the amounts that can be donated directly to a
candidate.

Formation of Government: Question 46 of 161

The Articles of Confederation are best described as a

1. statement of principles justifying the Revolutionary War


2. plan of union for the original thirteen states
3. set of arguments supporting ratification of the Constitution
4. list of reasons for the secession of the Southern States

Correct Answer Number: 2

Explanation: The US Constitution attempted to address the failing of the Articles of


Confederation by creating a 3 branched government with checks and balances. This
replaced the one branch federal government of the Articles of Confederation, and
also increased the power of the federal government and its superiority over the
governments of the individual states.

Formation of Government: Question 47 of 161

When the United States Constitution was written, which compromise was reached by
the authors to gain the support of the states with small populations?

1. Congress would consist of both a House of Representatives and a Senate.


2. Five enslaved persons would be counted as three free persons for the purpose
of taxation
3. The President would be selected by the direct vote of the people.
4. Exported goods could not be taxed, but imported goods could be taxed.

Correct Answer Number: 1

Explanation: Smaller states such as New Jersey feared domination of the national
government by larger, more populous states. At the convention, smaller states argued
for equal representation in government as to ensure their power. Larger states, such
as Virginia, argued for representation based on population owing to their greater
numbers and larger economies. “The Great Compromise” created a bicameral (or
two-house) legislature (Congress) in which the upper house (the Senate) is based on
equal representation (2 Senators from each state) and the lower house (The House of
Representatives) is based on proportional representation related to population.

Formation of Government: Question 48 of 161

An example of the unwritten constitution is the

1. establishment of a postal system


2. development of political parties
3. direct election of Senators
4. impeachment process

Correct Answer Number: 2

Explanation: The Constitution makes no references to political parties or the manner


in which they are to be set-up, run or governed. As a result they fall under the
“unwritten constitution”, which comes about through custom and usage. Even though
there is no specific reference to political parties, the need for regulation of them is
clear and allowable under the concept of the “unwritten constitution”.

Formation of Government: Question 49 of 161

Which action could eliminate the electoral college?

1. a Supreme Court ruling


2. a Presidential order
3. passage of legislation by Congress
4. ratification of a constitutional amendment

Correct Answer Number: 4


Explanation: The Electoral College system is specifically created in the
Constitution. Any revision or elimination would require and amendment to the
Constitution specifically addressing this issue. Many attempts at eliminating the
Electoral College have been attempted and failed, generally following a presidential
election that calls into question the system’s efficacy and fairness (see the election of
1876 and the election of 2000).

Formation of Government: Question 50 of 161

"President Delivers State of the Union Address to Congress."


"President Mobilizes the National Guard To Quell Riots."
"President’s Appointee Will Enforce Federal Guidelines."

These headlines are evidence that the President of the United States

1. has new added duties not specified in the original Constitution


2. exercises nearly unlimited power under the United States governmental
system
3. has specific executive, legislative, and military powers
4. must obtain congressional approval of most executive decisions

Correct Answer Number: 3

Explanation: The roles and powers of the President are specifically addressed in
Article II of the Constitution. The President is specifically granted powers as
Commander-in-Chief of the armed forces, as Chief Executive of federal agencies, as
Chief Legislator to recommend legislation, as well as a variety of other roles.

Formation of Government: Question 51 of 161

The authors of the Articles of Confederation established a decentralized political


system mainly to

1. cancel state debts incurred during the Revolutionary War


2. assist the southern states in their efforts to gain a manufacturing base
3. promote the common goal of national sovereignty
4. prevent the abuses of power that had existed under British rule

Correct Answer Number: 4


Explanation: The founding fathers feared an all-powerful national government (as
England had been). So in creating the Articles of Confederation, they felt a need to
weaken the power of the Federal Government, in order to keep it from dominating
the states and the individual citizen. The resulting system was however too weak to
govern effectively and was replaced with a stronger more enduring system under the
Constitution.

Formation of Government: Question 52 of 161

Senate ratification of treaties negotiated by the President is required by the United


States Constitution as a way of

1. maintaining United States prestige in international affairs


2. preventing Federal abuse of State power
3. implementing the principle of checks and balances
4. expanding the authority of the executive branch

Correct Answer Number: 3

Explanation: In order to divide and balance power on the federal level, each branch
has a variety of ways to “check” the others. While the President is specifically
granted the power to make treaties, the Senate is granted the check of approval and
the Supreme Court is granted the further check of judicial review over ratified treaties
(to evaluate their constitutionality).

Formation of Government: Question 53 of 161

The United States Constitution requires that a census be taken every ten years to
reapportion

1. membership in the House of Representatives


2. the number of delegates to national nominating coventions
3. Federal aid to localities
4. agricultural subsidies

Correct Answer Number: 1

Explanation: Representation to the House of Representatives is based upon


population of a state. The census serves every decade to determine the states’
populations and assign representatives based upon that count. The number of
representatives has been “fixed” at 435 since the early 1900’s and as such any gain in
a state’s number of representatives must be offset by the loss of representatives by
other state(s).

Formation of Government: Question 54 of 161

In the United States Congress, differences between Senate and House of


Representatives versions of a bill are usually resolved by accepting the version that is

1. preferred by a majority of the State legislatures


2. supported by the Supreme Court
3. preferred by the House in which the bill originated
4. agreed to by a joint conference committee of both Houses

Correct Answer Number: 4

Explanation: A bill cannot pass out of the Congress until both houses (House and
Senate) have passed identical pieces of legislation. When differences in House and
Senate versions arise, a reconciliation committee is convened with representation
from both houses and an attempt is made at compromise between the competing
versions which are then sent back for re-approval by the House and Senate
separately.

Formation of Government: Question 55 of 161

"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

1. wanted the President to have unlimited power during wartime


2. wanted to balance individual liberty with the needs of the nation
3. did not trust the common people to obey the laws
4. expected the American people to oppose most government policies

Correct Answer Number: 2

Explanation: The civil liberties granted by the Constitution, the Bill of Rights and
other amendments are not absolute. This means that they may be limited or
suspended depending on circumstance or situation, usually in cases of national
emergency (examples include: suspension of habeas corpus by Lincoln during the
Civil War, limiting of freedom of speech and press during World War I and the
internment of Japanese-Americans without dues process during World War II).

Formation of Government: Question 56 of 161

In the United States, activities such as Cabinet meetings and political party
conventions are best described as

1. examples of direct democracy


2. responsibilities of the executive branch
3. features of the unwritten constitution
4. requirements of the system of checks and balances

Correct Answer Number: 3

Explanation: The Constitution makes no references to Cabinet activities, political


parties, political conventions or the manner in which they are to be set-up, run or
governed. As a result they fall under the “unwritten constitution”, which comes about
through custom and usage. Even though there is no specific reference, the need for
regulation of them is clear and allowable under the concept of the “unwritten
constitution”.

Formation of Government: Question 57 of 161

Which idea had a major influence on the authors of the Articles of Confederation?

1. A strong central government threatens the rights of the people and the states.
2. All of the people must be granted the right to vote.
3. Three branches of government are needed to protect liberty.
4. The central government must have the power to levy taxes and to control
trade.

Correct Answer Number: 1

Explanation: The founding fathers feared an all-powerful national government (as


England had been). So in creating the Articles of Confederation, they felt a need to
weaken the power of the Federal Government, in order to keep it from dominating
the states and the individual citizen. The resulting system was however too weak to
govern effectively and was replaced with a stronger more enduring system under the
Constitution.

Formation of Government: Question 58 of 161

Speaker A:"States must be represented in the national government solely on the basis
of population. It is indeed the only fair situation."

Speaker B:"The national legislature must be based on equal representation of the


states to protect the interests of the small states."

Speaker C:"States must accept the supremacy of the national government on all
issues; otherwise, the system will fail."

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?

1. Declaration of Independence
2. United States Constitution
3. Covenant of the League of Nations
4. Charter of the United Nations

Correct Answer Number: 2

Explanation: Smaller states such as New Jersey feared domination of the national
government by larger, more populous states. At the convention, smaller states argued
for equal representation in government as to ensure their power. Larger states, such
as Virginia, argued for representation based on population owing to their greater
numbers and larger economies. “The Great Compromise” created a bicameral (or
two-house) legislature (Congress) in which the upper house (the Senate) is based on
equal representation (2 Senators from each state) and the lower house (The House of
Representatives) is based on proportional representation related to population. The
founding fathers feared an all-powerful national government (as England had been).
So in creating the Constitution they felt a need to balance power between three
branches of government, each with specific, exclusive duties and powers. In order to
keep any one branch from dominating the national government, a system of “checks
and balances” insured that each branch had the ability to oversee the powers and
actions of the others. This also includes the provision referred to in the question. By
keeping the people, powers and actions of the three branches clearly separated, no
one branch or one individual is able to dominate or control the federal system.
Formation of Government: Question 59 of 161

Speaker A:"States must be represented in the national government solely on the basis
of population. It is indeed the only fair situation."

Speaker B:"The national legislature must be based on equal representation of the


states to protect the interests of the small states."

Speaker C:"States must accept the supremacy of the national government on all
issues; otherwise, the system will fail."

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 speaker’s idea about representation was actually included in the U.S.
Constitution?

1. Speaker A
2. Speaker B
3. Speaker C
4. Speaker D

Correct Answer Number: 4

Explanation: Smaller states such as New Jersey feared domination of the national
government by larger, more populous states. At the convention, smaller states argued
for equal representation in government as to ensure their power. Larger states, such
as Virginia, argued for representation based on population owing to their greater
numbers and larger economies. “The Great Compromise” created a bicameral (or
two-house) legislature (Congress) in which the upper house (the Senate) is based on
equal representation (2 Senators from each state) and the lower house (The House of
Representatives) is based on proportional representation related to population.

Formation of Government: Question 60 of 161

Which United States governmental principle includes the concepts of reserved


powers, delegated powers, and concurrent powers?

1. the amending process


2. judicial review
3. federalism
4. the unwritten constitution

Correct Answer Number: 3

Explanation: Delegated powers are those powers specifically delegated to the


Federal Government (ex. The coin money, declare war, run the post office). Reserved
powers are the powers not specifically given the Federal Government and thereby
reserved for the State governments or the individual (ex. Setting up school systems,
licensing drivers). Concurrent powers are those that both the Federal and State
Governments both have at the same time (ex. Taxes are collected by the Federal and
State Governments). This is the concept of Federalism (dividing power among a
strong federal and lesser governments, with the federal government being superior).

Formation of Government: Question 61 of 161

The majority of cases heard by the United States Supreme Court come to the Court
because of its constitutional power to

1. exercise jurisdiction in legal situations involving foreign governments


2. advise Congress on the legality of bills
3. mediate disagreements between states
4. act on decisions appealed from lower courts

Correct Answer Number: 4

Explanation: The Supreme Court serves mostly as an appellate court and hears the
vast majority of its cases as appeals from lower Federal or State courts. The Supreme
Court does not determine guilt or innocence (point-of-fact) as a lower court may,
instead the Supreme Court rules on the law itself or how the law was carried out
(point-of-law). The Supreme Court does have original jurisdiction in cases of a state
versus state matter or in a case of one branch of federal government versus another
(ex. US vs. Nixon), but this is a very limited number of cases the court rules upon.

Formation of Government: Question 62 of 161

The major reason the Bill of Rights was added to the United States Constitution was
to

1. limit the power of state governments


2. protect individual liberties against abuse by the Federal Government
3. provide for equal treatment of all people
4. separate powers between the three branches of government

Correct Answer Number: 2

Explanation: During the debates over ratification (acceptance) of the US


Constitution, the Anti-Federalist forces (those opposed to the Constitution) feared the
strong national government outlined in the document. They criticized the
Constitution for creating a national government that they feared would dominate and
control not only the state and local governments, but the lives and freedoms of its
citizens. This fear was not unfounded, as many Anti-Federalists pointed to the
domination and control exercised by the powerful English government during the
colonial era. Many Anti-Federalists argued for the inclusion of a “Bill of Rights”, not
unlike the existing English Bill of Rights or the Virginia Declaration of Rights, to
guarantee citizens protection from the power of a strong national government. A Bill
of Rights was promised during the ratification debates and was the deciding factor in
swaying many Anti-Federalists into supporting the proposed Constitution. The first
10 amendments were added soon after ratification and became the US Bill of Rights.

Formation of Government: Question 63 of 161

Once an amendment has been added to the United States Constitution, which process
must be used to change that amendment?

1. ratifying a new amendment


2. convincing the states to ignore the amendment
3. having Congress pass a law repealing the amendment
4. having the President issue an executive order canceling the amendment

Correct Answer Number: 1

Explanation: The Constitution is referred to as a “living document”. This is due to


the ability to add, remove and amend sections of the document in order to adapt to
changing times and conditions. Changing a provision contained within the
Constitution or a Constitutional Amendment requires a further amendment to the
Constitution that specifically removes or adjusts the provision in question.

Formation of Government: Question 64 of 161

Which governmental practice established under the unwritten constitution was later
included in the written Constitution by an amendment?
1. appointing members of the Cabinet
2. exercising judicial review
3. holding political party conventions
4. limiting the President’s time in office to two terms

Correct Answer Number: 4

Explanation: George Washington set the informal presidential precedent of serving


only two terms. Subsequent presidents followed this, up until FDR war elected to
four terms in the 1930’s – 40’s. As a result of FDR’s administration the 22nd
Amendment was ratified in 1951 and formally limited the President to 2 terms of
service.

Formation of Government: Question 65 of 161

Which statement best explains why critics have called for a change in the electoral
college system?

1. A person who did not receive the largest percentage of popular votes can be
elected President.
2. The system is a threat to the two-party system.
3. Electors often vote for candidates not listed on the ballot.
4. States with small populations have greater influence on Presidential elections
than more populated states do.

Correct Answer Number: 1

Explanation: The Electoral College system is specifically created in the


Constitution. Any revision or elimination would require and amendment to the
Constitution specifically addressing this issue. Many attempts at eliminating the
Electoral College have been attempted and failed, generally following a presidential
election that calls into question the system’s efficacy and fairness (see the election of
1876 and the election of 2000).

Formation of Government: Question 66 of 161

In United States history, the phrase "a government of laws, not of men" has been
used to express the idea that

1. sexism should legally be ended


2. all laws should apply equally to all persons
3. government should interfere as little as possible in people’s lives
4. newly elected government Leaders should not be allowed to initiate changes
in the law

Correct Answer Number: 2

Explanation: The 14th Amendment’s guarantee of “equal protection under the law”
demands that application of law be the same regardless of the citizen it is being
applied to. This idea is intended to remove any potential bias and descrimination
from the application of law. The quote above refers to this ideal in modern American
democracy.

Formation of Government: Question 67 of 161

John Locke’s theory of the social contract, as developed in the United States
Declaration of Independence, stated that

1. the people should revolt against a government that did not protect their rights
2. monarchs could rule autocratically, but they had to grant certain rights to their
subjects
3. legislatures should have more power than kings
4. government should guarantee equal economic conditions to all people

Correct Answer Number: 1

Explanation: The writings of John Locke and other authors of the Enlightenment
expressed the idea of “The Consent of the Governed” and “Natural Rights”. Natural
Rights are those rights all men are born with and that should be protected by a fair
and just government. Locke called for “Life Liberty and Property” as natural rights.
Jefferson borrowed this idea for incorporation into the Declaration of Independence.
Rousseau also maintained that a “Social Contract” existed between government and
the governed and when government failed to protect rights, a revolution was in order.

Formation of Government: Question 68 of 161

Which statement best explains why the Articles of Confederation established a weak
rather than a strong central government?

1. Americans were following the plan of government set up in the Declaration of


Independence
2. The absence of national problems made a strong government unnecessary.
3. Colonial experiences under Great Britain had created a fear of unlimited
government.
4. Revenues were not adequate to support a strong central government.

Correct Answer Number: 3

Explanation: The founding fathers feared an all-powerful national government (as


England had been). So in creating the Articles of Confederation, they felt a need to
weaken the power of the Federal Government, in order to keep it from dominating
the states and the individual citizen. The resulting system was however too weak to
govern effectively and was replaced with a stronger more enduring system under the
Constitution.

Formation of Government: Question 69 of 161

Which action in the process of electing a President of the United States is provided
for in the Federal Constitution?

1. the opening of a national nominating convention


2. the President making an inaugural address
3. the electoral college casting ballots
4. a political party adopting a platform

Correct Answer Number: 3

Explanation: The Electoral College system is specifically created in the


Constitution. It calls for the in-direct election of the President by electors to the
Electoral College who mostly are bound to cast votes for the candidate winning the
majority of popular votes in the state they represent. As in the election of 2000 and
others, it is possible for the candidate elected president to receive less popular votes
that his opponent and still gather the majority of electoral votes needed to win the
election. Many attempts at eliminating the Electoral College have been attempted and
failed, generally following a presidential election that calls into question the system’s
efficacy and fairness (see the election of 1876 and the election of 2000).

Formation of Government: Question 70 of 161

After the President has proposed the Federal budget, the next step in the process of
adopting the budget is to submit it to the
1. Internal Revenue Service
2. Treasury Department
3. Cabinet
4. House of Representatives

Correct Answer Number: 4

Explanation: The House must originate all spending bills, as to better represent the
will of the majority of Americans and their monies.

Formation of Government: Question 71 of 161

Which method resulted in both "separate but equal" public facilities (1896) and
Miranda warnings against self-incrimination (1966)?

1. decisions of the United States Supreme Court


2. proclamations of state governors
3. executive orders of the President
4. congressional actions

Correct Answer Number: 1

Explanation: The ruling in Plessy v. Ferguson (1896) established that “separate but
equal” facilities were legal (thereby upholding the Jim Crow laws of Southern states)
and was later overturned in the Supreme Court’s 1954 Brown v. Board of Education
of Topeka Kansas ruling. The “Miranda warning” issued to suspects upon arrest was
established in the 1966 Miranda v. Arizona decision.

Formation of Government: Question 72 of 161

The clash between President Franklin D. Roosevelt and the United States Supreme
Court over New Deal laws best illustrates the operation of

1. federalism
2. due process
3. checks and balances
4. the two-party system

Correct Answer Number: 3


Explanation: When the Supreme Court struck down several provisions of FDR’s
New Deal in the 1935 Schecter Poultry v. US case and the 1936 US v. Butler
decision, they were exercising a check upon the Legislature and the Executive
branches by declaring laws of the Congress and actions of the President
unconstitutional.

Formation of Government: Question 73 of 161

"President Nixon Plans Trip to China To Meet with Chairman Mao"


"President Carter Signs New Panama Canal Treaty"
"President Clinton Concludes Trade Agreement with Japan"

Each headline illustrates an action of a President fulfilling his role as

1. head of his political party


2. Commander in Chief
3. chief diplomat
4. chief legislator

Correct Answer Number: 3

Explanation: The roles and powers of the President are specifically addressed in
Article II of the Constitution. The President is specifically granted powers as Chief
Diplomat in which he serves the United States representative to foreign nations and
negotiates treaties and agreements, as Commander-in-Chief of the armed forces, as
Chief Executive of federal agencies, as Chief Legislator to recommend legislation, as
well as a variety of other roles.

Formation of Government: Question 74 of 161

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
that

1. the process of amending the Constitution became slower and more complex
2. the guarantees in the Bill of Rights were applied to state actions
3. every citizen gained an absolute right to freedom of speech and assembly
4. the power of the Federal Government was sharply reduced
Correct Answer Number: 2

Explanation: The 14th Amendment’s guarantee of “equal protection under the law”
demands that application of law be the same regardless of the citizen it is being
applied to. For example, in the case of a state's administration of the death penalty,
protestors have claimed that system is biased by race, sex and socioeconomic status
and as a result fails to be applied in an equal manner

Formation of Government: Question 75 of 161

The "clear and present danger" ruling in the Supreme Court case Schenck v. United
States (1919) confirmed the idea that

1. prayer in public schools is unconstitutional


2. racism in the United States is illegal
3. interstate commerce can be regulated by state governments
4. constitutional rights are not absolute

Correct Answer Number: 4

Explanation: The civil liberties granted by the Constitution, the Bill of Rights and
other amendments are not absolute. This means that they may be limited or
suspended depending on circumstance or situation, usually in cases of national
emergency (examples include: suspension of habeas corpus by Lincoln during the
Civil War, limiting of freedom of speech and press during World War I and the
internment of Japanese-Americans without dues process during World War II).

Formation of Government: Question 76 of 161

Under Chief Justice Earl Warren, the Supreme Court was considered "activist"
because of its

1. reluctance to overturn state laws


2. insistence on restricting freedom of speech to spoken words
3. expansion of individual rights in criminal cases
4. refusal to reconsider the issues of the Plessy v. Ferguson case

Correct Answer Number: 3

Explanation: In numerous decisions the Warren Court was active in expanding the
rights of the accused. The most famous of these was the 1966 Miranda v. Arizona
decision that established a suspect’s right to be informed of his or her rights. Many
cases such as Mapp v. Ohio (right against illegal search and seizure) Gideon v.
Wainwright (right to counsel) and others further helped establish Earl Warren’s
legacy as an activist Chief Justice.

Formation of Government: Question 77 of 161

Which fundamental political idea is expressed in the Declaration of Independence?

1. The government should guarantee every citizen economic security.


2. The central government and state governments should have equal power.
3. If the government denies its people certain basic rights, that government can
be overthrown.
4. Rulers derive their right to govern from God and are therefore bound to
govern in the nation’s best interest.

Correct Answer Number: 3

Explanation: The writings of John Locke and other authors of the Enlightenment
expressed the idea of “The Consent of the Governed” and “Natural Rights”. Natural
Rights are those rights all men are born with and that should be protected by a fair
and just government. Locke called for “Life Liberty and Property” as natural rights.
Jefferson borrowed this idea for incorporation into the Declaration of Independence.

Formation of Government: Question 78 of 161

In stating the principle of a "clear and present danger" in Schenck v. United States,
the Supreme Court established that

1. constitutional rights are not absolute


2. the Constitution guarantees the right to privacy
3. Congress can pass a law to eliminate any part of the Bill of Rights
4. all individual rights are eliminated during wartime

Correct Answer Number: 1

Explanation: The civil liberties granted by the Constitution, the Bill of Rights and
other amendments are not absolute. This means that they may be limited or
suspended depending on circumstance or situation, usually in cases of national
emergency (examples include: suspension of habeas corpus by Lincoln during the
Civil War, limiting of freedom of speech and press during World War I and the
internment of Japanese-Americans without dues process during World War II).

Formation of Government: Question 79 of 161

When President Dwight D. Eisenhower sent Federal troops to Little Rock, Arkansas,
during the 1957 school integration crisis, he was exercising his constitutional power
as

1. Chief Legislator
2. Commander-in-Chief
3. Chief Diplomat
4. Head of State

Correct Answer Number: 2

Explanation: The roles and powers of the President are specifically addressed in
Article II of the Constitution. The President is specifically granted powers as Chief
Diplomat in which he serves the United States representative to foreign nations and
negotiates treaties and agreements, as Commander-in-Chief of the armed forces, as
Chief Executive of federal agencies, as Chief Legislator to recommend legislation, as
well as a variety of other roles.

Formation of Government: Question 80 of 161

The significance of the Supreme Court case Marbury v. Madison is that the decision

1. advanced civil rights for minorities


2. upheld the constitutionality of a national bank
3. limited Presidential control of foreign policy
4. established the power of judicial review

Correct Answer Number: 4

Explanation: Judicial review allows the Supreme Court the power to determine the
Constitutionality of laws, treaties and actions as first expressed in Marbury v.
Madison (1803).
Formation of Government: Question 81 of 161

One similarity between the Articles of Confederation and the United States
Constitution is that both documents provide for

1. a national legislature to make laws


2. federal control of commerce between the states
3. federal power to impose and collect taxes
4. the abolition of slavery

Correct Answer Number: 1

Explanation:

Formation of Government: Question 82 of 161

The amendment process was included in the United States Constitution in order to

1. remove government officials from political office


2. check the power of the Supreme Court
3. allow government to meet the changing needs of society
4. preserve the federal system of government

Correct Answer Number: 3

Explanation:

Formation of Government: Question 83 of 161

Which concept from the European Enlightenment was included in the United States
Constitution?

1. absolutism
2. despotism
3. limited monarchy
4. consent of the governed

Correct Answer Number: 4

Explanation:
Formation of Government: Question 84 of 161

Delegates to the Constitutional Convention of 1787 adopted the Great Compromise


to settle differences over

1. slavery
2. representation in Congress
3. interstate trade
4. taxation

Correct Answer Number: 2

Explanation:

Formation of Government: Question 85 of 161

A system of checks and balances was included in the United States Constitution
because the authors were concerned about

1. one branch of government becoming too strong


2. the states having too much power
3. the people having a voice in government
4. the military gaining control of the United States

Correct Answer Number: 1

Explanation:

Formation of Government: Question 86 of 161

The Bill of Rights was added to the United States Constitution to

1. provide the president with the power to enforce the laws


2. protect individuals’ civil liberties
3. establish a presidential cabinet
4. guarantee voting privileges to all citizens

Correct Answer Number: 2


Explanation:

Formation of Government: Question 87 of 161

The writers of the United States Constitution created a federal form of government
primarily to

1. limit the powers of the Senate


2. develop a criminal justice system
3. provide for civilian control over the military
4. divide power between levels of government

Correct Answer Number: 4

Explanation:

Formation of Government: Question 88 of 161

“Illegally obtained evidence cannot be used in a court of law.” This statement is


based on a person’s constitutional right to

1. face an accuser in open court


2. protection against double jeopardy
3. a speedy and public trial by an impartial jury
4. protection against unreasonable searches and seizures

Correct Answer Number: 4

Explanation:

Formation of Government: Question 89 of 161

The Declaration of Independence was based on the ideas of the

1. Enlightenment
2. Romantic Era
3. Renaissance
4. Age of Exploration

Correct Answer Number: 1

Explanation:

Formation of Government: Question 90 of 161

What was an important accomplishment of the central government under the Articles
of Confederation?

1. elimination of debts from the Revolutionary War


2. removal of all British troops from North America
3. formation of a national policy relating to Native American Indians
4. development of guidelines for the admission of new states into the Union

Correct Answer Number: 4

Explanation:

Formation of Government: Question 91 of 161

Which feature of the unwritten constitution is part of the system of checks and
balances?

1. the cabinet
2. judicial review
3. political parties
4. legislative lobbies

Correct Answer Number: 2

Explanation:

Formation of Government: Question 92 of 161

Delegates to the Constitutional Convention of 1787 agreed to the Three-Fifths


Compromise as a solution to the problem of how to determine the
1. number of representatives in the House from each state
2. qualifications of Supreme Court justices
3. tariff rates on exports
4. length of the president’s term

Correct Answer Number: 1

Explanation:

Formation of Government: Question 93 of 161

Soon after the Constitution of the United States was ratified, the first ten amendments
were added because many citizens felt the need for

1. strengthening the power of the federal courts


2. ensuring the division of powers between the state and federal governments
3. establishing a national bank
4. protecting their liberties from abuses by the federal government

Correct Answer Number: 4

Explanation:

Formation of Government: Question 94 of 161

The Federalist Papers were a series of newspaper articles published in 1787 and 1788
to win support for the

1. right of the colonies to rebel against Great Britain


2. right of a state to secede from the Union
3. ratification of the United States Constitution
4. construction of an interstate canal system

Correct Answer Number: 3

Explanation:

Formation of Government: Question 95 of 161


Which statement from the United States Constitution is referred to as the elastic
clause?

1. “All legislative powers herein granted shall be vested in a Congress of the


United States. . . . ”
2. “Congress shall make no law respecting an establishment of religion. . . . ”
3. “All bills for raising revenue shall originate in the House of Representatives. .
..”
4. “Congress shall have power . . . to make all laws which shall be necessary and
proper for carrying into execution the foregoing powers. . . . ”

Correct Answer Number: 4

Explanation:

Formation of Government: Question 96 of 161

Speaker A: We favor the Virginia Plan, in which representation is based on


population. States with more people should have more representation. Speaker B:
Slaves should be counted because they are an important part of our state populations,
and Congress should not be able to stop us from importing slaves to work on our
plantations. Speaker C: We delegates from the small states insist upon a legislature in
which each state receives equal representation. Speaker D: Congress should tax
imports so that foreign goods will not be cheaper than our manufactured products.
Which document addressed the concerns of all of these speakers?

1. Declaration of Independence
2. Articles of Confederation
3. United States Constitution
4. Missouri Compromise

Correct Answer Number: 3

Explanation:

Formation of Government: Question 97 of 161

Speaker A: We favor the Virginia Plan, in which representation is based on


population. States with more people should have more representation. Speaker B:
Slaves should be counted because they are an important part of our state populations,
and Congress should not be able to stop us from importing slaves to work on our
plantations. Speaker C: We delegates from the small states insist upon a legislature in
which each state receives equal representation. Speaker D: Congress should tax
imports so that foreign goods will not be cheaper than our manufactured products.]
The conflict between the statements of Speakers A and C was resolved by

1. creating a two-house legislature


2. delegating most governing power to the states
3. maintaining a balance in Congress between the slave states and the free states
4. passing a group of constitutional amendments to protect individual rights

Correct Answer Number: 1

Explanation:

Formation of Government: Question 98 of 161

Which action illustrates the president’s power as commander in chief ?

1. ordering American troops into a foreign country


2. appointing the secretary of state
3. entertaining a foreign leader at the White House
4. delivering the State of the Union address

Correct Answer Number: 1

Explanation:

Formation of Government: Question 99 of 161

“. . . 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

1. states’ rights
2. separation of powers
3. implied powers
4. limits on governmental power

Correct Answer Number: 4

Explanation:
Formation of Government: Question 100 of 161

A major objection to many lobbying groups is that they

1. are illegal under the federal Constitution


2. have too much influence on government
3. are free from all government regulations
4. have been controlled by the media

Correct Answer Number: 2

Explanation:

Formation of Government: Question 101 of 161

The lack of a national executive and judiciary under the Articles of Confederation
suggests that the founders of the American republic

1. risked tyranny for the sake of effective national government


2. copied the British constitution
3. prized national unity above the sovereignty of the states
4. feared a strong central government

Correct Answer Number: 4

Explanation:

Formation of Government: Question 102 of 161

The Declaration of Independence and the Bill of Rights are similar in that both

1. support a federal system of government


2. maintain the importance of a strong chief executive
3. provide for a system of checks and balances
4. support limitations on governmental power

Correct Answer Number: 4

Explanation:
Formation of Government: Question 103 of 161

Speaker A: A leader is not ultimately responsible to the people but to God, from
whom the leader derives the right to govern. Speaker B: Each citizen is entitled to a
voice in government. Therefore, government should be run by those representatives
elected directly by the citizens so that the will of the citizens is expressed. Speaker C:
History has taught us that the concentration of political power leads to the abuse of
that power. Therefore, power should be divided among national, state, and local
governments. Speaker D: Life is a struggle. Those who seize and maintain political
power represent the strongest and most competent of that society and earn the right to
govern. The principle of federalism contained in the Constitution of the United States
is most consistent with the ideas of Speaker

1. A
2. B
3. C
4. D

Correct Answer Number: 3

Explanation:

Formation of Government: Question 104 of 161

Speaker A: A leader is not ultimately responsible to the people but to God, from
whom the leader derives the right to govern. Speaker B: Each citizen is entitled to a
voice in government. Therefore, government should be run by those representatives
elected directly by the citizens so that the will of the citizens is expressed. Speaker C:
History has taught us that the concentration of political power leads to the abuse of
that power. Therefore, power should be divided among national, state, and local
governments. Speaker D: Life is a struggle. Those who seize and maintain political
power represent the strongest and most competent of that society and earn the right to
govern. Over the course of its history, the United States has advanced the goal of
Speaker B by

1. upholding the separation of church and state


2. adding constitutional amendments to expand voting rights
3. expanding the role of the Supreme Court in government
4. providing for the direct election of the president
Correct Answer Number: 2

Explanation:

Formation of Government: Question 105 of 161

Which statement describes a characteristic of democracy that is provided for in the


United States Constitution?

1. Political power in Congress is held by the ranking political party.


2. All bills passed by Congress are reviewed by the Supreme Court.
3. Citizens choose their congressional representatives.
4. The president can require Congress to submit legislation for the cabinet’s
approval.

Correct Answer Number: 3

Explanation:

Formation of Government: Question 106 of 161

The implied powers suggested by the United States Constitution show that the writers
recognized the

1. powers of government needed to be able to adapt to change


2. rights of the states had to be protected
3. powers of the Supreme Court needed to be checked
4. rights of the citizens were the first concern of government

Correct Answer Number: 1

Explanation:

Formation of Government: Question 107 of 161

Delegates at the Constitutional Convention of 1787 agreed to create a bicameral


legislature as a way to
1. insure speedy passage of legislation
2. assure the right to vote to all adult males
3. address the issue of population differences among the states
4. satisfy the different interests of the rich and poor citizens

Correct Answer Number: 3

Explanation:

Formation of Government: Question 108 of 161

Under the United States Constitution, state governments have the power to

1. coin money
2. license teachers
3. regulate interstate commerce
4. establish term limits for members of Congress

Correct Answer Number: 2

Explanation:

Formation of Government: Question 109 of 161

The Constitution assigns the power to ratify treaties exclusively to the

1. Supreme Court
2. United States Senate
3. House of Representatives
4. president

Correct Answer Number: 2

Explanation:

Formation of Government: Question 110 of 161

Which feature of the federal government is specifically described in the United States
Constitution?

1. president’s cabinet
2. two-party political system
3. congressional committee system
4. Senate approval of nominations to the Supreme Court

Correct Answer Number: 4

Explanation:

Formation of Government: Question 111 of 161

“. . . Congress shall have power . . . to make all Laws which shall be necessary and
proper for carrying into Execution the foregoing Powers, and all other Powers vested
by this Constitution in the Government of the United States. . . .” This statement from
the United States Constitution is the source of

1. veto power
2. implied powers
3. judicial review
4. states’ rights

Correct Answer Number: 2

Explanation:

Formation of Government: Question 112 of 161

The basic purpose of the first ten amendments to the United States Constitution is to

1. describe the powers of the three branches of government


2. limit the powers of state governments
3. guarantee the rights of individuals
4. establish a system of checks and balances

Correct Answer Number: 3

Explanation:
Formation of Government: Question 113 of 161

The United States Constitution corrected a weakness of the Articles of Confederation


by

1. creating three branches of government


2. giving greater power to state governments
3. providing a clear definition of states’ rights
4. granting the right to vote to all white males

Correct Answer Number: 1

Explanation:

Formation of Government: Question 114 of 161

A significant compromise reached at the Constitutional Convention of 1787 was the


agreement to

1. exclude slaves from census counts


2. forbid tariffs on imports
3. establish a bicameral legislature
4. limit the number of terms a president could serve

Correct Answer Number: 3

Explanation:

Formation of Government: Question 115 of 161

Which group had the most influence on the ideas stated in the Declaration of
Independence and United States Constitution?

1. political leaders of Spain and Portugal


2. religious leaders of the medieval period
3. writers of the Renaissance
4. philosophers of the Enlightenment

Correct Answer Number: 4


Explanation:

Formation of Government: Question 116 of 161

The writers of the United States Constitution included the requirement for a census
every ten years primarily to

1. regulate numbers of immigrants


2. determine representation in Congress
3. decide when new states were needed
4. set goals for population growth

Correct Answer Number: 2

Explanation:

Formation of Government: Question 117 of 161

Which newspaper headline shows the operation of the system of checks and
balances?

1. “Senate Rejects President’s Choice of Supreme Court Justice”


2. “Florida To Gain Two Seats in the United States House of Representatives”
3. “Albany County Receives $4 Million from Congress for Transportation
Development”
4. “New York State Rejects Federal Regulations on Drug Testing”

Correct Answer Number: 1

Explanation:

Formation of Government: Question 118 of 161

The change to the direct election of senators, the lowering of the voting age to
eighteen, and the establishment of a two-term limit for presidents are all examples of
the use of

1. judicial review
2. checks and balances
3. executive privilege
4. the amendment process

Correct Answer Number: 4

Explanation:

Formation of Government: Question 119 of 161

One reason the United States Constitution is considered a flexible document is that it

1. can be rewritten every ten years


2. allows for the creation of a multiparty political system
3. gives the states the power to change federal laws
4. includes the elastic clause

Correct Answer Number: 4

Explanation:

Formation of Government: Question 120 of 161

Which statement best describes governmental power under the Articles of


Confederation?

1. Power was shared equally by the central government and the states.
2. A balance of power existed between the three branches of the central
government.
3. A strong chief executive headed a unified central government.
4. The states had much greater power than the central government.

Correct Answer Number: 4

Explanation:

Formation of Government: Question 121 of 161

The Northwest Ordinance of 1787 was important because it


1. ensured universal suffrage for all males
2. extended slavery north of the Ohio River
3. provided a process for admission of new states to the Union
4. established reservations for Native American Indians

Correct Answer Number: 3

Explanation:

Formation of Government: Question 122 of 161

At the Constitutional Convention of 1787, the Great Compromise resolved the issue
of

1. representation
2. taxation
3. slavery
4. control of trade

Correct Answer Number: 1

Explanation:

Formation of Government: Question 123 of 161

The Federalist Papers were published in 1787 and 1788 to help gain support for

1. a bill of rights
2. the ratification of the Constitution
3. a weaker central government
4. the abolition of slavery and the slave trade

Correct Answer Number: 2

Explanation:

Formation of Government: Question 124 of 161


A republican form of government is described as one in which

1. there is a two-party system


2. representatives are elected by the people
3. elected officials have limited terms
4. government power is limited by checks and balances

Correct Answer Number: 2

Explanation:

Formation of Government: Question 125 of 161

The due process clause in the 5th Amendment and the right to an attorney in the 6th
Amendment were designed to

1. protect freedom of expression


2. assure that laws are properly enacted
3. ensure fair treatment for those accused of crimes
4. provide for judicial review of laws

Correct Answer Number: 3

Explanation:

Formation of Government: Question 126 of 161

• Congress proposes an amendment legalizing an income tax. • The Supreme Court


rules that the income tax is unconstitutional. These events illustrate the use of

1. delegated powers
2. checks and balances
3. judicial legislation
4. the unwritten constitution

Correct Answer Number: 2

Explanation:
Formation of Government: Question 127 of 161

What is the main idea of this cartoon?

1. Americans fail to adequately support the expenses of political candidates.


2. Campaign advertising has no influence on voter turnout.
3. Campaign costs are a major cause of the national debt.
4. High campaign costs negatively affect the political process.

Correct Answer Number: 4

Explanation:

Formation of Government: Question 128 of 161

The main criticism of the Articles of Confederation was that they failed to

1. allow for the admission of new states


2. limit the powers of the president
3. provide adequate powers for the central government
4. prevent the development of military rule

Correct Answer Number: 3

Explanation:

Formation of Government: Question 129 of 161

Which information on the writing of the Constitution is considered a primary source?

1. a newspaper editorial written in 1887


2. an encyclopedia article on the Constitution
3. the book, An Economic Interpretation of the Constitution, by Charles Beard
4. notes from the Constitutional Convention taken by James Madison

Correct Answer Number: 4


Explanation:

Formation of Government: Question 130 of 161

To avoid having too much power concentrated in one branch of government, the
framers of the Constitution established

1. a bicameral national legislature


2. division of power among different levels of government
3. the system of two political parties
4. the system of checks and balances

Correct Answer Number: 4

Explanation:

Formation of Government: Question 131 of 161

Congress established a minimum wage for workers and regulations on radio


broadcasts by combining its delegated power to regulate interstate commerce with the

1. sanctity of contract clause


2. due process clause
3. elastic clause
4. writ of habeas corpus clause

Correct Answer Number: 3

Explanation:

Formation of Government: Question 132 of 161

Which concept found in the United States Constitution was a belief held by the social
contract philosophers of the Enlightenment period?

1. presidential cabinet
2. judicial review
3. limited monarchy
4. sovereignty of the people

Correct Answer Number: 4

Explanation:

Formation of Government: Question 133 of 161

To the Honorable Senate and House of Representatives in Congress Assembled, We


the undersigned, citizens of the United States, but deprived of some of the privileges
and immunities of citizens among which, is the right to vote, beg leave to submit the
following resolution: Resolved; that we the officers and members of the National
Woman Suffrage Association, in convention assembled, respectfully ask Congress to
enact appropriate legislation during its present session to protect women citizens in
the several states of this Union, in their right to vote. — Susan B. Anthony, Matilda
Joslyn Gage, and Elizabeth Cady Stanton (1873) Source: National Archives and
Records Administration This resolution illustrates the constitutional right to

1. petition for redress of grievances


2. protection against unreasonable search and seizure
3. a speedy and public trial
4. freedom of religion

Correct Answer Number: 1

Explanation:

Formation of Government: Question 134 of 161

“New Congress to Have Two Houses” “Slaves to Count as Three-Fifths of a Person”


“President to be Chosen by Electoral Vote” Which conclusion about the
Constitutional Convention is best supported by these headlines?

1. The framers of the Constitution were able to compromise on important issues.


2. States that were small in area would lose power in the new Constitution.
3. States with large populations controlled the outcome of the convention.
4. The president and Congress would have equal power under the new
constitution.

Correct Answer Number: 1


Explanation:

Formation of Government: Question 135 of 161

Which power is shared by the federal government and the New York State
government?

1. enacting immigration laws


2. levying taxes
3. granting patents and copyrights
4. issuing passports

Correct Answer Number: 2

Explanation:

Formation of Government: Question 136 of 161

The unwritten constitution is best defined as the

1. amendments to the United States Constitution


2. powers that the Constitution reserves for the states
3. powers that the Constitution denies to Congress and to the states
4. practices of the government that are based on custom and tradition

Correct Answer Number: 4

Explanation:

Formation of Government: Question 137 of 161

“The Congress shall have Power . . . To make all Laws which shall be necessary and
proper for carrying into Execution the foregoing Powers, and all other Powers vested
[granted] by this Constitution in the Government of the United States, or in any
Department or Officer thereof. . . .” This section of the United States Constitution
was frequently used during the 20th century to

1. expand federal control of interstate commerce


2. reduce the number of federal courts
3. overturn decisions of the electoral college
4. impeach the president

Correct Answer Number: 1

Explanation:

Formation of Government: Question 138 of 161

New York State and the United States have republican forms of government because
both have

1. a bill of rights
2. a written constitution
3. an elected legislature
4. three branches of government

Correct Answer Number: 3

Explanation:

Formation of Government: Question 139 of 161

In writing the Declaration of Independence, Thomas Jefferson was influenced most


by John Locke’s idea of

1. due process of law


2. natural rights
3. the rights of the accused
4. the right to privacy

Correct Answer Number: 2

Explanation:

Formation of Government: Question 140 of 161

During the Constitutional Convention of 1787, the plans for Congress proposed by
delegates from New Jersey and Virginia differed mainly over the issue of

1. life terms of office or short terms of office


2. appointed legislators or elected legislators
3. equal state representation or proportionate state representation
4. power to check other branches or power limited to lawmaking

Correct Answer Number: 3

Explanation:

Formation of Government: Question 141 of 161

Which governmental action illustrates the system of checks and balances?

1. a senator helping a governor solve a state problem


2. the president negotiating a trade agreement with foreign diplomats
3. the Senate ratifying a peace treaty
4. Congress raising taxes to pay for federal programs

Correct Answer Number: 3

Explanation:

Formation of Government: Question 142 of 161

A major criticism of the electoral college system has been that

1. party loyalty is weakened after a presidential election


2. electors frequently fail to vote for a candidate
3. members of the electoral college are appointed for life terms
4. a president may be elected without receiving the majority of the popular vote

Correct Answer Number: 4

Explanation:

Formation of Government: Question 143 of 161


Which feature must a nation have to be considered a democracy?

1. a strong president
2. citizen participation in government
3. elected judges to conduct trials
4. a set of laws

Correct Answer Number: 2

Explanation:

Formation of Government: Question 144 of 161

The Supreme Court has the power to

1. control the federal budget


2. vote to end a tie in the Senate
3. approve presidential appointments
4. interpret the Constitution

Correct Answer Number: 4

Explanation:

Formation of Government: Question 145 of 161

The principles of government that Thomas Jefferson included in the Declaration of


Independence were most influenced by

1. John Locke’s social contract theory


2. Adam Smith’s ideas of free enterprise
3. Louis XIV’s belief in divine right
4. William Penn’s views on religious toleration

Correct Answer Number: 1

Explanation:

Formation of Government: Question 146 of 161


The necessary and proper clause, the amendment process, and the unwritten
constitution are evidence that our constitutional system of government provides for

1. popular sovereignty
2. equal representation
3. flexibility
4. ratification

Correct Answer Number: 3

Explanation:

Formation of Government: Question 147 of 161

One similarity between the Declaration of Independence and the Bill of Rights is that
both documents

1. provide for a government with three separate branches


2. discuss colonial grievances against the monarchy
3. stress the importance of individual liberty
4. criticize the practice of slavery

Correct Answer Number: 3

Explanation:

Formation of Government: Question 148 of 161

I.____________________________________

A. Representation
B. Slave trade
C. Taxation
D. Election of the president

Which heading best completes the partial outline below?

1. Causes of the Revolutionary War


2. Provisions of the Treaty of Paris, 1783
3. Protections under the 10th Amendment
4. Compromises at the Constitutional Convention

Correct Answer Number: 4

Explanation:

Formation of Government: Question 149 of 161

French Enlightenment philosopher Baron De Montesquieu praised the British


political system because it divided the power of government between the monarch
and the two houses of Parliament. Which principle included in the United States
Constitution shows that the framers agreed with Montesquieu?

1. separation of powers
2. federal supremacy
3. implied powers
4. due process

Correct Answer Number: 1

Explanation:

Formation of Government: Question 150 of 161

Which statement is an example of the system of federalism?

1. Cabinet members are appointed by the president.


2. Revenue bills must begin in the House of Representatives.
3. The national government coins money, but states cannot.
4. The president can negotiate treaties, but the Senate has the power to ratify
them.

Correct Answer Number: 3

Explanation:

Formation of Government: Question 151 of 161


The first amendment of the Constitution deals primarily with

1. states’ rights
2. property rights
3. rights of the accused
4. rights of self-expression

Correct Answer Number: 4

Explanation:

Formation of Government: Question 152 of 161

At the Constitutional Convention of 1787, which problem was solved by the Great
Compromise?

1. developing the method of electing a president


2. designating control of interstate commerce
3. outlining the structure of the federal court system
4. establishing the formula for representation in Congress

Correct Answer Number: 4

Explanation:

Formation of Government: Question 153 of 161

In the United States Constitution, the power to impeach a federal government official
is given to the

1. House of Representatives
2. president
3. state legislatures
4. Supreme Court

Correct Answer Number: 1

Explanation:
Formation of Government: Question 154 of 161

In order to win ratification of the United States Constitution, supporters agreed to

1. add a bill of rights


2. admit new states to the Union
3. establish an electoral college
4. give the Senate the power to ratify treaties

Correct Answer Number: 1

Explanation:

Formation of Government: Question 155 of 161

Which statement is accurate about congressional bills vetoed between 1961 and
1993?

1. Congress was usually able to override a presidential veto.


2. Pocket vetoes were used more often than regular vetoes.
3. The majority of presidential vetoes were upheld.
4. The use of the veto increased steadily between 1961 and 1993.

Correct Answer Number: 3

Explanation:

Formation of Government: Question 156 of 161

The data in the table illustrate the operation of

1. executive privilege
2. checks and balances
3. congressional immunity
4. federal supremacy

Correct Answer Number: 2

Explanation:

Formation of Government: Question 157 of 161

One accomplishment of the national government under the Articles of Confederation


was the passage of legislation establishing

1. a central banking system


2. a process for admitting new states to the Union
3. the president’s right to put down rebellions
4. the ability of Congress to tax the states effectively

Correct Answer Number: 2

Explanation:

Formation of Government: Question 158 of 161

Disagreement at the Constitutional Convention of 1787 over the Virginia and New
Jersey plans was resolved by a compromise that

1. guaranteed continuation of the slave trade for at least twenty more years
2. limited the power of the federal government to wage war
3. provided for construction of a new national capital in the south
4. created a Congress made up of a Senate and a House of Representatives

Correct Answer Number: 4

Explanation:

Formation of Government: Question 159 of 161

"Presidential Candidates Skip Campaigning in Low- Population States”; “Winner Of


Popular Vote Loses Election” These headlines refer to controversial issues most
directly related to
1. judicial review
2. the electoral college
3. impeachment
4. checks and balances

Correct Answer Number: 2

Explanation:

Formation of Government: Question 160 of 161

“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 United
States

1. remained neutral during domestic conflicts involving the states


2. supported the right of each state to resist presidential decisions
3. provided for the common defense of every state
4. approved a bill of rights to protect citizens from government tyranny

Correct Answer Number: 3

Explanation:

Formation of Government: Question 161 of 161

An example of the use of the unwritten constitution is the creation of the

1. presidential veto
2. United States Navy
3. federal postal system
4. president’s cabinet

Correct Answer Number: 4

Explanation:
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