FSO U.S. Government Review

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FSO U.S. Government Review - Quiz


Foreign Service Part One Written Exam: Job Knowledge Test
United States Government


Questions and Answers
  • 1. 

    1) Why did President Franklin Roosevelt recommend expanding the size of the Supreme Court?

    • A.

      Because it had a backlog of Cases

    • B.

      He wanted the court to represent a greater diversity of the population

    • C.

      The Court had invalidated many New Deal programs

    • D.

      He wanted to divide the court into a criminal

    Correct Answer
    C. The Court had invalidated many New Deal programs
    Explanation
    C. The supreme court had ruled against many New Deal programs. He recommended adding members to the court for every member who was over 30

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  • 2. 

    Comparing 1964 to 1994, what happened to Americans' trust in government

    • A.

      It Declined

    • B.

      It stayed about the same

    • C.

      It rose

    • D.

      It rose sharply, and then fell sharply

    Correct Answer
    A. It Declined
    Explanation
    Trust in government has declined over the years, although there have also been some years of improvement . For example, more people believe that government wastes money than it did in former years. Trust in government represents an attitudinal index based on several public opinion questions. The most often cited trust index is derived from the regular survey by the Institute for Social Research at the University of Michigan.

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  • 3. 

    President Bush has proposed a constitutional amendment barring same-sex marriage. To have this amendment added to the constitution, what must happen?

    • A.

      A. The amendment must be proposed by three-fourths of both houses of Congress and approved by the legislatures of two thirds of the states.

    • B.

      . The amendment must be proposed by two thirds of both houses of Congress and approved by the legislatures of three-fourths of the states.

    • C.

      The amendment must be proposed by two-thirds of both houses of congress, signed by the President, and approved by the legislatures of three-fourths of the states.

    • D.

      The amendment must be approved by conventions in two thirds of the states, and then approved by three quarters of both houses of Congress.

    Correct Answer
    B. . The amendment must be proposed by two thirds of both houses of Congress and approved by the legislatures of three-fourths of the states.
    Explanation
    B. Article V gives the method of approval. There are actually two methods, one allowing the states to call for a constitutional convention. The most common method, however is a proposal by two-thirds of both houses of Congress and approval by the legislatures of three--fourths of the states. (The Congress could select conventions in the states for approval.) The president does not have to approve.

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  • 4. 

    If the Office of Vice President is vacant, what happens?

    • A.

      A. It remains vacant until the next election.

    • B.

      B. The president's political party holds a mini convention to select a new vice president

    • C.

      C. The Senate selects a new vice president

    • D.

      D. The president nominates a new vice president, who must be approved by a majority of the Congress

    Correct Answer
    D. D. The president nominates a new vice president, who must be approved by a majority of the Congress
    Explanation
    D) The 25th amendment said a new vice president could be appointed by the president and approved by a majority of the Congress to serve out the term. Prior to the 25th Amendment, the office remained vacant.

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  • 5. 

    5. The post-World War II defense policy used to maintain a balance of power in the world known as

    • A.

      A. Mutually assured destruction (MAD)

    • B.

      B. Strategic Defense Initiative (SDI)

    • C.

      C. The Marshall Plan

    • D.

      D. The Truman Doctrine

    Correct Answer
    A. A. Mutually assured destruction (MAD)
    Explanation
    A. Mutually assured destruction (MAD) has been the U.S. defense policy. It worked to keep the Soviet Union from acquiring a first-strike capability, which meant that if the Soviet Union struck first, the United States would be able to knock out an effective retaliation. The MAD doctrine said that if a nation struck first, the other side would be able to retaliate and inflict unacceptable damage. Based upon this policy, the international system was said to be in balance.

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  • 6. 

    6. What is the theory that suggested that U.S. Democracy is based on many groups, each pressing its own interest?

    • A.

      A. elitism

    • B.

      B. pluralism

    • C.

      C. entrepreneurial politics

    • D.

      D. conflict resolution.

    Correct Answer
    B. B. pluralism
    Explanation
    B. Robert Dahl and others have written about the American political system as being pluralistic.

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  • 7. 

    7. Conference committees are

    • A.

      A. permanent Joint Committees for dealing with serious national concerns, such as 9/11

    • B.

      B. temporary committees of House and Senate members to resolve bill differences between the chambers

    • C.

      C. special Committees that study issues but have no power to report legislation

    • D.

      D. Meetings between members of Congress and the Executive departments.

    Correct Answer
    B. B. temporary committees of House and Senate members to resolve bill differences between the chambers
    Explanation
    B. Conference Committees are used when differences exist between House and Senate bills. Each house's conferences vote separately and both sets must agree to approve a provision. Ultimately, the floors of each chamber must approve a Conference Committee's report.

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  • 8. 

    8. The President may veto

    • A.

      A. the entire bill and items in an appropriations bill

    • B.

      B. the entire bill and items in a tax bill

    • C.

      C. the entire bill and items in any bill

    • D.

      D. the entire bill only

    Correct Answer
    D. D. the entire bill only
    Explanation
    D. The President, unlike many governors, does not have an item veto. There was an attempt to give him the equivalent of one through legislation, but the Supreme Court ruled that attempt unconstitutional

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  • 9. 

    9. One consequence attributed to malapportionment was that

    • A.

      A. Urban areas were over presented

    • B.

      B. Urban areas were underrepresented

    • C.

      C. Suburban areas were overrepresented

    • D.

      D. The minority party was concentrated, resulting in fewer minorities being elected than there percent in the population.

    Correct Answer
    B. B. Urban areas were underrepresented
    Explanation
    B. Malapportionment prior to the Supreme Court decision ordering reapportionment resulted in rural areas being overrepresented and urban areas underrepresented. The apportionment of congressional and state legislative districts did not keep pace with the movement of people from rural areas to cities (and, subsequently, to suburban areas) and immigrants who came primarily to cities.

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  • 10. 

    10. The function of the Office of Management and Budget to review al legislative proposals by the departments of government for consistency and conformity with the president;s policies is termed.

    • A.

      A. Central clearance

    • B.

      B. review and comment procedure

    • C.

      C. legislative oversight

    • D.

      D. bottom-up review.

    Correct Answer
    A. A. Central clearance
    Explanation
    A. Started to make sure that policy proposals from the departments did not conflict with the president’s budget, it has been extended to all policy proposals made by the departments to ensure conformity to the administration’s policy. Central clearance function began after the president received executive budget authority in the Budget and Accounting Act of 1921.

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  • 11. 

    11. the marble cake theory of federalism implies

    • A.

      A. The establishment of separate functions for the national and state governments

    • B.

      B. the sharing of functions between the national government and the states

    • C.

      C. the reservation of all non-delegated powers to the states

    • D.

      D. the establishment of a federal form rather than a confederational form of government.

    Correct Answer
    B. B. the sharing of functions between the national government and the states
    Explanation
    b. The marble cake theory of federalism was described by Morton Grodzins. It is frequently used to describe the sharing of functions between the federal government and the states.

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  • 12. 

    12. The constitution requires that the members of the Supreme Court

    • A.

      A. Be a member of a state bar

    • B.

      B. Be at least 25 years old.

    • C.

      C. be born in the United States

    • D.

      D. No specific requirement is mentioned.

    Correct Answer
    D. D. No specific requirement is mentioned.
    Explanation
    D. The constitution does not include any requirements for a Supreme Court Justice. There are also no requirements in the judiciary statutes.

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  • 13. 

     13. The courts are inundated with habeas corpus writs. The courts turn to Congress for help and ask them to suspend the writ for one year to allow them to get caught up. Can Congress do this?

    • A.

      A. Yes Article 1 gives the Congress the right to do this.

    • B.

      B. No, Only the president can do this

    • C.

      C. No Congress can suspend the writ but only in cases of rebellion or invasion

    • D.

      D. No Habeas corpus is a fundamental right and cannot be suspended.

    Correct Answer
    C. C. No Congress can suspend the writ but only in cases of rebellion or invasion
    Explanation
    C. Habeas Corpus, which requires that someone who is arrested be taken before a judge, can be suspended the Congress but only when there is a rebellion or an invasion. President Lincoln tried to suspend the right during the Civil War, but the Supreme Court said only Congress can do so.

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  • 14. 

    14. A writ of centiorari is employed

    • A.

      A. appealing to the supreme court

    • B.

      B. the police want to search one's home

    • C.

      C. obtaining an injunction to stop the implementation of a law

    • D.

      D. the president wants to send a judicial nominee to the Senate for confirmation

    Correct Answer
    A. A. appealing to the supreme court
    Explanation
    A. The writ of centiorari is the main way that cases go to the Supreme Court . The writ asks for Supreme Court review. Only a small percent of writs received by the Court are granted

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  • 15. 

    15. Judicial Review

    • A.

      A. is clearly supported in the Federalist Papers

    • B.

      B. was first applied to the Supreme Court in Marbury v. Madison

    • C.

      C. is explicitly defined in the constitution

    • D.

      D. was a power given to the Supreme Court by the Judiciary Act of 1789

    Correct Answer
    B. B. was first applied to the Supreme Court in Marbury v. Madison
    Explanation
    B. Judicial Review allows the courts to overturn a statute on the basis that it is not constitutional. Marbury v. Madison is the famous case in a decision by John Marshall that overturned a portion of the Judiciary Act of 1789 on the basis of its constitutionality, establishing the judicial review precedent for the court.

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  • 16. 

    16. Which of the following comes closest to defining stare decisis?

    • A.

      A. majority opinion of the Supreme Court

    • B.

      Precedent

    • C.

      C. legislative intent of a statute

    • D.

      D. dissenting opinion

    Correct Answer
    B. Precedent
    Explanation
    B. Stare decisis, meaning "let the decision stand", are decisions that act as precedent for future decisions. cases are cited by attorneys as precedents that the decision in their case should follow.

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  • 17. 

    17. Freedom of religion would protect which of the following against state interference?

    • A.

      A. polygamy practices of Mormons

    • B.

      B. the refusal of the Amish to allow their children to attend school after 8th grade

    • C.

      C. the use of deadly snakes in religious ceremonies

    • D.

      D. the failure of Christian Scientists to seek treatment by an M.D. for their children who have a serious condition.

    Correct Answer
    B. B. the refusal of the Amish to allow their children to attend school after 8th grade
    Explanation
    b. the court has ruled in all of these areas. The only one protected are the Amish, who do not have to send their children to school after the 8th grade (Wisconsin v. Yoder)

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  • 18. 

    18. Before a case can be heard by a court, it must have all but one of the following. The one condition that need not be present is.

    • A.

      A. two real parties

    • B.

      B. parties bust have a personal and substantial interest or injury

    • C.

      C. the case must be a real situation and not a hypothetical situation

    • D.

      B. the case must be based on common law.

    Correct Answer
    D. B. the case must be based on common law.
    Explanation
    D. All the conditions in A through C must be present before a court will consider a case. the case need not be a common law case but could be based upon statutory law. Statutory law is a law that is passed by the legislature Common law is a law that comes from judicial decisions.

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  • 19. 

    19. Someone gets married in Illinois and moves to Wisconsin. On what constitutional grounds is the marriage recognized?

    • A.

      A. full, faith, and credit

    • B.

      B. due process

    • C.

      C. equal protection

    • D.

      D. right of rendition

    Correct Answer
    A. A. full, faith, and credit
    Explanation
    A. States are required to give full, faith, and credit to papers and legal decisions made in other states. Marriage has generally been considered part of the full, faith, and credit provisions. Historically some states had refused to accept mixed racial marriages if their own state did not allow it. today, states may not accept same-sex marriage. The federal law known as the Defense of Marriage Act explicitly excludes same-sex marriage from the full, faith, and credits provision. However, it still remains to be seen whether the courts will accept this act as constitutional .

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  • 20. 

    20. Which of the following was the last to receive the right to vote in the United States?

    • A.

      A. Women

    • B.

      B. non-property owners

    • C.

      C. African Americans

    • D.

      D. youth ages 18 to 21 years old

    Correct Answer
    D. D. youth ages 18 to 21 years old
    Explanation
    D. Youth received the vote by constitutional amendment ratified in 1971 - the 26th Amendment . Women were granted the right to vote by the 19th Amendment, and African Americans by the 15th.

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  • 21. 

    21. Which of the following taxes would be most likely to be considered progressive?

    • A.

      A. property tax

    • B.

      B. sales tax.

    • C.

      C. income tax

    • D.

      D. cigarette tax

    Correct Answer
    C. C. income tax
    Explanation
    C. Progressive taxes that take a greater percent income from the rich than the poor. They are advocated based the principle of the "ability to pay." Of the taxes listed, the income tax with its graduated tax brackets is typically progressive. All the others are regressive. Few sales taxes are progressive - only those that exempt many necessities and also tax services such as attorney's fees that wealthy people use more tend to be.

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  • 22. 

    22. Open market operations in economic policy refer to which of the following.?

    • A.

      A. The buying and selling of securities by the Federal Reserve to affect the economy

    • B.

      B. the reduction in trade barriers to facilitate trade (for example, NAFTA)

    • C.

      C. the clearance of checks by the Federal Reserve.

    • D.

      D. the lending by the Federal Reserve to member banks who them make loans

    Correct Answer
    C. C. the clearance of checks by the Federal Reserve.
    Explanation
    A. Open market operations involve the buying and selling of securities by the Federal Reserve. An Open Market Committee of the Federal Reserve (also known as the Fed) Makes the Decision. Securities are sold to counter inflation and are bought to put more money in the economy to counter a recession.

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  • 23. 

    23. The scientific management school of public administration affected the organization of many cities. Its approach was based upon the conception of the city as.

    • A.

      A. a responsive mechanism; the need of the city to be responsive to all groups in a city.

    • B.

      B. a representative mechanism; the city must have on the council exact proportions of each major social group in the city

    • C.

      C. a service deliverer concerned with efficiency and economy of service provision

    • D.

      D. a holding corporation whose purpose is to contract with private business to provide services.

    Correct Answer
    C. C. a service deliverer concerned with efficiency and economy of service provision
    Explanation
    C. The scientific management school of public administration was aimed at developing organization and management that would achieve the goals of efficiency and economy. (A similar movement can be found in business administration.) In terms of cities, they viewed the city as delivering services, which would be done as efficiently as possible, and not making the same type of policy decisions found at the state and national levels. The city manager form of government was advocated by this school of thought.

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  • 24. 

    24. Which of the following describes the differences between Temporary Assistance to Needy Families (TANF) and the Aid to Families with Dependent Children (AFDC)?

    • A.

      A. TANK is entirely federal, while AFDC was a federal-state cooperative program

    • B.

      B. There was no time limit on receiving AFCD; for TANF, you can only receive funding for five years

    • C.

      C. AFDC did not go to non-citizens immigrants; TANF does include them

    • D.

      D. AFDC included the provision of child care; TANF does not.

    Correct Answer
    B. B. There was no time limit on receiving AFCD; for TANF, you can only receive funding for five years
    Explanation
    B. TANF's main feature is that welfare is limited to five years, although there can be some people exempt from this requirement. AFDC did not have any such time limit. AFDC sis go to immigrants, while TANF restricts immigrants, while TANF restricts immigrants who are not citizens from getting funding.

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  • 25. 

    25. Medicare does not use tax dollars from the general treasury for some of its programs. Other programs are restricted to amounts in the trust fund. For what are tax dollars used as a portion of the funding?

    • A.

      A. hospital payment

    • B.

      B. physicians and outpatient services

    • C.

      C. nursing homes for custodial care

    • D.

      D. experimental procedures.

    Correct Answer
    B. B. physicians and outpatient services
    Explanation
    B. Medicare's Part B, which goes for physician and other outpatient services, includes tax dollars. Three-fourths of the cost comes from genera taxes. Part A, which pays for hospital care, comes only from money in the trust fund, which people pay into while they are working. Custodial nursing home care is not covered by Medicare, nor are experimental procedures.

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  • 26. 

    26. On what basis does Medicare pay hospitals for the care of those covered by Medicare?

    • A.

      A. on the basis of what is charged

    • B.

      B. by establishing a grant to the hospital based upon how many Medicare patients are treated

    • C.

      C. by a price list for each service rendered (established by a national expenditure committee)

    • D.

      D. on the basis of a predetermined amount for the condition for which the person was admitted

    Correct Answer
    D. D. on the basis of a predetermined amount for the condition for which the person was admitted
    Explanation
    D. Since 1983 Medicare pays a specific sum based upon the condition for which the person was admitted. This system is called the Progressive Payment System (PPS) and bases its payment on a classification of illnesses called Diagnostic Related Groups (DRG). Which the former system of paying the individual's bill, physicians and hospitals were encouraged to keep patients longer. With the PPS system, early discharge is pushed.

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  • 27. 

    28. Following WWII, the United States instituted a massive effort to rebuild Europe. What is the name attached to this policy?

    • A.

      A. The Marshall Plan

    • B.

      NATO

    • C.

      C. SEATO

    • D.

      D. Point four

    Correct Answer
    A. A. The Marshall Plan
    Explanation
    A. The Marshall Plan called for the reconstruction of Europe to prevent Soviet incursion, Point Four was aimed at developing countries. The other two -- NATO and SEATO -- were collective security agreements.

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  • 28. 

    29. From recommendations of the 9/11 Commission, what change did Congress make in the U.S. national security structure?

    • A.

      A. Combined the CIA and NSA

    • B.

      B. made the National Security Council a cabinet department equal with State and Defense

    • C.

      C. created an independent office of Director Intelligence, a job previously performed by the director of the CIA

    • D.

      D. removed the counter-intelligence function from the FBI and gave it to the CIA

    Correct Answer
    C. C. created an independent office of Director Intelligence, a job previously performed by the director of the CIA
    Explanation
    C. A separate Director of Intelligence was created to coordinate the 15 agencies in the intelligence community. Prior to this time, the Director of the CIA was also the Director of Intelligence. However, it was argued that it was difficult to be director of one agency in the intelligence community while also coordinating all agencies, because, in doing the latter role, the individual had little power. In establishing the new office, there was conflict over whether to give the new director personnel and budget authority. The final bill establishes limited budget authority.

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  • 29. 

    30. Which of the following is not a statutory member of the National Security Council?

    • A.

      A. vice president

    • B.

      B. secretary of state

    • C.

      C. secretary of defense

    • D.

      D. chairman of the Joint Chiefs of Staff

    Correct Answer
    D. D. chairman of the Joint Chiefs of Staff
    Explanation
    D. The National Security Council was established in 1947 to ensure that both military and diplomatic viewpoints were heard in making foreign policy. The Statutory membership is limited. Others can be invited by the president to participate. For example, the secretary of the Treasury is often involved although not a statutory member. During the Ford Administration, legislation was enacted to add the Treasury Secretary, but President Ford vetoed it, stating that he did not want to make the group too large. The chairman of the Joint Chiefs of Staff and the assistant to the president for national security affairs are both advisory and not statutory members.

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  • 30. 

    31. Which of the following statements is correct regarding the War Powers act?

    • A.

      A. The Supreme court has overturned the act as violating the president's commander in chief powers.

    • B.

      B. Sanctions for violating the War Powers Act is a fine of $10,000 or imprisonment for not more than ten years.

    • C.

      C. Presidents must seek a resolution from Congress to continue military action more than 60 days (90 if its is necessary to get the troops out safety)

    • D.

      D. The Act only allows a president to take defensive military actions without a resolution of approval from the congress.

    Correct Answer
    C. C. Presidents must seek a resolution from Congress to continue military action more than 60 days (90 if its is necessary to get the troops out safety)
    Explanation
    C. The War powers Act was enacted in 1973 over the veto of President Nixon. It allows the president to engage in military actions (Also instituted if troops are moved into harm's way) for 60 days (90 to get troops out safely)
    The Congress must pass a resolution or the troops must come out. The Court has said that an appropriation to support the action constitutes a resolution supporting the engagement. The Supreme Court has never ruled on the constitutionality of the act, and there are no penalties specified in the act. Several presidents have questioned the constitutionality of the act but followed it.

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  • 31. 

    32. In the war on poverty, what did maximum feasible participation mean?

    • A.

      A. the poor would serve on Community Action Agency (CAA) boards to develop community programs

    • B.

      B. the poor must receive services regardless of race or religion.

    • C.

      C. Local governments must contribute the maximum percent of the cost of the program in order to be entitled to receive any federal funds.

    • D.

      D. CAA boards must be elected in community elections with efforts made to maximize turnout.

    Correct Answer
    A. A. the poor would serve on Community Action Agency (CAA) boards to develop community programs
    Explanation
    A. Maximum feasible participation was on of the most controversial aspects of the war on poverty. Its intent was to involve clients - the poor- in the development of community programs. It was a fundamental shift in philosophy of having the programs developed for the poor by the middle class reformers. The argument was that the poor knew the most about their problems, involvement would encourage a sense of community, and there would be more acceptance of programs they developed themselves. CAP boards challenged local government, which resulted in significant controversy for the program. Daniel Patrick Moynihan, political scientist and later senator from New York, wrote a book on the subject titled Maximum Feasible Misunderstanding.

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  • 32. 

    33. What was the purpose of the Federalist Papers?

    • A.

      A. to end slavery

    • B.

      B. to convince conventions in the states to ratify the Constitution

    • C.

      C. to serve as the original party platform of Washington and Adams, laying out their plans for the new nation

    • D.

      D. to propose President Franklin D. Roosevelt's New Deal

    Correct Answer
    B. B. to convince conventions in the states to ratify the Constitution
    Explanation
    B. The Federalist Papers were written by Jay, Hamilton, and Madison. It was a series of newspaper pieces to encourage the ratification of the new constitution.

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  • 33. 

    34.  In Congressional elections, party loyalty is a variable that describes the largest percent of the vote. When someone votes for a candidate of the party opposite their party identification, what is the most frequent explanation for that vote?

    • A.

      A. personality of the candidate.

    • B.

      B. issues raised in the election

    • C.

      Incumbency

    • D.

      D. the state of the economy.

    Correct Answer
    C. Incumbency
    Explanation
    C. Incumbency has been a powerful force in congressional elections. Deviations from party go overwhelmingly to the incumbent. The incumbent typically has more money to spend, has the experience of past campaigns, has performed consistent service, and is better known than the challenger.

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  • 34. 

    36. Well known in American political history is the spoils system. What is it?.

    • A.

      A. the allocation of projects to districts of powerful members of Congress.

    • B.

      B. the expiration of programs after a specified time

    • C.

      C. contracts given to large private corporations

    • D.

      D. jobs given to supporters of winning candidates.

    Correct Answer
    D. D. jobs given to supporters of winning candidates.
    Explanation
    D. The spoils system is based on the idea that jobs are given to supporters of the winning candidate. "To the victor belongs the spoils" is not dead, but such patronage has been reduced on the national level by civil service reforms, beginning with the Pendleton Act in 1883 that followed the assassination of President Garfield by a disappointed office seeker. State and local government have civil service systems that vary in the completeness of their coverage.

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  • 35. 

    37. Concerning economic inequality in the United States, which of the following is correct?

    • A.

      A. The distribution of income has become more unequal in the last two decades.

    • B.

      B. The Distribution of income has remained relatively constant over the last two decades

    • C.

      C. The distribution of income has become more equal in the last two decades

    • D.

      D. The distribution is represented by a cycle - more unequal for a decade, and then more equal for the subsequent decade.

    Correct Answer
    A. A. The distribution of income has become more unequal in the last two decades.
    Explanation
    A. Income distribution has become more unequal. This was a focus of a recent American Political Science Association Task Force. Inequality can be shown on a Lorenz curve, which now bows further out, representing greater inequality. The area under the curve is measured by the Gini coefficient, which is an index of income inequality ranging between 0 (perfect equality) and 1 (absolute inequality)

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  • 36. 

    38. The District of Columbia does not have voting representation in the Congress. Because the electoral votes are allocated based upon the number in the Congressional delegate, can they provide votes in the Electoral College?

    • A.

      A. No. They have argued to be included for many years.

    • B.

      B. Yes. The District's population is included with Maryland's for the purpose of voting for president.

    • C.

      C. Yes. They have been given electoral votes equal to that of the smallest state (which is three)

    • D.

      D. Yes. They are given electoral votes based upon their population, just like a state.

    Correct Answer
    C. C. Yes. They have been given electoral votes equal to that of the smallest state (which is three)
    Explanation
    C. The District of Columbia secured the right to vote for president by the 23rd Amendment in 1961. The Number of votes is specified as equal to that of the smallest state.

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  • 37. 

    39. President Clinton was impeached by the House of Representatives but not convicted by the Senate. Could the federal prosecutor have indicated him on the same charges on which he was found innocent in the Senate trial?

    • A.

      A. No. This would amount to double jeopardy

    • B.

      B. No. The Constitution specifically prohibits civilian trials of public officials found not guilty at impeachment trials.

    • C.

      C. Yes. But only if the Senate approves by a two-thirds vote.

    • D.

      D. Yes, The Constitution specifically says that a person found guilty by the Senate can be subject to trial by law. By extension, a person found innocent could as well.

    Correct Answer
    D. D. Yes, The Constitution specifically says that a person found guilty by the Senate can be subject to trial by law. By extension, a person found innocent could as well.
    Explanation
    D. The constitution (Article I, Section 3) specifically allows a person to be charged and tried for a crime even if he has been impeached. This has occurred with federal judges.

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  • 38. 

    40. Concerning affirmative action in college admissions decisions, what has the Supreme Court ruled?

    • A.

      A. That affirmative action is permissible if done in a systematic way, such as adding points to a minority's application for admission to school.

    • B.

      B. That affirmative action is discriminatory and cannot be used

    • C.

      C. That affirmative action is permissible, and race can be taken into account in making admissions decisions.

    • D.

      D. Affirmative action is permissible but must be limited to encourage minority applicants to apply and cannot be used for the final admission decision.

    Correct Answer
    C. C. That affirmative action is permissible, and race can be taken into account in making admissions decisions.
    Explanation
    C. Since the Bakke case, the Supreme Court has allowed affirmative action. However, they have states that there cannot be quotas or adding a specific number of points to a minority's application. The latter was a focus of the University of Michigan affirmative action decisions (Gratz v. Bollinger and Grutter v. Bollinger) D. is not correct because the court did not limit affirmative action to simply encourage applicants; it can be used as a factor in making decisions. In the two University of Michigan cases cited (those involving Bollinger), the Supreme Court

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  • 39. 

    41.  Realigning election means

    • A.

      A. that groups switch parties, and a new party comes out with a majority.

    • B.

      B. that an election has high turnout

    • C.

      C. that an election has many competitive states (Battleground states)

    • D.

      D. that a third party wins the election, changing the party system.

    Correct Answer
    A. A. that groups switch parties, and a new party comes out with a majority.
    Explanation
    A. Realigning elections have been extensively discussed in the party literature in the party literature. Clearly, 1932 was a realigning election. Speculation is that the election of George W. Bush could represent another, but we have not seen the massive change that occurred in previous realigning periods and it is uncertain whether the realignment will be long term.Some political scientists are considering this a realignment, while others are not sure.

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  • 40. 

    42. What is the constitutional reason limiting the regulation of spending by campaigns?

    • A.

      A. Elections are described in the Constitution and the addition of regulations would amount to adding provisions to the Constitution.

    • B.

      B. Limited spending would limit the right of association.

    • C.

      C. Money is free speech and you can't limit free speech.

    • D.

      D. There is no constitutional reason. It is rarely been done because of political opposition.

    Correct Answer
    C. C. Money is free speech and you can't limit free speech.
    Explanation
    C. The Supreme Court in Buckley v. Valeo limited the regulations of money in campaigns, arguing that to control spending would be tantamount to controlling speech, which is protected by the 1st amendment.

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  • 41. 

    43. What was the literacy test?

    • A.

      A. The requirement under the No Child Left Behind Act that must be met for a school not to be labeled a "failing school"

    • B.

      B. a test that must be passed to vote in a number of states before being outlawed. It frequently was used to deny blacks the right vote.

    • C.

      C. legislation that was ruled unconstitutional in 1920 that all individuals elected to Congress must be able to read and write

    • D.

      D. a requirement of immigrants in a number of states to be eligible for several benefit programs. The requirement is that they be literate in English. This is a backdoor method of declaring English as the nation's language.

    Correct Answer
    B. B. a test that must be passed to vote in a number of states before being outlawed. It frequently was used to deny blacks the right vote.
    Explanation
    B. The literacy test. among other means, was used by a number of states to keep blacks from voting. It tended to be implemented in an inequitable way. Whites were given simple tests, while blacks were given tests that required knowing the provisions of their states constitutions. The 1965 Voting Rights Act suspended the test in many states, and this was extended in the 1970 Voting Rights Act.

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