FSOT FSOT Prep Test

The precursor to the Constitution was known as the Articles of Confederation.

2/3 majority in both houses (Article I, Section 7)

Due to an ever-increasing population, Congress voted in 1929 to cap the number of Representatives to 435. Thus, the population of the U.S. is divided by 435 to determine the number of people per each Representative, and then apportioned accordingly. Based on 2000 census data, the current population ratio per representative is 1 for every 646,000 citizens. If the current formula of one rep for every 30,000 citizens (as stated in Article I, Section II) was followed, the number of representatives currently in the House would be over 10,200.

There is no limit specified in the Constitution. In U.S. Term Limits v. Thornton (1995), the Supreme Court ruled that States may not limit the terms of Congressional members. Robert Byrd from West Virginia served a total of 57 years in Congress before his death in 2010; he is the longest-serving member to date.

100, 2 from each of the 50 states. (Article I, Section III)

Ex post facto laws make a criminal action retroactive or increase the penalty retroactively. Ex post facto laws are prohibited under Article I, Section IX.

U.S. Senators are elected for 6 year terms, though they may serve multiple terms if reelected. (Article I, Section III)

True. (Article I, Section III) The convicted official is also subject to criminal prosecution if warranted, although this is carried out through the Judaical system and not Congress. (Article I, Section III)This not does violate double jeopardy laws, as impeachment does not count as a criminal proceeding.

According the the Constitution, impeachable crimes are treason, bribery, and high crimes and misdemeanors. Civil officers can not be impeached for politically unpopular or controversial actions that were not in violation of law.

Impeachment procedures are set forth in the original Constitution, immigration and naturalization procedures were set forth in the 14th Amendment. Slavery was abolished in the 13th amendment. Voting was the topic of the 17th, 19th, 24th, and 26th amendments.

False. The Electoral College elects the President, not the people. When you cast a vote in a presidential election, you are voting for an electoral college representative to cast a vote for President. (Article II, Section I) Presidents are not determined by popular vote.

The Vice President is the President of the Senate, though he does not get a vote except in cases of ties. (Article I, Section III)

3/5 (Article I, Section II)

The current Chief Justice of the Supreme Court is John G. Roberts, Jr. This can be determined by the fact that his name is the first option listed and the only one that includes the title of Chief Justice. The other options are all names of previous or current Supreme Court justices, but not the current Chief Justice.

Representatives must be at least 25 years old, a citizen of the U.S. for at least 7 years, and reside in the State they are elected from. (Article I, Section II)

House of Representatives(Article I, Section 7)

The House of Representatives. (Article II, Section I) This has occurred twice, with Thomas Jefferson in 1801, and John Quincy Adams in 1825. In the 2000 Bush/Gore election, there was not an electoral tie, but a debate on vote-counting procedures that was decided by the Supreme Court.

The U.S. Supreme Court ruled that a line item veto is unconstitutional in Clinton v. New York (1998), even though a Congressional act approving the practice was passed in 1996. For the President to exercise line-item veto power, a constitutional amendment would be needed.

The court case of Marbury v. Madison (1803) established the new concept of judicial review. Judicial review is the power of the courts to review and determine the constitutionality of laws and actions taken by the government. In this case, the Supreme Court asserted its authority to declare acts of Congress unconstitutional, thus establishing the principle of judicial review as a crucial aspect of the American legal system. This landmark decision solidified the role of the judiciary as a check on the other branches of government and has had a significant impact on the interpretation and application of the Constitution.

Only Representatives were directly elected by the people under the original Constitution. Senators were elected by state legislatures prior to the 17th Amendment, the President is elected by the Electoral College, and members of the Judicial branch are appointed.

The Speaker of the House. (25th Amendment) The line of succession begins: Vice-President, Speaker of the House, president pro tempore of the Senate, Secretary of State, and then continues down the Cabinet.

The U.S. Constitution was ratified in 1787. This was the year when the delegates from the thirteen original colonies met in Philadelphia to draft the Constitution. It was then ratified by the states in subsequent years, officially establishing the framework for the American government. The Constitution replaced the Articles of Confederation and provided a stronger central government while also protecting the rights of individual citizens.

Two thirds of the Senate. (Article I, Section III)

appointed by President, confirmed by Senate (Article II, Section II).

The Full Faith and Credit Clause is the name given to Article IV, Section I, which orders that states must recognize each others judicial proceedings, public acts, and records. The Emolument Clause (Article I, Section IX, Clause VIII) states that no titles of nobility can be granted within the US; the Necessary and Proper Clause (Article I, Section VIII, Section XVIII)gives Congress power to make laws; the Contracts Clause (Article I, Section X, Clause I) lists what types of activities states are prohibited from engaging in, such as coining money or foreign trade agreements.

True. (Article II, Section III)

Article I, Section II states that vacant House seats are filled by special election in that congressional district.

The Great Compromise (also known as the Connecticut Compromise or Sherman's Compromise) was an agreement between small and large states that provided population based representation in the House of Representatives (vital to heavily populated states such as New York), and equal representation in the Senate (for smaller, less populous states like Delaware).

the courts show just cause for a person's arrest and detention. (Article I, Section IX)

Election Day in the United States is the day set by law for the election of public officials. It occurs on the first Tuesday in November, but never November 1. The earliest possible date is November 2 and the latest possible date is November 8. (Source: Wikipedia)

While the Census Bureau does collect population demographics in order to better understand who makes up the United States, this is not the reason the Founders put this provision in the Constitution. The main reason is to determine the apportionment of seats in the House of Representatives. (Article I, Section II)

The President must be at least 35-years-old, natural born citizen, 14 years' resident in U.S. (Article II, Section I)

Congress is responsible for forming the court system (Article III, Section I). The President appoints the judges, which must be approved by Congress. (Article II, Section III)

False. Only 2/3 of the Senate must approve treaties. (Article II, Section II)

A U.S. Senator must be at least 30-years-old, a citizen of the U.S. for 9 years, and a resident of the state he or she was elected from. Previous felony convictions do not bar Senators from serving under the U.S. Constitution. (Article I, Section III)

The Constitution only bars presidential pardons from being used in cases of impeachment. Nothing bars the president from using pardon powers for family members and politically motivated acts, although hopefully, common sense does. (Article II, Section III)

Due to an ever-increasing population, Congress voted in 1929 to cap the number of Representatives to 435. Thus, the population of the U.S. is divided by 435 to determine the number of people per each Representative, and then apportioned accordingly. Based on 2000 census data, the current population ratio per representative is 1 for every 646,000 citizens. If the original formula of one rep for every 30,000 citizens (as stated in Article I, Section II) was followed, the number of representatives currently in the House would be over 10,200.

The Vice-President of the U.S. is also President of the Senate. The president pro tempore (literally, president for a time) is chosen by the Senate and presides when the Vice President is absent (Article I, Section III). The president pro tempore is also third in the line of succession to the Presidency of the U.S. This is not to be confused with the position of Senate Majority Leader, which is the political head of the Senate. He or she determines legislative strategy and is often the most powerful officer in the Senate.

A petition for a writ of certiorari is how appellate cases get heard in the Supreme Court. Either party in the lawsuit can petition the Supreme Court to hear the case under appellate jurisdiction. The Court is not required to take the case, and in fact only takes about 1% of cases for which a petition is filed.

The House of Representatives. The House initiates the impeachment, and the Senate decides guilt or innocence. (Article I, Section II and III)

The Supreme Court can only try real cases and does not offer advisory opinions to government officials. The Constitutional Convention members specifically rejected proposals to allow for advisory opinions. (Article III, Section II)

The Full Faith and Credit Clause is the name given to Article IV, Section I, which orders that states must recognize each others judicial proceedings, public acts, and records.

Answer 2 is made up; answer 3 is from the First Amendment to the Constitution, answer 4 is from the Bill of Rights. Answer 1 is from the Preamble to the Constitution.

Between the years of 1774 and 1789, the U.S. was governed by the unicameral Continental Congress (between the years of 1781-89, it was known as the Confederation Congress). The Constitution established the bicameral Congress, Presidency, and federal judicial branches we have today.

True. According to Article I, Sections II & III, each state receives 2 Senators and at least 1 Representative in the House, based on population. As of 2000, 7 states had only 1 Representative (AK, MT, WY, SD, ND, DE, VT).

In the Alaska case, states are prohibited from discriminating against citizens of other states without justification (Article IV, Section II). The pipeline example is actually a case brought to the Supreme Court (Hicklin v. Orbeck, 1978), which ruled that to violate the Privileges and Immunities Clause, a the reason had to "constitute a peculiar source of evil at which the statute is aimed."
The Hispanic citizen and her children protected under the 14th Amendment, which provides equal protection under the law, so denying them equal access to education (something the Supreme Court has ruled as a right for children) is in violation of the 14th Amendment.
The public high school teacher is in violation of the 1st Amendment -see Supreme Court case Edwards v. Aguillard (1987) - because the state would be favoring one religion (Christianity)over another.
However, in the case of the Baptist church, religious organizations are allowed to discriminate on a basis of religion (and only religion) in hiring practices due to their right to exercise free religion, even when those positions they are hiring for are nonreligious in nature. See Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Amos,(1987).

In the original Constitution, U.S. Senators were to be elected by the State Legislature of the state they were serving from. The 17th Amendment changed this procedure so as to have Senators elected by popular vote.

Only the President may enter into treaties with foreign nations (although these must be ratified by the Senate). All other powers listed were given to Congress in Article I, Section VIII

Impeachment occurs when a civil officer is accused of wrong doing by the House of Representatives. They are then tried in the Senate, and if convicted are removed from office. Since 1789, 19 federal officers have been fully impeached, 7 have been convicted.

True. Legislation must originate in one of the houses of Congress.