Constitutional Law

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Constitutional Law Quizzes & Trivia

Constitutional Law: Chapters 1-5


Questions and Answers
  • 1. 
    After a proposed Constitution was written, it was submitted to the states for ratification. This ratification was opposed by some states because:
    • A. 

      The Constitution contained no bill of rights

    • B. 

      Excessive power was concentrated in the state governments

    • C. 

      Congress had no power to tax

    • D. 

      Small states were not given fair representation in the Senate of the United States

  • 2. 
    Under the terms of the proposed Constitution, the new government was to become operative if a certain number of states ratified. This number was:
    • A. 

      9

    • B. 

      10 10

    • C. 

      11

    • D. 

      All 13 states

  • 3. 
    The ratification process was completed and the Constitution went into effect:
    • A. 

      1787

    • B. 

      1788

    • C. 

      1791

    • D. 

      1776

  • 4. 
    The United States Constitution, as originally adopted:
    • A. 

      Prohibited the federal government from depriving any person of life, liberty, or property without due process of law

    • B. 

      Was a very long, drawn out document that expressly dealt with all problems that might conceivably arise in the future

    • C. 

      Was divided into seven major portions or articles

    • D. 

      Neglected to include any provision for the method of amendment

  • 5. 
    Article I of the United States Constitution:
    • A. 

      Grants Congress the power to regulate interstate and foreign commerce.

    • B. 

      Contains the supremacy clause

    • C. 

      Protects freedom of speech

    • D. 

      Delegates to the President the power to declare war

  • 6. 
    Article II of the United States Constitution:
    • A. 

      Establishes the powers of the President

    • B. 

      Vests judicial power of the United States in the Supreme Court

    • C. 

      Guarantees the right to bear arms

    • D. 

      Guarantees that the federal government will not quarter troops in private homes

  • 7. 
    The first three articles of the Constitution are commonly referred to as the:
    • A. 

      Delegation of powers articles

    • B. 

      Supremacy clauses

    • C. 

      Separation of powers articles

    • D. 

      Necessary and proper provisions

  • 8. 
    Suppose the Supreme Court hands down a decision declaring the death penalty unconstitutional. Congress and the American people are outraged by this decision and want to restore the death penalty. Under our Constitution, what, if anything, can be done to get rid of an unpopular Supreme Court decision interpreting the Constitution?
    • A. 

      Is immutable and cannot be changed

    • B. 

      Can be nullified only by a three-fourths vote of both houses of Congress

    • C. 

      Supreme Court decisions interpreting the Constitution can be annulled by a constitutional amendment proposed by a two-thirds vote in both houses of Congress and ratified by three-fourths of the state legislatures.

    • D. 

      Can be nullified only if the legislatures of 26 states propose the calling of a constitutional convention

  • 9. 
    The Constitution directly established the Supreme Court and granted Congress the power to establish judicial tribunals inferior to the Supreme Court. Under the federal judiciary system established by Congress:
    • A. 

      Federal criminal trials are held in federal district courts.

    • B. 

      All capital crimes, whether state or federal, must be tried in a federal court

    • C. 

      Any person convicted of a capital crime has the automatic right to appeal directly to the Supreme Court of the United States

    • D. 

      There are three tiers or levels of federal courts below the United States Supreme Court

  • 10. 
    Which of the following activities is least likely to be subject to federal control under the commerce clause?
    • A. 

      Tax evasion

    • B. 

      Bankruptcy laws

    • C. 

      Domestic violence. domestic violence. domestic violence. domestic violence

    • D. 

      Right to bear arms

  • 11. 
    The commerce clause, as interpreted by the Supreme Court:
    • A. 

      Allows Congress to regulate any activity that has a substantial effect on interstate commerce, even though the activity takes place entirely within the confines of a single state

    • B. 

      Exempts state governments and their agencies from regulations enacted by Congress under its commerce clause powers.

    • C. 

      Does not allow Congress to enact criminal statutes

    • D. 

      Does not allow Congress to enact laws affecting areas in which there are existing state regulations

  • 12. 
    Congress has enacted crime legislation such as the Motor Vehicle Theft Act under one of the powers delegated under Article I, §8. That provision is the:
    • A. 

      Power to regulate interstate and foreign commerce.

    • B. 

      Authority to enter into treaties and alliances

    • C. 

      Full faith and credit provision

    • D. 

      Intrastate regulatory clause

  • 13. 
    . Article I, Section 10 of the Constitution prohibits the states from exercising certain powers. Under this section, states are prohibited from:
    • A. 

      Establishing segregated schools

    • B. 

      Denying citizens life, liberty, or property without due process of law

    • C. 

      Establishing banks without the consent of Congress

    • D. 

      Entering into treaties, alliances, or confederations.

  • 14. 
    In 1994, Jones committed an armed robbery. In 1996, the Kentucky legislature enacted a law increasing the punishment for armed robbery from 15 to 20 years in prison. Six months later, Jones was captured, tried, convicted, and sentenced to 20 years in prison. Sentencing Jones to 20 years violates the:
    • A. 

      First Amendment

    • B. 

      Fourteenth Amendment

    • C. 

      Fifth Amendment due process clause

    • D. 

      Article I, § 10 ex post facto clause.

  • 15. 
    Which of the following constitutional provisions prevents state legislatures from enacting laws that declare individual citizens guilty of crimes and confiscating their property?
    • A. 

      Article I, §10 prohibition against bills of attainder.

    • B. 

      Fourteenth Amendment equal protection clause

    • C. 

      Fifth Amendment due process clause

    • D. 

      Second Amendment

  • 16. 
     The constitutional division of power between the federal government and the states is accomplished in which of the following ways?
    • A. 

      The Constitution lists the powers reserved to the states and provides that all powers not expressly reserved to the states belong to the federal government

    • B. 

      Through the combined effects of Article I, §8; Article I, §9; and the Tenth Amendment.

    • C. 

      The division of power is established in the Fourteenth Amendment

    • D. 

      Through the combined effect of Articles I, II, and III

  • 17. 
    Which of the following statements most accurately reflects the constitutional division of power between the federal government and the states?
    • A. 

      The Founders contemplated that the federal government would be more powerful than the states

    • B. 

      The federal government is a government of enumerated powers and can exercise only the powers that have been delegated.

    • C. 

      The federal government holds all powers not expressly reserved to the states

    • D. 

      The balance of power between the federal government and the states established by the Constitution of 1789 is fixed and cannot be changed through judicial interpretation of the enumerated powers

  • 18. 
    Under our federal system of government, states have primary authority to:
    • A. 

      Enact bankruptcy laws

    • B. 

      Punish counterfeiting

    • C. 

      Provide for organizing, maintaining, and arming troops in times of peace

    • D. 

      None of the above.

  • 19. 
    The Bill of Rights:
    • A. 

      Was adopted by the colonists in 1776

    • B. 

      Declares that no state shall deny any person due process of law

    • C. 

      Was proposed by the First Congress to fulfill pledges made to the states to secure ratification of the Constitution.

    • D. 

      Guarantees states protection against internal insurrections

  • 20. 
    The right to be indicted by a grand jury before being tried for a capital or otherwise infamous crime is:
    • A. 

      Guaranteed by the First Amendment

    • B. 

      Guaranteed by the Fifth Amendment.

    • C. 

      Guaranteed by the Tenth Amendment

    • D. 

      Has been made binding on the states through incorporation into the Fourteenth Amendment

  • 21. 
    Protection against unreasonable searches and seizures is guaranteed by the:
    • A. 

      Third Amendment

    • B. 

      Fourth Amendment.

    • C. 

      Fifth Amendment

    • D. 

      Sixth Amendment

  • 22. 
    The right to trial by jury in criminal cases is:
    • A. 

      Guaranteed by the First Amendment

    • B. 

      Guaranteed by the Second Amendment

    • C. 

      Guaranteed by the Third Amendment

    • D. 

      Has been made binding on the states through incorporation into the Fourteenth Amendment

  • 23. 
    The due process clause, which limits the actions of state governments and state agents is a part of the:
    • A. 

      Fourteenth Amendment

    • B. 

      Original Constitution

    • C. 

      Fifth Amendment

    • D. 

      Fourth Amendment

  • 24. 
    The Fourteenth Amendment is the source of several different types of constitutional protection against the actions of state governments. These protections include all but which of the following?
    • A. 

      Requirement that state governments treat all persons alike who are similarly situated

    • B. 

      Requirement that state governments protect the life, liberty, and property of citizens

    • C. 

      Requirement that state governments afford citizens notice and an opportunity to be heard before depriving them of life, liberty, or property

    • D. 

      Protection against arbitrary interference by state governments with fundamental rights, like the right to marry, to terminate an unwanted pregnancy, or to forego life-sustaining treatment

  • 25. 
    The First Amendment mentions several rights in addition to freedom of speech. Among the rights mentioned is the right to:
    • A. 

      Privacy

    • B. 

      Bear arms

    • C. 

      Peaceably assemble

    • D. 

      Vote