Module 3

Question 1

Which of these statements is correct about Congress’s oversight authority? Select the one correct answer.

• Oversight is specifically mentioned in Article I, Section 8.
• Oversight is largely ineffective, because Congress lacks any authority over the executive branch.
• Oversight is not a specifically enumerated power, but rather is implied in Article I.
• Oversight is limited to its power of impeachment.

Answer 1

Oversight is not a specifically enumerated power, but rather is implied in Article I.

Correct. There is no specific “power of oversight” written into the Constitution, but it is implied in many constitutional provisions, including Congress’s power of the purse, advice and consent, and the power of impeachment.

Question 2

Which of these is an example of Congress exercising its power under the Commerce Clause? Select the one correct answer.

• Requiring that bus lines serve all customers equally
• Prohibiting the presence of guns in school zones
• Regulating the working conditions and hours of minors employed in factories
• Establishing uniform standards for restaurant sanitation and hygiene

Answer 2

Requiring that bus lines serve all customers equally

Correct. Bus lines serve interstate commerce, which can be regulated by Congress

Question 3

Which of these is a true statement concerning federal income tax? Select the one correct answer.

• Federal income tax was constitutionally authorized by Congress’s Article I powers.
• Federal income tax has always been the federal government’s primary source of revenue.
• Federal income tax required the ratification of a constitutional amendment, after the Supreme Court ruled that a previous attempt to tax income was unconstitutional.
• Federal income tax is equally applied to all taxpayers at a “flat” tax rate.

Answer 3

Federal income tax required the ratification of a constitutional amendment, after the Supreme Court ruled that a previous attempt to tax income was unconstitutional

Correct. Since previous congressional attempts to tax income were not “apportioned,” the Supreme Court ruled they were unconstitutional. The Sixteenth Amendment to the Constitution permitted Congress to tax income without regard to apportionment.

Question 4

What is the major difference between congressional budget committees and appropriations committees? Select the one correct answer.

• While the president may veto individual sections of appropriations bills, he may not veto budget resolutions.
• There is no difference; these are just different names for the same committees.
• While the budget committees set overall spending limits, the appropriation committees are responsible for recommending specific allocations of funds.
• The congressional budget committees are less powerful because the president, not the Congress, has ultimate control over the federal budget.

Answer 4

While the budget committees set overall spending limits, the appropriation committees are responsible for recommending specific allocations of funds.

Correct. The Appropriations process allocates specific funds, or specific spending authority, while the budget process is concerned with the “big picture.”

Question 5

How has the Constitution’s Interstate Commerce Clause been interpreted? Select the one correct answer.

• As giving Congress the authority to regulate trade with foreign nations
• Very narrowly, giving Congress power to stop states from charging fees to other states, but not much else
• As granting the early 19th century Congress the power to outlaw the slave trade
• Very broadly, forming the justification for much of Congress’s modern-day economic regulation

Answer 5

Very broadly, forming the justification for much of Congress’s modern-day economic regulation

Correct. Congress has relied on the Interstate Commerce Clause as support for its authority to pass such economic legislation as minimum wage laws.

Question 6

Under the Constitution, who has the power related to war and peace? Select the one correct answer.

• The power over war and peace is exercised solely by the president
• The power over war and peace is shared by the president and both houses of Congress
• The power over war and peace is exercised solely by Congress
• The power over war and peace is shared by the president and the Senate.

Answer 6

The power over war and peace is shared by the president and both houses of Congress

Correct. Both houses of Congress are involved in the decision to “declare war,” but the Constitution makes the president the commander-in-chief of the armed forces.

Question 7

What is impeachment? Select the one correct answer.

• Impeachment is something that has never happened to a U.S. president.
• Impeachment is a formal accusation of treason, bribery or other “high crime or misdemeanor” made by the House before a trial is held in the Senate.
• Impeachment is removal from office as a result of a formal accusation by the Senate.
• Impeachment is a “check” that any of the three branches of government may use to restrain an abuse of power in any of the other branches.

Answer 7

Impeachment is a formal accusation of treason, bribery or other “high crime or misdemeanor” made by the House before a trial is held in the Senate.

Correct. Impeachment is a formal accusation made by the House of Representatives, and precedes a trial in the Senate.

Question 8

Which of these most accurately describes checks and balances? Select the one correct answer.

• Each branch of government has an absolute right to stop the others from taking any action.
• Each branch can restrain the others through a system of shared powers.
• The states and the federal government have different areas of responsibilities, and neither should intrude on the other.
• No branch of government will ever be more powerful than the others.

Answer 8

Each branch can restrain the others through a system of shared powers.

Correct. The Constitution is a system of shared powers. Congress can pass legislation, but the president has the right to veto that legislation. The president may appoint federal judges, but the Senate is required to give its advice and consent.

Question 9

Which of the following enumerated powers of Congress are generally regarded as responses to the weaknesses of the national legislature under the Articles of Confederation? Select all that apply.

• exclusive power to coin money
• power to regulate commerce
• power to construct and maintain interstate highways
• power to regulate banks

Answer 9

• exclusive power to coin money
• power to regulate commerce

Correct. These enumerated powers responded to the criticism that the national government under the Articles could not intervene to promote and support trade within the nation and that it could not establish common currency.

Question 10

The oversight power of Congress is a form of ? judicial enumerated power.

Answer 10

implied

Question 11

Enumerated powers

Answer 11

Enumerated powers are in the text of the Constitution.

Question 12

Implied powers

Answer 12

Implied powers are based on the text of the Constitution.

Question 13

Inherent powers

Answer 13

Inherent powers are outside the text of the Constitution.

Question 14

Which of these functions do congressional committees serve? Select the one correct answer.

• Congressional committees ensure that all voices are heard on bills, as committee seats are usually evenly divided between the parties.
• Congressional committees save Congress time because a finance bill only needs to be approved by the Finance Committee and not the whole chamber.
• Congressional committees fulfill a constitutional requirement that Congress divide itself into committees.
• Congressional committees allow members of Congress to become experts on selected matters by concentrating their work on a few committees.

Answer 14

Congressional committees allow members of Congress to become experts on selected matters by concentrating their work on a few committees.

Correct. Members of Congress will usually focus their work on committees that are of interest to their constituents.

Question 15

What is a key role of standing committees in the House and the Senate? Select the one correct answer.

• To appropriate money for various projects
• To confirm the nominations of the president
• To guarantee input from the minority party
• To give a detailed hearing to all proposed legislation

Answer 15

To give a detailed hearing to all proposed legislation

Correct. The committees provide a necessary division of labor for both houses of Congress.

Question 16

Which of these statements describes one major different between a joint committee and a conference committee? Select the one correct answer.

• Conference committees are usually created by statutes, while joint committees are usually created by the rules of the House and Senate.
• A conference committee meets to consider one specific piece of legislation that has been passed in different forms in the two houses; a joint committee can be permanent.
• A joint committee has members of both houses serving on it; a conference committee does not.
• The name only. They are simply different terms used to describe the same thing.

Answer 16

A conference committee meets to consider one specific piece of legislation that has been passed in different forms in the two houses; a joint committee can be permanent.

Correct. A conference committee has one purpose only—to unify competing versions of a bill that has passed both houses of Congress.

Question 17

Which of these statements describes a key difference between the House Rules Committee and the Senate Rules Committee? Select the one correct answer.

• The Senate Rules Committee is a select committee, while the House Rules Committee is a standing committee.
• The House Rules Committee has the power to vote a piece of legislation down, but the Senate Rules Committee does not.
• The Rules Committee in the House typically limits debate, but the Rules Committee in the Senate does not.
• The Senate Rules Committee is more powerful because the Senate is governed by standing rules.

Answer 17

The Rules Committee in the House typically limits debate, but the Rules Committee in the Senate does not.

Correct. Unlike the House of Representatives, the Senate operates on the principle of unlimited debate taking away the ability of the Senate Rules Committee to automatically limit debate like the House Rules Committee does.

Question 18

What happens when the president vetoes a piece of legislation? Select the one correct answer.

• The bill is dead. The president’s veto is an absolute barrier to the bill becoming law.
• It will usually be overridden if the opposing party has the majority of seats in Congress.
• The president must send the bill back to the originating house, which must then draft legislation addressing the president’s concerns.
• The president must send the bill back to the originating house with his objections to it. The bill will only become law if both houses vote to override by a two-thirds vote.

Answer 18

The president must send the bill back to the originating house with his objections to it. The bill will only become law if both houses vote to override by a two-thirds vote.

Correct. This procedure is mandated by the Constitution. If either house fails to override the veto by a two-thirds super-majority, the bill is dead.

Question 19

Which of these is the most accurate statement about the process of a bill’s becoming a law? Select the one correct answer.

• The process is exactly the same in the Senate and the House.
• The process is complex and full of steps, at any of which a bill may die and have to begin the process again.
• The process requires the approval of the Supreme Court, which must confirm that the bill is constitutional.
• The process is dependent on the Congress alone.

Answer 19

The process is complex and full of steps, at any of which a bill may die and have to begin the process again.

Correct. The process is purposefully long and complex. A bill might die in committee or on the house floor, or due to a senate filibuster, or a presidential veto.

Question 20

Which of these statements is correct about the Senate? Select the one correct answer.

• The Senate has a tradition of unlimited debate that is absolute. A filibustering senator has the absolute right to the floor.
• The Senate has a tradition of unlimited debate that can only be overcome by a majority vote.
• The Senate has a tradition of unlimited debate that can only be overcome by super-majority votes.
• The Senate has a Rules Committee that can set aside the Senate’s standing rules for a specific debate.

Answer 20

The Senate has a tradition of unlimited debate that can only be overcome by super-majority votes.

Correct. The Senate does have a tradition of unlimited debate, that can be overcome by cloture – a procedure that requires a 3/5 super-majority.

Question 21

What gives a bill a better chance of becoming law? Select the one correct answer.

• A bill has a a better chance of becoming law if it is sent to a conference committee.
• A bill has a a better chance of becoming law if it has support from the minority party.
• A bill has a a better chance of becoming law if it is a good bill.
• A bill has a a better chance of becoming law if it receives a favorable report and vote from committees in the House and Senate.

Answer 21

A bill has a a better chance of becoming law if it receives a favorable report and vote from committees in the House and Senate.

Correct. Since most bills die in committee, being reported out of committee is a critical step towards eventual passage.

Question 22

What is essential for a bill to become a law? Select the one correct answer.

• To become a law, it is essential for a bill to get a favorable report and vote from a House committee.
• To become a law, it is essential for a bill to have the support of the majority and minority leaders in the Senate.
• To become a law, it is essential for a bill to pass both the House and the Senate in identical form.
• To become a law, it is essential for a bill to be supported by the President.

Answer 22

To become a law, it is essential for a bill to pass both the House and the Senate in identical form.

Correct. All legislation must pass both houses of Congress in exactly the same form before proceeding to the president to be signed (or rarely, vetoed)

Question 23

Where are most bills prevented from becoming laws? Select the one correct answer.

• In the committees of the House and Senate
• By presidential veto
• By a negative vote in either the House of Representatives or the Senate
• Being overturned by the Supreme Court

Answer 23

In the committees of the House and Senate

Correct. The majority of bills die in committees as opposed to in any other part of the legislative process.

Question 24

What is a key difference between standing committees and select committees? Select the one correct answer.

• Standing committees are very specialized, and select committees deal with broad issues.
• Standing committees continue from one session of Congress to the next, whereas select committees are temporary.
• Select committees have an equal number of Democrats and Republicans.
• Standing committees are in the House of Representatives, and select committees are in the Senate.

Answer 24

Standing committees continue from one session of Congress to the next, whereas select committees are temporary.

Correct. Standing committees are relatively permanent committees that continue on through multiple sessions of Congress, some for over 200 years, while select committees can have a very short life.

Question 25

What is the purpose of a conference committee? Select the one correct answer. * A conference committee is convened to work out a deal between the Senate and the president. * A conference committee is convened to resolve differences in bills from the House of Representatives and the Senate. * A conference committee is convened to resolve discrepancies between tax income and spending, involving the appropriations committee and the tax committee. * A conference committee is convened to deal with subjects that committees from both chambers have an interest in.

Answer 25

A conference committee is convened to resolve differences in bills from the House of Representatives and the Senate. Correct. The conference committee is designed to create a compromise that would be acceptable to majorities in both the House and the Senate.

Question 26

What is a key role of the appropriations committees in the House of Representatives and the Senate? Select the one correct answer. * One key role of the appropriations committees in the House of Representatives and the Senate is to provide cost estimates for government programs * One key role of the appropriations committees in the House of Representatives and the Senate is to provide funding for specific projects, agencies, or programs in proposed legislation * One key role of the appropriations committees in the House of Representatives and the Senate is to decide which private real estate will be appropriated for national activities * One key role of the appropriations committees in the House of Representatives and the Senate is to provide estimates of how much money is available for Congress to spend

Answer 26

One key role of the appropriations committees in the House of Representatives and the Senate is to provide funding for specific projects, agencies, or programs in proposed legislation Correct. All bills that require the expenditure of funds have to go through and be approved in the appropriations committee which sets the level of spending that is authorized.

Question 27

What is gerrymandering? Select the one correct answer. * Gerrymandering is a term used for falsifying vote totals to ensure the election of a party or candidate. * Gerrymandering is an effort to suppress the vote for the opposition party by limiting voting hours. * Gerrymandering means drawing electoral boundaries to favor a particular political party or group. * Gerrymandering means targeting election advertisements for a particular area of a district or state.

Answer 27

Gerrymandering means drawing electoral boundaries to favor a particular political party or group. Correct. State legislatures frequently draw the boundaries to give the majority party an unfair advantage.

Question 28

What is the Constitutional importance of the census for Congress? Select the one correct answer. * The census identifies areas likely to vote Democratic or Republican. * The census is used to calculate the number of registered voters for purposes of legislative representation. * The census provides useful information on which areas of the country need which kinds of programs. * The census provides population figures for the apportionment of seats in the House of Representatives.

Answer 28

The census provides population figures for the apportionment of seats in the House of Representatives. Correct. The Constitution requires a census of people so that seats can be apportioned in the House of Representatives.

Question 29

How has redistricting after the census affected the makeup of the House of Representatives? Select the one correct answer. * Redistricting has permitted national parties to exert more control over members of the House of Representatives. * Redistricting has had virtually no effect on the makeup of House of Representatives. * Redistricting permits state legislatures to redraw boundaries to favor the majority party leading to changes in the makeup of the House of Representatives. * Redistricting has favored states with more registered voters giving greater representation to wealthier portions of the population.

Answer 29

Redistricting permits state legislatures to redraw boundaries to favor the majority party leading to changes in the makeup of the House of Representatives. Correct. Gerrymandering to the advantage of the majority party in state legislatures has been effective in influencing the makeup of the House of Representatives.

Question 30

Which of these statements best describes the ruling of the Supreme Court on the issue of statistical sampling during a census? Select the one correct answer. * The Supreme Court permitted statistical sampling, noting the difficulties of counting over 300 million people. * The Supreme Court ruled that census procedures were up to the individual states, not the federal government. * The Supreme Court permitted statistical sampling as long as the government presented evidence that certain identifiable groups were under-counted. * The Supreme Court disallowed statistical sampling, saying that the Constitution requires an “actual enumeration.”

Answer 30

The Supreme Court disallowed statistical sampling, saying that the Constitution requires an “actual enumeration.” Correct. The Constitutional language requires an “actual enumeration,” which, according to the Supreme Court, means that people must actually be counted.

Question 31

Which of these statements is most accurate about the creation of majority-minority districts? Select the one correct answer. * Majority-minority districts always benefit minority voters since it allows them to choose a minority representative. * Majority-minority districts are unconstitutional because race cannot be taken into account in redistricting. * Majority-minority districts can lead to the election of minority candidates in some districts, but often this is at the expense of diluting minority-vote strength in other districts. * Majority-minority districts are required by the 1965 Voting Rights Act.

Answer 31

Majority-minority districts can lead to the election of minority candidates in some districts, but often this is at the expense of diluting minority-vote strength in other districts. Correct. Drawing districts to create a majority-minority district often can only be done by diluting minority voting strength in neighboring districts.

Question 32

What was the ruling in the Supreme Court case *Miller v. Johnson*? Select the one correct answer. * The ruling was that race may not be the “dominant and controlling” motivation in redistricting. * The ruling was that deliberate creation of majority-minority districts is unconstitutional. * The ruling was that race may not be taken into account in redistricting. * The ruling was that the 1965 Voting Rights Act is unconstitutional.

Answer 32

The ruling was that race may not be the “dominant and controlling” motivation in redistricting. Correct. The Court said that race could be taken into consideration, but that districts could not be drawn with only race in mind.

Question 33

Which of these correctly describes the process of redistricting? Select the one correct answer. * Redistricting is a straightforward process that has engendered little controversy. * Redistricting is completely in the hands of individual state legislatures, who may draw lines however they please. * Redistricting is the sole responsibility of the U.S. Congress. * Redistricting is a complex process that is subject to constitutional restraints.

Answer 33

Redistricting is a complex process that is subject to constitutional restraints. Correct. The Supreme Court has said that redistricting lines cannot be drawn based solely on race, and must be drawn to reflect the principle of “one person, one vote.”

Question 34

Why is the census an important factor in American politics? Select the one correct answer. * The census determines how many seats each state will get in both the House of Representatives and the Senate. * The census gives the Census Bureau a chance to refine and improve its “sampling” techniques, to get a more accurate count of the actual population. * The census determines how many seats each state will get in the House of Representatives, and consequently, how many votes each state will get in the Electoral College. * Under the Constitution, the income tax must be “apportioned,” or distributed proportionally, among the states, based on the census.

Answer 34

The census determines how many seats each state will get in the House of Representatives, and consequently, how many votes each state will get in the Electoral College. Correct. A state’s number of representatives – and consequently, its number of electoral votes – is determined by its population.

Question 35

For what reason were majority-minority districts created? Select the one correct answer. * Majority-minority districts were created to guarantee representation for the minority party. * Majority-minority districts were created to avoid gerrymanders that diluted the voting power of minorities. * Majority-minority districts were created to make districts as representative as possible. * Majority-minority districts were created to dilute the voting power of minorities.

Answer 35

Majority-minority districts were created to avoid gerrymanders that diluted the voting power of minorities. Correct. Gerrymanders in the past have been used to discriminate against minorities and to prevent them from electing members of their own group to public office.

Question 36

What is one goal for the use of gerrymanders? Select the one correct answer. * Gerrymanders ensure equal representation for parties. * Gerrymandering is a technique used only by the Democratic Party. * Gerrymanders give effective vetoes to the minority party in state legislatures. * Gerrymanders dilute the power of the minority party by concentrating supporters in one or a few districts.

Answer 36

Gerrymanders dilute the power of the minority party by concentrating supporters in one or a few districts. Correct. If supporters of the minority party are concentrated in one or a few districts, they can win those seats while the majority party will win all the other races.

Question 37

What determines the number of members in the House of Representatives? Select the one correct answer. * The number is determined by law. * The number is determined by Presidential executive order. * The number is determined by the Constitution. * The number is determined by the census.

Answer 37

The number is determined by law. Correct. In 1913 the number of Representatives was fixed by law at 435

Question 38

How does the census affect the apportionment of seats in the House of Representatives? Select the one correct answer. * Due to changes in population, some states gain seats and other states lose seats. * It has no effect since Congress has increased the seats to maintain its states’ number of Representatives. * It has no effect since the census is designed only to provide facts for government programs. * It means that the number of citizens determines the number of Representatives.

Answer 38

Due to changes in population, some states gain seats and other states lose seats. Correct. The census requires that seats be apportioned among the states based on population which does change every decade

Question 39

Which statement is the most accurate concerning the need for states to draw new district boundaries after each census? Select the one correct answer. * Almost all states have to redraw boundaries since each Congressional district must have approximately an equal number of people. * States may draw new boundaries, but they are not required to do so. * States control how members of the House of Representatives are elected independently of court decisions or the national government. * Only states that gain or lose in terms of the number of representatives have to draw new boundaries to accommodate the change.

Answer 39

Almost all states have to redraw boundaries since each Congressional district must have approximately an equal number of people. Correct. Boundaries will usually have to be redrawn so that populations in districts are approximately equal so that everyone’s vote carries the same weight.

Question 40

Who argued for the creation of a very powerful presidency? Select the one correct answer. * Alexander Hamilton * The creators of The Virginia Plan * James Madison * The creators of The New Jersey Plan

Answer 40

Alexander Hamilton Correct. Hamilton wanted a very strong president who would serve for life, once elected.

Question 41

How many terms in office can a president serve? Select the one correct answer. * There is no formal limit, but George Washington established the principle that no president should serve more than two full terms, which has been followed. * A president can serve only one full term but can complete a predessor's term if it ends unexpectedly, moving the new president up from the vice president role. * A president can serve only two terms in office. * A president can be re-elected for as many terms as the voters continue to provide their support and their votes.

Answer 41

A president can serve only two terms in office. Correct. The Twenty-Second Amendment limits any individual to two terms in office as president.

Question 42

Why was the Twenty-Second Amendment proposed by Congress and ratified by the states, limiting the president to two terms in office? Select the one correct answer. * The Presidency was becoming too weak. * The Supreme Court ruled against an effort by Congress to limit the president to two terms. * A number of presidents had attempted to serve more than two terms in the 1800s. * Franklin D. Roosevelt won four consecutive terms, violating the principle established by George Washington of serving only two terms.

Answer 42

Franklin D. Roosevelt won four consecutive terms, violating the principle established by George Washington of serving only two terms. Correct. Many people were unhappy with the fact that Roosevelt ran for four terms and was elected four times, setting a bad precedent for the future.

Question 43

How far did the efforts go to remove Andrew Johnson from the office of the presidency? Select the one correct answer. * The House of Representatives voted articles of impeachment which led to Johnson resigning as president. * The House of Representatives voted in favor of articles of impeachment and Andrew Johnson was removed from office by a two-thirds vote in the Senate. * The House of Representatives voted articles of impeachment, but the Senate did not vote to remove Johnson from office by the necessary two-thirds majority. * The House of Representatives considered articles of impeachment but a majority did not vote in favor of any of these articles.

Answer 43

The House of Representatives voted articles of impeachment, but the Senate did not vote to remove Johnson from office by the necessary two-thirds majority. Correct. Johnson was impeached, but the Senate did not muster enough votes to remove him from office.

Question 44

Why do presidents give a State of the Union message? Select the one correct answer. * The message is required by the Constitution. * The president is not required to give the message but chooses to do so since it is a great opportunity to present proposals and ideas to the public. * The message is required by an Act of Congress. * George Washington gave such a message and the tradition was followed.

Answer 44

The message is required by the Constitution. Correct. The Constitution requires that the president report to Congress on the state of the union from time to time and make recommendations to Congress.

Question 45

What are the principal topics of a presidential State of the Union address? Select the one correct answer. * A focus on domestic affairs only * A discussion of past achievements only * A focus on foreign policy and military affairs * A discussion of past achievements and an agenda for the future

Answer 45

A discussion of past achievements and an agenda for the future Correct. Presidents present their plans for the future and the goals they hope to achieve and invariably highlight what they see as past accomplishments.

Question 46

How did President Polk bring about a war with Mexico? Select the one correct answer. * President Polk issued an ultimatum to Mexico in his role of chief diplomat. * President Polk broke off diplomatic relations with Mexico. * President Polk ordered American troops to occupy disputed territory in his capacity of commander-in-chief. * President Polk used economic pressure in his role of chief diplomat.

Answer 46

President Polk ordered American troops to occupy disputed territory in his capacity of commander-in-chief. Correct. This was the method that he used to create a military confrontation in which Mexico could be blamed for starting the war.

Question 47

Why did Andrew Jackson veto Congressional legislation? Select the one correct answer. * Andrew Jackson wanted to maintain freedom of action as chief diplomat. * Andrew Jackson wanted to defend the executive branch against Congressional efforts to control the presidency. * Andrew Jackson disagreed with the content of the legislation. * Andrew Jackson wanted to avoid putting government money in the national bank.

Answer 47

Andrew Jackson disagreed with the content of the legislation. Correct. He used the veto, like modern presidents, because of policy disagreements.

Question 48

Why did the Founding Fathers create the presidency? Select the one correct answer. * The Founding Fathers were almost unanimous in the type of chief executive they wanted. * The Founding Fathers wanted to have a leader who was weaker than the president under the Articles of Confederation. * The Founding Fathers wanted an executive with sufficient power to lead the country in an emergency. * The Founding Fathers wanted have a leader as powerful as the King of England.

Answer 48

The Founding Fathers wanted an executive with sufficient power to lead the country in an emergency. Correct. The Founding Fathers were uncertain of what the office should be, but they knew they did now want an executive with the powers of a king but who had enough powers to lead.

Question 49

Why do Presidents have great power? Select the one correct answer. * Presidents have great power in order to make the United States a global superpower. * Presidents have great power because of the increased power and size of the United States. * Presidents have great power because the Constitution carefully details all the president's authority and responsibility. * Presidents have great power because the Founding Fathers wanted an extremely powerful office.

Answer 49

Presidents have great power because of the increased power and size of the United States. Correct. The United States has evolved from a minor state to a superpower.

Question 50

Which statement below accurately describes current presidential power to block legislation? Select the one correct answer. * The president has no power to block legislation passed by Congress. * The president has an absolute veto to prevent Congress from acting. * The president has the power to veto legislation, but the veto can be overridden by Congress. * The president is able to use a line-item veto to control spending.

Answer 50

The president has the power to veto legislation, but the veto can be overridden by Congress. Correct. The President has a limited veto power.

Question 51

How are executive agreements used? Select the one correct answer. * Executive agreements are agreements with state governors. * Executive agreements are directives to the administration's bureaucracy. * Executive agreements are used in international relations. * Executive agreements are compromises with Congressional leaders.

Answer 51

Executive agreements are used in international relations. Correct. They are agreements with foreign leaders.

Question 52

Why was the Twelfth Amendment necessary? Select the one correct answer. * The Twelfth Amendment was needed because Jefferson (the presidential candidate) and Burr received the same number of electoral votes, resulting in a tie. * The Twelfth Amendment was needed because to reduce the ability of the president to veto legislation. * The Twelfth Amendment was needed because the Electoral College failed to elect presidents. * The Twelfth Amendment was needed because electors were voting for party candidates.

Answer 52

The Twelfth Amendment was needed because Jefferson (the presidential candidate) and Burr received the same number of electoral votes, resulting in a tie. Correct. The Twelfth Amendment required separate votes for President and Vice-President.

Question 53

Which of these presidents were subjected to impeachment? Select the one correct answer. * Andrew Johnson, Bill Clinton and Donald Trump * Andrew Johnson and Ulysses S. Grant * James Monroe, Andrew Jackson, and James Buchanan * Warren Harding and Richard Nixon

Answer 53

Andrew Johnson, Bill Clinton and Donald Trump Correct. All were impeached but none were removed from office.

Question 54

What is the key provision of the Twenty-Second Amendment? Select the one correct answer. * The Twenty-Second Amendment required the direct election of Senators * The Twenty-Second Amendment made the income tax legal. * The Twenty-Second Amendment limited an individual to two terms as president. * The Twenty-Second Amendment repealed Prohibition.

Answer 54

The Twenty-Second Amendment limited an individual to two terms as president. Correct. This is true and was passed because Franklin Roosevelt was elected four times.

Question 55

Which two states provide for the possibility of splitting their electoral votes by Congressional district? Select the one correct answer. * Hawaii and Puerto Rico * California and Texas * Alaska and Delaware * Maine and Nebraska

Answer 55

Maine and Nebraska Correct. Maine was the first state to do so and Nebraska was the second.

Question 56

What was the purpose of the Monroe Doctrine? Select the one correct answer. * The Monroe Doctrine called for an annual State of the Union address to Congress. * The Monroe Doctrine declared that the District of Columbia would become the nation's capitol. * The Monroe Doctrine established the system of checks and balances. * The Monroe Doctrine discouraged the European powers of the time from intervening in the affairs of Western Hemisphere nations.

Answer 56

The Monroe Doctrine discouraged the European powers of the time from intervening in the affairs of Western Hemisphere nations. Correct. And this set of principles laid the foundation for the growth of American power in the 20th century..

Question 57

What does "executive privilege" refer to? Select the one correct answer. * "Executive privilege" is the ability of the president to withhold information from Congress. * "Executive privilege" is the ability of the president to issue orders to the bureaucracy. * "Executive privilege" is the ability of the president to appoint judges. * "Executive privilege" is the ability to serve as commander-in-chief of the armed forces

Answer 57

"Executive privilege" is the ability of the president to withhold information from Congress. Correct. Presidents have attempted to withhold information from Congress successfully in at least some circumstances.

Question 58

Which of these does the Constitution require the president to do? Select the one correct answer. * To be leader of a political party * To appoint ambassadors * To deliver a State of the Union address * To prepare a budget

Answer 58

To deliver a State of the Union address Correct. The Constitution requires that the president from time to time report to Congress on the state of the union.

Question 59

Why do presidents use executive orders? Select the one correct answer. * Executive orders are a way of getting around Congress when the legislature is not acting in a given area. * Executive orders are a way of starting programs without Congressional approval for spending money. * Executive orders are not subject to judicial review. * Executive orders provide a means of dealing with foreign leaders without treaties and Senatorial approval.

Answer 59

Executive orders are a way of getting around Congress when the legislature is not acting in a given area Correct. Executive orders can create new policies when presidential initiatives are bogged down in Congress

Question 60

Select the one correct answer. In 2005, President George Bush appointed John Bolton the U.S. Ambassador to the United Nations while the Senate wasn’t in session. This is an example of: * Traditional presidential prerogative. * A recess appointment. * Congressional deference. * Executive privilege.

Answer 60

A recess appointment. Correct. President Bush made an appointment that would normally be considered by the Senate, while the Senate was not in session.

Question 61

How were Japanese American citizens of the United States forced to move from the West Coast to relocation camps in the interior of the United States? Select the one correct answer. * Only after an appeal to the Supreme Court * By order of the governors of California, Oregon, and Washington * By executive order * By an act of Congress

Answer 61

By executive order Correct. President Roosevelt, a chief executive, used to power to authorize the relocation.

Question 62

Whom can a president pardon? Select the one correct answer * Only someone convicted in a military trial * Someone who is impeached * Someone convicted of a crime in a state court * Someone convicted of a crime in a federal court

Answer 62

Someone convicted of a crime in a federal court Correct. Presidents can pardon someone convicted of a federal crime.

Question 63

Who must approve an executive agreement? Select the one correct answer. * A majority vote by both houses of Congress must approve an executive agreement. * The president and the foreign political leader who is involved are the only ones who must approve an executive agreement. * A two-thirds vote of the Senate must approve an executive agreement. * A majority vote of the Cabinet must approve an executive agreement.

Answer 63

The president and the foreign political leader who is involved are the only ones who must approve an executive agreement. Correct. No other formal approval is required.

Question 64

What is a way that presidents use executive agreements? Select the one correct answer. * Presidents use executive agreements to send troops into a combat situation. * Presidents use executive agreements to limit immigration flows into the United States. * Presidents use executive agreements to avoid the risk that the Senate will not approve a formal treaty. * Presidents use executive agreements to avoid asking Congress for money to fund activities.

Answer 64

Presidents use executive agreements to avoid the risk that the Senate will not approve a formal treaty. Correct. Executive orders do not have to be approved by the Senate.

Question 65

To whom will a president’s power of persuasion usually be most important? Select the one correct answer. * Members of the opposition party * Congress * The bureaucracy * The public

Answer 65

Congress Correct. Presidents need Congress to pass critical policies and can use both public and private measures of persuasion.

Question 66

Which presidential power is virtually unchecked? Select the one correct answer. * The power of the veto * The power to negotiate treaties * The power to pardon people convicted of federal crimes * The power to appoint judges

Answer 66

The power to pardon people convicted of federal crimes Correct. This power is virtually absolute.

Question 67

What improves the ability of a president to use the power of persuasion inherent in the executive role? Select the one correct answer * Having a Congress where the opposition party controls one or both houses * Inheriting a good economy * A narrow election victory * The lack of a foreign policy crisis

Answer 67

Inheriting a good economy Correct. Good economic times provide a president with advantages in rallying public and Congressional support.

Question 68

What is the difference between an executive agreement and an executive order? Select the one correct answer. * Only an executive agreement requires Senatorial approval. * Executive agreements are made with leaders of foreign countries, so their agreement and support is needed. * Only an executive order can be challenged in the courts. * Only an executive order can be undermined when Congress refuses funding.

Answer 68

Executive agreements are made with leaders of foreign countries, so their agreement and support is needed. Correct. Executive orders do not require the approval or support of foreign leaders.

Question 69

What are measures that a president can use to influence the execution of legislation? Select the one correct answer. * Issuing vetoes and executive agreements * Signing statements and executive orders * Signing executive agreements * Refusing to submit a budget

Answer 69

Signing statements and executive orders Correct. Signing statements indicate how a president will interpret legislation and executive orders influence how legislation is carried out.

Question 70

When did Congress issue an official declaration of war? Select the one correct answer. * Congress issued an official declaration of war in the Vietnam Conflict. * Congress issued an official declaration of war to support military action to liberate Kuwait. * Congress issued an official declaration of war after Pearl Harbor. * Congress issued an official declaration of war for the invasion of Iraq in 2003.

Answer 70

Congress issued an official declaration of war after Pearl Harbor. Correct. Congress issued a declaration of war for U.S. entry into World War II.

Question 71

What does "executive privilege" refer to? Select the one correct answer. * "Executive privilege" refers to the ability of the president to issue orders to the bureaucracy. * "Executive privilege" refers to the ability to serve as commander-in-chief of the armed forces. * "Executive privilege" refers to the ability of the president to appoint judges. * "Executive privilege" refers to the ability of the president to withhold information from Congress.

Answer 71

"Executive privilege" refers to the ability of the president to withhold information from Congress Correct. Presidents have attempted to withhold information from Congress successfully in at least some circumstances.

Question 72

When did the United States establish national intelligence agencies? Select the one correct answer. * During the Revolutionary War * Right after World War II * During the Civil War * Right after September 11, 2001

Answer 72

Right after World War II Correct. During World War II, the United States improvised its intelligence activities. It established the CIA and the NSA shortly after the end of the war.

Question 73

What must be true for a recess appointment to be made? Select the one correct answer. * The Senate must be in recess. * The president must be in recess. * The Congress must be in recess. * The House of Representatives must be in recess.

Answer 73

The Senate must be in recess. Correct. The Senate is responsible for confirming presidential appointments, so it can’t be in session for this type of appointment.

Question 74

What is one reason why presidents rely on executive agreements? Select the one correct answer. * Because executive agreements are not subject to judicial review * Because executive agreements only require majority approval by the Senate * Because the agreement is binding on future administrations * Because executive agreements take less time to negotiate and implement than treaties

Answer 74

Because executive agreements take less time to negotiate and implement than treaties Correct! Treaties require more time and the Senate may not ratify them.

Question 75

What mechanism did President Roosevelt use to intern Japanese American citizens during World War II? Select the one correct answer. * By executive order * By requesting a judicial order * By an act of Congress * By order as commander-in-chief of the military

Answer 75

By executive order Correct. President Roosevelt used an executive order to order the internment of Japanese-Americans living on the West Coast which was strongly supported by Congress when funding was necessary for the construction of the camps.

Question 76

Which of these must be true in order for a recess appointment to be made? Select the one correct answer * The House of Representatives must be in recess. * The Senate must be in recess. * The president must be in recess. * The Congress must be in recess.

Answer 76

The Senate must be in recess. Correct. The Senate is responsible for confirming presidential appointments, so can’t be in session for this type of appointment.

Question 77

What is an important role for a newly elected president’s transition team? Select the one correct answer. * Creating the president’s political agenda * Briefing the new president on executive agreements * Finding office space for the president’s team * Picking the vice president

Answer 77

Briefing the new president on executive agreements Correct. The new president needs to indicate to foreign leaders which of these agreements will continue to be honored.

Question 78

Which president mentioned the creation of the Peace Corps in his first inaugural address, indicating a shift in priorities from the previous administration? Select the one correct answer * President Kennedy * President Barack Obama * President Franklin Roosevelt * President Jimmy Carter

Answer 78

President Kennedy Correct. Kennedy was able to mobilize young people.

Question 79

Which presidential power has the most limitations? Select the one correct answer. * The presidential power with the most limitations is appointing people to government positions. * The presidential power with the most limitations is issuing executive orders. * The presidential power with the most limitations is negotiating executive agreements. * The presidential power with the most limitations is the power of the pardon.

Answer 79

The presidential power with the most limitations is appointing people to government positions Correct. Most appointments to cabinets positions, ambassadors, and judges require approval by the Senate.

Question 80

Which of the powers below was given to the president by the Founding Fathers? Select the one correct answer. * The power to command the armed forces of the United States * The power to appoint judges * The power to declare war * The power to create a budget

Answer 80

The power to command the armed forces of the United States Correct. Article II of the Constitution states that the president is commander-in-chief.

Question 81

What is a key element of a new president’s transition into office? Select the one correct answer. * Using the presidential position to raise issues * Creating a budget * Indicating to foreign leaders which executive agreements will continue to be honored * Helping organize Congress and its committees

Answer 81

Indicating to foreign leaders which executive agreements will continue to be honored Correct. New presidents have to indicate which of these agreements will continue in force.

Question 82

What did the Founding Fathers want from the office of the president? Select the one correct answer. * The Founding Fathers wanted a figurehead leader of the country. * The Founding Fathers wanted an executive leader with enough power to lead, but they also wanted to avoid an all-powerful monarchy. * The Founding Fathers wanted someone who would be the equivalent of a monarch. * The Founding Fathers wanted a president that would be elected by direct popular vote.

Answer 82

The Founding Fathers wanted an executive leader with enough power to lead, but they also wanted to avoid an all-powerful monarchy. Correct. The system of checks and balances provide the president with real, but limited, power.

Question 83

Of the choices below, which is most consistently a key presidential adviser, from president to president? * The Vice President * The Attorney General * Whomever the president chooses to rely upon * The Speaker of the House of Representatives

Answer 83

Whomever the president chooses to rely upon

Question 84

Which of the presidents below relied most on his vice president for advice? Select the one correct answer. * William McKinley and Theodore Roosevelt * Franklin Roosevelt and Harry Truman * Thomas Jefferson and Aaron Burr * George W. Bush and Dick Cheney

Answer 84

George W. Bush and Dick Cheney Correct. Bush relied heavily upon Cheney for advice, especially in the area of foreign policy.

Question 85

Select the one correct answer. In 2005, President George Bush appointed John Bolton the U.S. Ambassador to the United Nations while the Senate wasn’t in session. This is an example of: * Congressional deference * The use of a traditional presidential prerogative * A recess appointment * President Bush's exercising executive privilege

Answer 85

A recess appointment Correct. President Bush made an appointment that would normally be considered by the Senate, while the Senate was not in session.

Question 86

What is used to prevent presidential recess appointments? Select the one correct answer. * An act of Congress specifically prohibiting recess appointments * Article II of the Constitution * *Pro forma* sessions of the Senate * A decision of the Supreme Court

Answer 86

*Pro forma* sessions of the Senate Correct. Presidents cannot make appointments while the Senate is technically in session.

Question 87

How long is the so-called "honeymoon period" for new presidents? Select the one correct answer. * The first 100 days after the inauguration * The first four-year term * The first two months after the inauguration * The period between the election and the inauguration

Answer 87

The first 100 days after the inauguration Correct. The first 100 days have come to be known as the new president's "honeymoon period," when people tend to make allowances for small errors.

Question 88

Select the one correct answer. A long-simmering dispute between New York and New Jersey over the ownership of Ellis Island was heard by: * A tribunal of Supreme Court justices from randomly selected states not party to the dispute. * The Supreme Court under the Constitution’s specification of original jurisdiction. * A presidential commission appointed under the rules specific in the Eleventh Amendment. * The Supreme Court according to the appellate rules set by Congress in the Judiciary Act of 1789.

Answer 88

The Supreme Court under the Constitution’s specification of original jurisdiction. Correct. Disputes between states are part of the Court’s original jurisdiction.

Question 89

Select the one correct answer. Under appellate jurisdiction, the Supreme Court hears cases: * For the first time. * Referred by Congress. * That were previously heard in lower courts. * That involve disputes between the states.

Answer 89

That were previously heard in lower courts. Correct. Cases under appellate jurisdiction are heard first in lower courts.

Question 90

*Marbury v Madison* accomplished a number of things in its ruling. Which one of these was ***not*** among its accomplishments? Select the one correct answer. * *Marbury v Madison f*orced the executive branch to carry out a judicial order. * *Marbury v Madison e*stablished judicial review. * *Marbury v Madison a*rgued that only the Constitution could give the Supreme Court original jurisdiction, not Congress. * *Marbury v Madison c*onfirmed the independence of the judiciary as a third co-equal branch of government.

Answer 90

*Marbury v Madison f*orced the executive branch to carry out a judicial order. Correct. The decision in the case required no action of the executive branch.

Question 91

What is *stare decisis*? Select the one correct answer. * *Stare decisis* occurs when the Supreme Court introduces a new principle of law. * *Stare decisis*is the practice of the lower courts bringing up new issues. * *Stare decisis*is a reliance on previous decisions and established precedents. * *Stare decisis* is a legal system based on law.

Answer 91

*Stare decisis*is a reliance on previous decisions and established precedents. Correct. Judges and justices do rely heavily on previous decisions.

Question 92

Which of these is an example of a federal judge's applying *stare decisis*? Select the one correct answer. * A judge issues a search warrant based on probable cause. * A judge in a 2001 case rules unconstitutional a law that unduly limits a woman’s access to abortion. * A judge revises her initial ruling based on the introduction of new evidence. * A judge determines that a public school’s requirement for a morning prayer violates the 1st Amendment’s Establishment Clause.

Answer 92

A judge in a 2001 case rules unconstitutional a law that unduly limits a woman’s access to abortion. Correct. A woman’s right to abortion has been established precedent since 1973.

Question 93

Select the one correct answer. Judicial activism is commonly linked to: * A strict interpretation of the Constitution. * The privilege of judicial independence. * A loose interpretation of the Constitution. * The doctrine of *stare decisis*

Answer 93

A loose interpretation of the Constitution. Correct! Judicial activism is often linked to a more expansive interpretation of the Constitution.

Question 94

Select the one correct answer. Those in favor of judicial activism would probably support: * The need to uphold constitutional values when the other two branches fail to. * Judges as the only truly neutral political actors. * A need to offset the "tyranny of the majority." * Protections afforded by judicial independence.

Answer 94

The need to uphold constitutional values when the other two branches fail to. Correct. Activist judges are seen as the last safeguard to government violating constitutional rights.

Question 95

Select the one correct answer. A judge that seeks to reverse the current trend of judicial activism could be considered to be: * An activist judge. * A restrained judge. * A political partisan. * Respectful of judicial precedence.

Answer 95

An activist judge. Correct. Activism is often defined as a departure from the accepted *status quo*.

Question 96

What was the impact of the decision of the Supreme Court in *McCulloch v. Maryland*? Select the one correct answer. * This decision enhanced the powers of the states. * This decision relied on a broad interpretation of the necessary and proper clause in Article I. * This decision decided that Congress could not create a national bank. * This decision rested on a strict construction of the Constitution.

Answer 96

This decision relied on a broad interpretation of the necessary and proper clause in Article I. Correct. This was the key clause that was interpreted to permit the creation of a national bank.

Question 97

Of the choices below, in which way are the courts limited in their power? Select the one correct answer. * The courts are limited only by the limitations that the Justices of the Supreme Court impose upon themselves. * The courts are limited by the need for other branches or the states to carry out their decisions. * The courts are limited by Congressional approval of all their decisions. * The courts are limited by presidential veto.

Answer 97

The courts are limited by the need for other branches or the states to carry out their decisions. Correct. Enforcement power by the judiciary is limited.

Question 98

Select the one correct answer. In *Dickerson v. United States* (2000), the Supreme Court ruled that Congress could not override the Miranda warning requirement established in *Miranda v. Arizona* (1966). This is an example of the Supreme Court's exercising: * Original jurisdiction * Loose interpretation * Judicial activism * *Stare decisis*

Answer 98

*Stare decisis* Correct. The Court deferred to the precedence of an earlier decision.

Question 99

Select the one correct answer. An argument offered in opposition to judicial activism is: * The clear intention of the framers for a strict interpretation of the Constitution. * The inherent ideological biases judges possess. * The intrusion into democratic politics of unelected, and therefore unaccountable, judges. * The separation of powers built into the Constitution.

Answer 99

The intrusion into democratic politics of unelected, and therefore unaccountable, judges. Correct. Opposition arises from judges overruling democratically derived policies.

Question 100

Select the one correct answer. A law alleged to violate the Constitution’s protection of free speech would be heard by the Supreme Court under: * Appellate jurisdiction. * The doctrine of *stare decisis.* * Original jurisdiction. * The rule of four

Answer 100

Appellate jurisdiction. Correct. This type of case would first be heard by a lower court before being heard by the Supreme Court.

Question 101

**State Courts**

Answer 101

* Hear most day-to-day cases, covering 90 percent of all cases * Hear both civil and criminal matters * Help the states retain their own sovereignty in judicial matters over their state laws, distinct from the national government

Question 102

**Federal Courts**

Answer 102

* Hear cases that involve a “federal question,” involving the Constitution, federal laws or treaties, or a “federal party” in which the U.S. government is a party to the case * Hear both civil and criminal matters, although many criminal cases involving federal law are tried in state courts * Hear cases that involve “interstate” matters, “diversity of citizenship” involving parties of two different states, or between a U.S. citizen and a citizen of another nation (and with a damage claim of at least $75,000)

Question 103

You’ve been arrested in Mt. Rainier National Park because of a physical altercation with another park visitor. In which court will your case most likely be heard? Select the one correct answer. * In a federal circuit court * In a state appellate court * In a federal district court * In a state trial court

Answer 103

In a federal district court Correct. This is because the altercation took place on federal land.

Question 104

You’ve been convicted of a crime by a state trial court. You allege, however, that the evidence used against you came from an illegal search and seizure. To which court do you appeal the state trial court decision? Select the one correct answer. * A federal district court * The state’s supreme court * A federal circuit court * The state’s appellate court

Answer 104

The state’s appellate court Correct. You would appeal to the state's appellate court.

Question 105

Select the one correct answer. The total number of Justices currently serving on the Supreme Court is: * Nine * Six * Five * Twelve

Answer 105

Nine Correct. Nine justices currently serve on the Supreme Court.

Question 106

Select the one correct answer. The process of nominating a Justice for the Supreme Court involves: * A presidential appointment and confirmation by both the House of Representatives and the Senate. * A presidential appointment only. * A presidential appointment and confirmation by the Senate. * A presidential appointment and confirmation by the House of Representatives.

Answer 106

A presidential appointment and confirmation by the Senate. Correct. Confirmation by the Senate is necessary before an appointment is final.

Question 107

Which of these statements is true about individuals nominated to the Supreme Court? Select the one correct answer. * Individuals who are nominated are normally lawyers. * Individuals are chosen by the President to reflect a wide variety of views. * Individuals are held to the same standards as other judicial nominees. * Individuals are selected from those who have served as judges in lower courts.

Answer 107

Individuals who are nominated are normally lawyers. Correct. There is the expectation that all nominees have a law degree although the Constitution does not contain this requirement.

Question 108

Which statement below is accurate about the "Rule of Four" in the Supreme Court? Select the one correct answer. * The "Rule of Four" requires at least four justices agree on the majority opinion. * The "Rule of Four" means that at least four justices must want to hear a case. * The "Rule of Four" Is directly mentioned in the Constitution. * The "Rule of Four" means that there are no more than four opinions written in any case before the Supreme Court.

Answer 108

The "Rule of Four" means that at least four justices must want to hear a case. Correct. This informal rule was developed within the Court.

Question 109

Select the one correct answer. The number of justices on the Supreme Court is set by: * The requirements of English common law * Historical precedent * Article III of the Constitution * Congress

Answer 109

Congress Correct. Congress is given the power to define the judicial branch.

Question 110

Select the one correct answer. Those who are nominated to serve as a Supreme Court justice are generally: * Former federal prosecutors. * Drawn from the ranks of law school professors. * Ideologically compatible with the president who nominates them * People who have never served as judges before, thus ensuring their neutrality.

Answer 110

Ideologically compatible with the president who nominates them Correct! Presidents tend to nominate candidates with a similar ideological predisposition.

Question 111

Your dispute with your cellular service provider has escalated into a civil suit. In which court will your case most likely be heard? Select the one correct answer. * A state trial court * A federal circuit court * A state appellate court * A federal district court

Answer 111

A state trial court Correct. Because the dispute occurred within one state, its original jurisdiction is a trial court in that state.

Question 112

You live in Wyoming, and your business partner lives in Idaho. Your business relationship sours and your partner sues you for damages totaling $250,000. In which court will your case most likely be heard? Select the one correct answer. * A federal district court * A state trial court in Wyoming * A state trial court in Idaho * A state trial court in an adjacent, neutral state, such as Montana

Answer 112

A federal district court Correct!. Federal district courts hear disputes between citizens of different states.

Question 113

In 1997, the family of Nicole Brown Simpson sued O.J. Simpson for the wrongful death of Ms. Simpson. What type of case is this? Select the one correct answer. * A diversity case * A criminal case * An original jurisdiction case * A civil case

Answer 113

A civil case Correct. This case involves a dispute over damages between private parties.

Question 114

In 2008, Bernie Madoff was charged by federal prosecutors with defrauded his investors of an estimated $65 billion. What type of case is this? Select the one correct answer. * An equity case * A criminal case * A civil case * A diversity case

Answer 114

A criminal case Correct. The federal government charged Madoff with violating criminal statutes.

Question 115

What is the key source for the interpretation of the Constitution? Select the one correct answer. * The president * State legislatures * Congress Federal judiciary

Answer 115

Federal judiciary Correct. The federal courts interpret whether or not actions by other parts of the government violate the Constitution.

Question 116

Why can federal courts hear appeals involving state laws? Select the one correct answer. * Because the Thirteenth Amendment gave the federal courts that power * Because state laws cannot conflict with the Constitution * Because the Fourteenth Amendment prohibited appeals to the federal courts * Because federal law always preempts state law

Answer 116

Because state laws cannot conflict with the Constitution Correct. The Constitution is the supreme law of the land.

Question 117

Which is true regarding the rights that states have under federalism? Select the one correct answer. * Before the Fourteenth Amendment was passed, states could ignore the Bill of Rights. * States have no specific rights under the Constitution. * States can currently require office holders to be follow a specific religion. * Federalism gives all power to the national government.

Answer 117

Before the Fourteenth Amendment was passed, states could ignore the Bill of Rights. Correct. The Bill of Rights only applied to the national government until the Fourteenth Amendment was ratified by the states.

Question 118

Which of the following is not an example of how the courts play a role in the system of checks and balances? * Proposed legislation is reviewed by the courts to determine if it is constitutional. * Legislation from Congress is upheld as constitutional by the courts. * Legislation from a state legislature limiting voting rights is ruled to be unconstitutional by the courts. * An Executive Order from the President on immigration is determined to be unconstitutional.

Answer 118

Proposed legislation is reviewed by the courts to determine if it is constitutional. Correct. Courts make judgments on actual cases and do not offer advisory opinions.

Question 119

How did the Fourteenth Amendment change the interpretation of the Constitution? * It led to greater involvement by federal courts in areas previously reserved to the states. * It made it possible to impeach federal judges. * It made it clear that the Bill of Rights only applied to the national government and not to the states. * It solved the problem of conflicting interpretations of the Constitution.

Answer 119

It led to greater involvement by federal courts in areas previously reserved to the states. Correct. This is one of the most important ways that the Fourteenth Amendment has changed the meaning of the Constitution.

Question 120

Which branch of government has the primary role of interpreting the Constitution? * State legislatures * Congress * The executive branch * The courts

Answer 120

The courts Correct. This is the primary role of the courts in the system of separation of powers and checks and balances.

Question 121

How is the Supremacy Clause connected to the power of the courts? * The Supremacy Clause provides a definition for judicial review. * The Supremacy Clause is not related to the power of the courts. * The Supremacy Clause is more obviously connected to the power of the president than the courts. * The Supremacy Clause asserts that the Constitution is the highest law in the land and courts may need to interpret the meaning of the Constitution to resolve a case.

Answer 121

The Supremacy Clause asserts that the Constitution is the highest law in the land and courts may need to interpret the meaning of the Constitution to resolve a case. Correct. The Supremacy Clause asserts that the Constitution is the highest law in the land. Courts may need to interpret the meaning of the Constitution to resolve a case.

Question 122

What is the best definition of expressed powers? Select the one correct answer. * Expressed powers are those powers that belong solely to the states. * Expressed powers are those powers belonging to both the national and state governments. * Expressed powers are those powers specifically granted to the national government in the Constitution. * Expressed powers are those powers not specifically listed in the Constitution, but assumed through interpretation.

Answer 122

Expressed powers are those powers specifically granted to the national government in the Constitution. Correct. Articles I and II of the Constitution provide an enumerated list of powers to both the legislative and executive branches of government.

Question 123

Which of these is an expressed power? Select the one correct answer. * One example of an expressed power is determining the qualifications needed to teach elementary school. * One example of an expressed power is taxing income of workers. * One example of an expressed power is establishing bilateral trade agreements with foreign countries. * One example of an expressed power is creating a central bank for the United States.

Answer 123

One example of an expressed power is establishing bilateral trade agreements with foreign countries. Correct. This is an expressed power—Congress is specifically permitted to regulate trade relations with foreign powers.

Question 124

Which of these is an implied power? Select the one correct answer. * One example of an implied power is a state’s requiring school attendance until 18 years of age. * One example of an implied power is a state's defining the act of manslaughter and what the punishment for it is. * One example of an implied power is Congress's defining what is a gallon of gasoline. * One example of an implied power is Congress's imposing a draft in a time of war.

Answer 124

One example of an implied power is Congress's imposing a draft in a time of war Correct. This is an implied power—Congress can declare war and raise an army, but has no enumerated authority to compel service.

Question 125

Which of these is a reserved power? Select the one correct answer. * One example of a reserved power is a state's imposing a tax on gasoline. * One example of a reserved power is a city's prohibiting the sale of tobacco products within 100 yards of a school. * One example of a reserved power is Congress's being limited to suspending *habeas corpus* only in a time of insurrection. * One example of a reserved power is Congress's giving protection to endangered species.

Answer 125

One example of a reserved power is a city's prohibiting the sale of tobacco products within 100 yards of a school. Correct. This is a reserved power—states traditional regulate intrastate economic activity.

Question 126

In 1789 Congress passed the Tariff Act, which levied tariffs and tonnage duties on goods imported into the United States. What type of power is this an example of? Select the one correct answer. * Expressed power * Implied power * Reserved power * Concurrent power

Answer 126

Expressed power Correct. Congress is specifically allowed to levy tariffs and duties.

Question 127

What type of power is the passage of the Clean Air Act of 1963 by Congress? Select the one correct answer. * Implied power * Concurrent power * Reserved power * Expressed power

Answer 127

Implied power Correct. Congress, which can regulate interstate commerce, may also regulate the harmful effects of interstate commerce.

Question 128

The state of Utah allows grocery and convenience stores to sell only "3.2 beer" (beer with no more than 3.2% alcohol content by weight). What type of power is this an example of? Select the one correct answer. * Concurrent power * Implied power * Reserved power * Expressed power

Answer 128

Reserved power Correct. Regulating the sale of alcoholic beverages is a traditional state power.

Question 129

What type of power did the Tenth Amendment provide to the states? Select the one correct answer. * Reserved powers * Expressed powers * Concurrent powers * Implied powers

Answer 129

Reserved powers Correct. The Tenth Amendment states that any powers not expressly given to the national government are reserved for the states.

Question 130

Which of these is a concurrent power? Select the one correct answer. * One example of a concurrent power is a state's restricting the right of a convicted felon from voting for president. * One example of a concurrent power is a state's levying a tax on alcoholic beverages. * One example of a concurrent power is Congress's approving funding for the Louisiana purchase in 1803. * One example of a concurrent power is Congress's making the importation of elephant ivory illegal.

Answer 130

One example of a concurrent power is a state's levying a tax on alcoholic beverages. Correct. This is a concurrent power—both federal and state governments can (and do) tax alcohol.

Question 131

In 2017, the state of Oregon levied taxes on personal income ranging from 5.0% to 9.9%. What type of power is this an example of? Select the one correct answer. * Concurrent power * Expressed power * Implied power * Reserved power

Answer 131

Concurrent power Correct. Both the federal and state levels can tax income.

Question 132

Which level of government makes the supreme law of the land? Select the one correct answer. * State governments * The Supreme Court * Both the federal and state governments * The federal government

Answer 132

The federal government Correct. The Constitution grants supremacy to the national government allowing the national government to overrule state laws when in conflict with one another.

Question 133

Which Constitutional clause requires states to honor the public acts, records, and judicial decisions of other states? Select the one correct answer. * The Full Faith and Credit Clause * The States' Rights Clause * The Privileges and Immunities Clause * The Supremacy Clause

Answer 133

The Full Faith and Credit Clause Correct. This clause is the reason why public records and acts such as diplomas, driver’s licenses, and marriages are recognized in all 50 states.

Question 134

Which Constitutional clause prevents states from discriminating against out-of-state residents? Select the one correct answer. * The Privileges and Immunities Clause * The States' Rights Clause * The Supremacy Clause * The Full Faith and Credit Clause

Answer 134

The Privileges and Immunities Clause Correct. This clause requires states to treat all citizens the same. It prevents states from giving special privileges to its own residents.

Question 135

Why is the Tenth Amendment included in the Bill of Rights? * To calm Anti-Federalists' fears by reserving powers to the states * To limit the power of state governments * To ensure the national government remained the supreme authority * To please the Federalists by giving power to the national government

Answer 135

To calm Anti-Federalists' fears by reserving powers to the states Correct. The Anti-Federalists feared that the Constitution gave too much power and authority to the Federal Government so to ease their fears, the Tenth Amendment reserves other powers solely to the states.

Question 136

In the 1920 case of *Missouri v. Holland*, the Supreme Court ruled a state’s right to regulating hunting within its own borders did not supersede the federal government’s obligations under the Migratory Bird Treaty Act of 1918. This is an example of the exercise of: * Stare Decisis * The Supremacy Clause * Judicial review * The Necessary and Proper powers of Congress.

Answer 136

The Supremacy Clause Correct! A constitutional act of Congress trumps an act by a state legislature.

Question 137

Which constitutional clauses seek to limit the power of the states? Select the three correct answers. * Supremacy Clause * Privileges and Immunities Clause * Full Faith and Credit Clause * State’s Rights Clause

Answer 137

* Supremacy Clause * Privileges and Immunities Clause * Full Faith and Credit Clause Correct. The clauses that limit the power of the states are the Supremacy Clause, the Full Faith and Credit Clause, and the Privileges and Immunities Clause.

Question 138

Expressed power

Answer 138

* Congress is given the authority to determine the rules and policies for the national military in Article I of the Constitution.

Question 139

Implied Power

Answer 139

* Although not specifically stated in the Constitution, Congress has decided that it is within its authority to open a national bank in order to help them regulate commerce.

Question 140

Reserved power

Answer 140

* John lives in Nevada and he wants to get married in Maryland. However, he is confused as to why the time it takes to get a marriage license in Nevada is much faster than in Maryland. Why isn't it the same in all of the states?

Question 141

Concurrent power

Answer 141

Although you think you are being taxed twice by the government, each year you continue to pay a federal income tax and state income tax.

Question 142

How was the Necessary and Proper Clause used to expand the powers of the federal government? Select the one correct answer. * The Necessary and Proper Clause allowed the federal government to require states to treat out-of-state citizens fairly. * The Necessary and Proper Clause made the federal government the supreme authority. * The Necessary and Proper clause did not expand the powers of the federal government. * The Necessary and Proper Clause provided the federal government with powers not stated in the Constitution.

Answer 142

The Necessary and Proper Clause provided the federal government with powers not stated in the Constitution. Correct. The Supreme Court ruled that the Necessary and Proper Clause provides the federal government with additional implied powers.

Question 143

Why are the cases *McCulloch v. Maryland* and *Gibbons v. Ogden* important to the development of the American Federalist system? Select the two correct answers. * Both cases helped to limit the power of the federal government over states. * Both cases helped to increase the powers of the federal government. * *McCulloch vs. Maryland* demonstrated the limits of the federal government and *Gibbons v. Ogden* increased state governments. * Both cases explained specific expressed powers of the federal government.

Answer 143

* Both cases helped to increase the powers of the federal government. * Both cases explained specific expressed powers of the federal government.

Question 144

Which clauses did the Supreme Court use In *McCulloch v. Maryland*, to expand the power of the federal government? Select the two correct answers. * Necessary and Proper Clause * Full Faith and Credit Clause * Supremacy Clause * Privileges and Immunities Clause

Answer 144

* Necessary and Proper Clause * Supremacy Clause Correct. The Necessary and Proper Clause (also known as the elastic clause) and the Supremacy Clause were both used to expand the power of the federal government. The elastic clause was used to give Congress a set of implied powers not in the Constitution. The Supremacy clause disallowed states from taxing the federal government.

Question 145

How did the Supreme Court interpret the Necessary and Proper Clause in *McCulloch v. Maryland*? * It recognized that Congress could create a national bank even though it did not have an enumerated power to do so. * It recognized that Congress could create a national bank because it had an enumerated power to do so. * It concluded that Congress could not create a national bank because it did not have an enumerated power to do so. * It concluded that Congress could not create a national bank because it violated the principle of federalism.

Answer 145

It recognized that Congress could create a national bank even though it did not have an enumerated power to do so. Correct. Because of the Court’s decision in *McCulloch v. Maryland*, the Necessary and Proper Clause is generally seen as a source of implied powers for Congress.

Question 146

What is a primary effect of the census on the functioning of Congress? * It determines the distribution of federal funds to state programs. * It makes it easier for interest groups to target safe and unsafe seats in Congress. * It forces legislatures to gerrymander districts to reflect population changes * It is used to determine the number of House representatives for each state.

Answer 146

It is used to determine the number of House representatives for each state.

Question 147

Which describes the purpose of Congressional appropriations committees? * They determine the government's tax requirements * They restrict the president's use of discretionary funds * They set the government's overall spending limits * They recommend how specific funds are allocated

Answer 147

They recommend how specific funds are allocated

Question 148

Which power is assigned to the House under the Constitution? * Appointing federal judges * Ratifying treaties with foreign governments * Confirming cabinet appointments * Originating congressional spending bills

Answer 148

Originating congressional spending bills

Question 149

How does apportionment influence the makeup of Congress? * It determines the allocation of seats in the Senate based on the equal proportions method. * It determines the allocation of seats in the Senate based on the popular vote. * It determines the allocation of seats in the House of Representatives based on the equal proportions method. * It determines the allocation of seats in the House of Representatives based on the popular vote.

Answer 149

It determines the allocation of seats in the House of Representatives based on the equal proportions method.

Question 150

What is an example of checks and balances between the executive and legislative branches of government? * The Senate must confirm the president's Supreme Court nominees. * The Senate has the power to expel its own members with presidential approval. * The president has the power to fire the director of the Federal Bureau of Investigation (FBI). * The Speaker of the House decides which bills come to the floor for a vote.

Answer 150

The Senate must confirm the president's Supreme Court nominees.

Question 151

Which presidential power can be directly restricted by Congress? * Issuing executive orders * Pardoning convicted criminals * Negotiating executive agreements * Appointing cabinet members

Answer 151

Appointing cabinet members

Question 152

Which president was impeached by the House of Representatives? * Richard Nixon for his involvement in Watergate * Lyndon Johnson for invading Vietnam without a declaration of war * Andrew Johnson for firing his secretary of war * Harry Truman for firing General Douglas MacArthur

Answer 152

Andrew Johnson for firing his secretary of war

Question 153

What is the general purpose of the president making recess appointments? * To fill open House or Senate seats before the next election * To appoint Supreme Court justices that might be unpopular * To fill cabinet vacancies while bypassing Senate approval * To appoint ambassadors to vacant posts in U.S. embassies

Answer 153

To fill cabinet vacancies while bypassing Senate approval

Question 154

What is true about the U.S. court system? * It does not serve as an arbiter in disputes between states. * It is a unitary court system centralized at the federal level. * It is a dual system with a federal court system and courts in each state. * It allows the Supreme Court original jurisdiction over most types of cases.

Answer 154

It is a dual system with a federal court system and courts in each state.

Question 155

What describes the Supreme Court's use of the judicial principle of stare decisis? * The Supreme Court's precedents are treated as established law. * The Supreme Court's rulings can override state court decisions. * The Supreme Court can provide a check on the executive branch. * The Supreme Court can determine the constitutionality of legislation.

Answer 155

The Supreme Court's precedents are treated as established law.

Question 156

What was the significance of the Supreme Court's ruling in *McCulloch v. Maryland*? * It established a loose constructionist view of the necessary and proper clause. * It provided a loose constructionist view of the commerce clause. * It established the Supreme Court's authority of judicial review. * It provided the first ruling based on the principle of stare decisis.

Answer 156

It established a loose constructionist view of the necessary and proper clause.

Question 157

Which type of power is a state's power to tax? * A reserve power * An expressed power * A concurrent power * An implied power

Answer 157

A concurrent power

Question 158

What is an example of a state exercising its reserve power? * Using eminent domain to take land for a new highway * Establishing laws to regulate businesses in the state * Creating a special court to handle drug offenses * Issuing bonds to fund an infrastructure project

Answer 158

Establishing laws to regulate businesses in the state

Question 159

What is an example of a state exercising a concurrent power? * Developing laws to regulate businesses in the state * Establishing certification requirements for teachers * Issuing bonds to fund an infrastructure project * Creating a new law to allow charter schools

Answer 159

Issuing bonds to fund an infrastructure project