FSOT : Trivia Questions On U.S. Government! Quiz

1. How many Representatives are in the U.S. House of Representatives?

180

275

435

489

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.

Explanation

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.

2. The precursor to the current Constitution was known by what name?

Articles of Confederation

The States' Compact

The Magna Carta

The Great Charter

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

Explanation

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

3. Presidential vetoes can be overcome by:

Nothing. A Presidential veto is binding.

A 2/3 majority in both houses in Congress.

A popular state referendum where more than 2/3 of the states pass the bill.

A popular election where more than 2/3 of Americans pass the bill.

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

Explanation

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

4. Ex post facto laws are prohibited in Article I, Section IX of the Constitution. Which of the following is an example of an ex post facto law?

Amanda is arrested for a crime she did not commit and held without bail until her trial.

Kevin is convicted of arson and the court orders his house to be burned down as restitution.

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.

Explanation

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.

5. What is the maximum number of terms that a member of Congress may serve?

2 terms

4 terms

8 terms

No limit

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.

Explanation

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.

6. How many Senators are in the U.S. Senate?

50

100

150

250

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

Explanation

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

7. Which of the following term lengths is mismatched with its office?

2 years - House of Representatives

4 years - U.S. Senate

4 years - U.S. Presidency

6 years - U.S. Senate

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

Explanation

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

8. Under the original Constitution, slaves counted as ________ a person.

1/2

3/4

3/5

7/8

3/5 (Article I, Section II)

Explanation

3/5 (Article I, Section II)

9. True or False: Because our country is a democracy, the President of the United States is chosen directly by the people.

True

False

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.

Explanation

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.

10. Who is President of the Senate?

The president pro tempore

The Senate Majority Leader

The Vice President of the United States

The House Majority Leader

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)

Explanation

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)

11. Which of the following crimes is NOT an impeachable offense?

Federal Judge A was found to have accepted a bribe.

Federal Judge B was found to have knowingly leaked national security information.

Federal Judge C was tried and convicted on felony drug charges.

Federal Judge D was found to have knowingly ruled on a controversial court decision before his federal appointment.

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.

Explanation

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.

12. More Constitutional amendments have dealt with ______________ than any other specific issue.

Impeachment

Immigration and naturalization

Voting

Slavery

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.

Explanation

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.

13. What happens to a civil officer who is found guilty during an impeachment trial?

They are removed from office, but not subject to criminal penalties due to double jeopardy laws.

They are removed from office, and subject to criminal investigation.

They are removed from office, and subject to a military tribunal.

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.

Explanation

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.

14. The court case of Marbury v. Madison (1803) established the new concept of:

Judicial review

Appellate jurisdiction

Judicial precedent

Separate-but-equal

The court case of Marbury v. Madison (1803) established the new concept of judicial review. This means that the Supreme Court has the power to review and declare laws or actions of the legislative and executive branches as unconstitutional. This landmark case solidified the Court's role as the ultimate interpreter of the Constitution and helped establish the system of checks and balances in the United States government.

Explanation

The court case of Marbury v. Madison (1803) established the new concept of judicial review. This means that the Supreme Court has the power to review and declare laws or actions of the legislative and executive branches as unconstitutional. This landmark case solidified the Court's role as the ultimate interpreter of the Constitution and helped establish the system of checks and balances in the United States government.

15. All bills for raising revenue must originate where?

In the House of Representatives

In the Senate

In the White House

In a joint session of Congress

House of Representatives(Article I, Section 7)

Explanation

House of Representatives(Article I, Section 7)

16. An impeached civil officer, such as the President of the United States, is found to be guilty if _______ of the Senate vote that he is guilty.

1/2

2/3

3/4

It must be unanimous.

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

Explanation

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

17. If the Electoral College reaches a tie during a Presidential race, the winner is determined by:

The candidate who received the most popular votes.

A run-off election.

A special vote of the House of Representatives, with each state getting one vote.

The candidate who won the most states overall in the election, regardless of electoral value.

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.

Explanation

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.

18. The "Great Compromise" refers to what?

An agreement allowing slave holding states to join the Union.

An agreement providing for population-based representation in the House and equal representation in the Senate.

An agreement allowing blacks, but not women, to vote.

An agreement allowing Indian tribes to remain sovereign entities on Federal land.

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).

Explanation

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).

19. True or False: The President of the United States has line-item veto power.

True

False

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.

Explanation

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.

20. The current Chief Justice of the Supreme Court is:

John G. Roberts, Jr.

Antonin Scalia

Anthony Kennedy

Ruth Bader Ginsburg

John G. Roberts, Jr. is the correct answer because he is the current Chief Justice of the Supreme Court. He was appointed to this position in 2005 by President George W. Bush. Roberts has been serving as the Chief Justice for over 15 years and is responsible for leading the court and making important decisions on legal cases.

Explanation

John G. Roberts, Jr. is the correct answer because he is the current Chief Justice of the Supreme Court. He was appointed to this position in 2005 by President George W. Bush. Roberts has been serving as the Chief Justice for over 15 years and is responsible for leading the court and making important decisions on legal cases.

21. The requirements to be elected President of the United States are:

Be at least 35-years-old, a natural-born citizen of the U.S., and lived in the United States for 20 years.

Be at least 35-years-old, a natural-born citizen of the U.S., and lived in the United States for 14 years.

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

Explanation

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

22. The U.S. Constitution was ratified in what year?

1774

1776

1787

1796

The U.S. Constitution was ratified in 1787. This was the year when the Constitutional Convention took place in Philadelphia, Pennsylvania, and the delegates from each state came together to draft and approve the Constitution. The Constitution established the framework for the American government, outlining the powers and limitations of each branch, as well as the rights and freedoms of the citizens. Ratification of the Constitution by the states was a crucial step in the formation of the United States as a nation.

Explanation

The U.S. Constitution was ratified in 1787. This was the year when the Constitutional Convention took place in Philadelphia, Pennsylvania, and the delegates from each state came together to draft and approve the Constitution. The Constitution established the framework for the American government, outlining the powers and limitations of each branch, as well as the rights and freedoms of the citizens. Ratification of the Constitution by the states was a crucial step in the formation of the United States as a nation.

23. What are the qualifications to be elected to the U.S. House of Representatives?

At least 25-years-old, a natural-born citizen of the United States, living in the state he or she is elected from

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)

Explanation

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)

24. Supreme Court Justices are:

Appointed by the President, confirmed by both houses of Congress

Appointed by the President, confirmed by the House of Representatives

Appointed by the President, confirmed by the Senate

Appointed by the President, confirmed by the other members of the Supreme Court

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

Explanation

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

25. Under the original Constitution, only one branch of government was designed to be directly elected by the people. What branch was this?

The House of Representatives

The Senate

The Presidency

Federal Judges

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.

Explanation

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.

26. How are vacancies in the U.S. House of Representatives filled?

By special election

By gubernatorial appointment

By presidential appointment

By the runner-up in the previous election

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

Explanation

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

27. What are the qualifications to be elected to the U.S. Senate?

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)

Explanation

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)

28. True or False: Giving an annual State of the Union to Congress is constitutionally required of the President.

True

False

True. (Article II, Section III)

Explanation

True. (Article II, Section III)

29. What are the 5 reasons listed in the Preamble of the Constitution for the formation of the Constitution?

Establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty.

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.

Explanation

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.

30. Election Day is:

The first Tuesday in November

The first Tuesday in November that does not fall on November 1.

The second Monday in November

The third Wednesday in November, provided that Congress is not in session.

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)

Explanation

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)

31. After the Vice-President, the next in line for the Presidency upon the President's death or disability is:

The Senate Majority Leader

The Speaker of the House

The Secretary of State

The president pro tempore of the Senate

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.

Explanation

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.

32. If a couple marries in Nevada, and then divorces in Tennessee, what clause of the Constitution allowed these proceedings to be recognized across state lines?

Emolument Clause

Full Faith and Credit Clause

Necessary and Proper Clause

Contracts Clause

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.

Explanation

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.

33. What government body has the sole power to initiate impeachment of a federal official?

The House of Representatives

The Senate

The Supreme Court

The Department of Justice

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

Explanation

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

34. Habeas corpus is protected by the Constitution in Article I, Section IX. Habeas corpus requires that:

A person must be read his/her rights while being arrested.

An individual who is arrested must be provided with access to representation.

The courts, on demand, show just cause for a person's arrest and detention.

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

Explanation

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

35. A petition for a writ of certiorari is:

A petition made by a court to a party to cease and desist an activity under threat of legal penalty.

A petition made by a party in a lawsuit asking the Supreme Court to review the case under appellate jurisdiction.

A petition made by the defendant in a lawsuit that requires the plaintiff to show just cause for the lawsuit.

A petition made by a party that was convicted requesting to have the court record expunged.

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.

Explanation

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.

36. Prior to the Seventeenth Amendment, how were U.S. Senators elected?

Elected by popular vote

Appointed by State governors

Elected by State legislatures

Appointed by the President

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.

Explanation

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.

37. The Constitution requires a census to be undertaken every ____ years to determine_____.

10 years; apportionment in the House of Representatives

10 years; population demographics

20 years; apportionment in the House of Representatives

20 years; population demographics

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)

Explanation

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)

38. The President has ________ day(s) (excluding Sundays) to veto a bill.

1

7

10

30

10 days,excluding Sundays (Article I, Section 7)

Explanation

10 days,excluding Sundays (Article I, Section 7)

39. In years between the Declaration of Independence and the Constitution being ratified, the United States was governed by which body?

A unicameral Congress

The Presidency, under George Washington

A bicameral Congress

There was no federal government during these years.

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.

Explanation

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.

40. A President could grant a pardon to all of the following people EXCEPT:

A federal judge he appointed who has just been impeached.

A Wall Street CEO who was convicted of embezzling taxpayer money under the TARP program.

The former head of his political party, who was convicted of extortion in a criminal trial.

His daughter, who was convicted of manslaughter while drunk driving.

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)

Explanation

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)

41. A formerly uninhabited part of the country has experienced a population boom in recent years following the discovery of gold there. Government officials need to set up a federal district court in the region to maintain law and order. Who is responsible for authorizing the new federal courts?

The President authorizes the courts and appoints new judges.

Congress authorizes the courts; the President appoints new judges, which Congress must approve.

The Supreme Court authorizes the courts; the President appoints new judges, which Congress must approve.

Congress authorizes the courts; the President appoints new judges, which the Supreme Court must approve.

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)

Explanation

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)

42. True or False: A State can have more Senators than Representatives.

True

False

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).

Explanation

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).

43. True or False: Both Houses in Congress must approve treaties made by the President.

True

False

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

Explanation

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

44. According to the Constitution, who presides over the Senate when the Vice-President is absent?

The President of the Senate

The president pro tempore

The Senate Majority Leader

The Senate Minority Leader

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.

Explanation

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.

45. The constitutionality of the Defense of Marriage Act, signed into law by Bill Clinton in 1996, is currently being questioned due to what Constitutional provision?

Uniformity Clause

Citizenship Clause

Full Faith and Credit Clause

Obligation of Contracts Clause

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.

Explanation

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.

46. U.S. Representatives in the House of Representatives are currently apportioned according to which formula?

One Representative per 30,000 citizens

One Representative per 30,000 citizens, with slaves counting at 3/5 a person

The population of the U.S. at the last census, divided by 50

The population of the U.S. at the last census, divided by 435

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.

Explanation

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.

47. How are vacancies in the U.S. Senate filled?

By special election

By gubernatorial appointment

By presidential appointment

By the runner-up of the previous election

Article I, Section III states that U.S. Senate vacancies are appointed by the governor.

Explanation

Article I, Section III states that U.S. Senate vacancies are appointed by the governor.

48. During a session of Congress, neither house may adjourn for more than _____ without consent of the other.

1 day

3 days

7 days

14 days

3 (Article I, Section 5 )

Explanation

3 (Article I, Section 5 )

49. Which of the following is NOT a power granted to Congress under the Constitution?

To borrow money on the credit of the United States

To negotiate treaties with foreign nations

To negotiate commerce with foreign nations

Establish immigration and naturalization laws

To coin money

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

Explanation

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

50. True or False: The President has no authority to introduce legislation on Capitol Hill.

True

False

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

Explanation

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

51. Congress must meet at least ______ time(s) per year.

1

2

3

There is no minimum requirement

once (Article I, Section 4). Currently, Congressional Sessions begin each year on January 3, as set forth in the 20th Amendment.

Explanation

once (Article I, Section 4). Currently, Congressional Sessions begin each year on January 3, as set forth in the 20th Amendment.

52. Which one of these common phrases is actually attributed to the Constitution?

"no taxation without representation"

"of the People, by the People, for the People"

"innocent until proven guilty"

"cruel and unusual punishment"

"No taxation without representation" was a political slogan coined in 1764, and can currently be seen on license plates in the Washington DC area. It does not appear in the Constitution.
The phrase "of the People, by the People, for the People" is from the Gettysburg address. "Innocent until proven guilty", while the basis of our legal system, is not codified in the Constitution. "Cruel and unusual punishment" appears in the 8th Amendment.

Explanation

"No taxation without representation" was a political slogan coined in 1764, and can currently be seen on license plates in the Washington DC area. It does not appear in the Constitution.
The phrase "of the People, by the People, for the People" is from the Gettysburg address. "Innocent until proven guilty", while the basis of our legal system, is not codified in the Constitution. "Cruel and unusual punishment" appears in the 8th Amendment.

53. A congressional committee wants to know the constitutionality of a bill they are considering passing. Can the committee receive advice from the Supreme Court on this matter?

Yes

No

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)

Explanation

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)

54. Which of the following cases would the federal court system have original jurisdiction over?

A citizen of New York is filing bankruptcy.

All of the above.

All of the above. Article III, Section II states the federal judicial power extends to cases involving citizens of different states, between a citizen of the United States, and any cases involving bankruptcy (because bankruptcy laws are federal laws and not state laws).

Explanation

All of the above. Article III, Section II states the federal judicial power extends to cases involving citizens of different states, between a citizen of the United States, and any cases involving bankruptcy (because bankruptcy laws are federal laws and not state laws).

55. Which of the following Supreme Court cases are incorrectly matched?

Texas v. Johnson - burning the flag is protected by First Amendment rights

McCulloch v. Maryland - The Federal Government may adopt a loose constructionist attitude toward the Constitution.

Mapp v. Ohio - evidence obtained through a search that violates the Fourteenth Amendment is inadmissible in court.

Clinton v. City of New York established that the line-item veto is unconstitutional. The case referring to executive privilege is United States v. Nixon.

Explanation

Clinton v. City of New York established that the line-item veto is unconstitutional. The case referring to executive privilege is United States v. Nixon.

56. In Dred Scott vs. Sandford (1857), the Supreme Court found that:

Congress must allow a state to choose if they want to outlaw slavery.

The Supreme Court's decision in Dred Scott vs. Sandford (1857) stated that Congress could not forbid slavery in the Western U.S. territories. This was because doing so would deprive slaveholders of their property without due process. The Court argued that slaves were considered property, and the Fifth Amendment protected property rights. Therefore, Congress did not have the authority to pass laws that would infringe upon those rights. This decision further solidified the institution of slavery and limited the power of Congress to regulate it in the territories.

Explanation

The Supreme Court's decision in Dred Scott vs. Sandford (1857) stated that Congress could not forbid slavery in the Western U.S. territories. This was because doing so would deprive slaveholders of their property without due process. The Court argued that slaves were considered property, and the Fifth Amendment protected property rights. Therefore, Congress did not have the authority to pass laws that would infringe upon those rights. This decision further solidified the institution of slavery and limited the power of Congress to regulate it in the territories.

57. Defense appropriations made by Congress are only valid for how long?

1 year

2 years

3 years

5 years

In order to help prevent the U.S. from engaging in long-term conflicts, defense appropriations must be approved every two years. (Article I, Section 8)

Explanation

In order to help prevent the U.S. from engaging in long-term conflicts, defense appropriations must be approved every two years. (Article I, Section 8)

58. "Impeachment" is:

The process by which a civil officer is accused of wrongdoing.

The process by which the President is removed from office.

The process by which an elected official is prosecuted by a federal judge.

The process by which Congress screens Supreme Court nominees.

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.

Explanation

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.

59. After a brutal civil war, the southern most province of the island nation of Atlantica has seceded from the rest of the country and declared independence. Which branch of the U.S. Government has the ability to officially recognize this new country?

I. Legislative
II. Executive
III. Judicial

I only

II only

III only

I and II

II and III

The executive branch, with the President as head and the Secretary of State under him/her, determines foreign policy. The Senate must ratify any treaties the US makes with a country, but the President has sole discretion when it comes to other foreign policy questions.

Explanation

The executive branch, with the President as head and the Secretary of State under him/her, determines foreign policy. The Senate must ratify any treaties the US makes with a country, but the President has sole discretion when it comes to other foreign policy questions.

60. Which of the following forms of discrimination is NOT illegal?

A Hispanic citizen of Utah is prohibited from sending her children to public school because they don't speak English.

A Baptist church declines to hire a qualified janitor because is not Christian.

A public high school teacher in Tennessee is fired by the school board for teaching creationism alongside evolution.

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).

Explanation

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).

61. In calculating representation in the House of Representatives, what is one reason slaves were counted as a partial person?

I. The Founders did not believe that blacks should have the right to vote.
II. To keep the South from holding a disproportionate amount of power in the House.
III. To increase taxes slave-holding states had to pay to the Federal government.

I only

II only

III only

II and III

I and III

II and III. The South wanted more representation in the House and Electoral College (both based on population), and therefore wanted slaves to be counted as a whole person. The North disagreed with this premise, worried that the Southern states would then control the Presidency and the House. However, the North wanted slaves to count for something, as federal taxes were also determined by population and the Southern states would be required to pay more in taxes than the North. An agreement was reached that slaves would count as 3/5 a person - enough to give the South more political control without overpowering the North, but also giving the South higher federal taxes in return.

Explanation

II and III. The South wanted more representation in the House and Electoral College (both based on population), and therefore wanted slaves to be counted as a whole person. The North disagreed with this premise, worried that the Southern states would then control the Presidency and the House. However, the North wanted slaves to count for something, as federal taxes were also determined by population and the Southern states would be required to pay more in taxes than the North. An agreement was reached that slaves would count as 3/5 a person - enough to give the South more political control without overpowering the North, but also giving the South higher federal taxes in return.

62. True or False: The President may issue pardons to civil officers who have been impeached.

True

False

False. Article I, Section II specifically prohibits this. In the case of Gerald Ford's pardon of Richard Nixon, Nixon was set to be impeached but resigned before it could actually occur. Thus, Ford's pardon was valid.

Explanation

False. Article I, Section II specifically prohibits this. In the case of Gerald Ford's pardon of Richard Nixon, Nixon was set to be impeached but resigned before it could actually occur. Thus, Ford's pardon was valid.

63. Which of the following is NOT a power granted to Congress under the Constitution?

Provide punishment for counterfeiting

Establish post offices

Grant patents

Create federal courts under the Supreme Court

Tax state exports

Article I, Section IX specifically prohibits Congress from taxing state exports. All other powers listed were given to Congress in Article I, Section VIII.

Explanation

Article I, Section IX specifically prohibits Congress from taxing state exports. All other powers listed were given to Congress in Article I, Section VIII.

64. True or False: A Representative must live in the congressional district he or she is elected from.

True

False

False. According to Article I, Section II the Representative must live in the State, but due to reapportionment and redistricting with each census, the congressional district may change but retain the same Representative.

Explanation

False. According to Article I, Section II the Representative must live in the State, but due to reapportionment and redistricting with each census, the congressional district may change but retain the same Representative.

65. A "Bill of Attainder" is prohibited in Article I, Section IX of the Constitution. What is a Bill of Attainder?

An act of the legislature declaring a person guilty of a crime without access to a trial.

An act of the courts requiring a person to be held in servitude until his/her debts are paid.

A legal document authorizing the detention of a person without just cause.

A legal document that prohibits free speech against the government.

A Bill of Attainder punishes a person through legislation, without a trial. It is prohibited by Article I, Section IX.

Explanation

A Bill of Attainder punishes a person through legislation, without a trial. It is prohibited by Article I, Section IX.

66. Under the Constitution, States are banned from all of the following EXCEPT:

Entering into a treaty

Imposing duties on imports and exports

Entering into an agreement with another state without congressional approval

Imposing inspections on imports

States are Banned from entering into a treaty, imposing duties on imports or exports, entering into interstate agreements without approval from Congress, but NOT banned from imposing inspections on imports into the state. (Article I, Section X)

Explanation

States are Banned from entering into a treaty, imposing duties on imports or exports, entering into interstate agreements without approval from Congress, but NOT banned from imposing inspections on imports into the state. (Article I, Section X)

67. True or False: Congressional members, like other civil officers, may be impeached.

True

False

False. Article I, Section V states that each Congressional body is responsible for disciplining its own members. Members of each body can be removed with a 2/3 majority vote.

Explanation

False. Article I, Section V states that each Congressional body is responsible for disciplining its own members. Members of each body can be removed with a 2/3 majority vote.

68. The crime of treason is the only one specifically defined in the Constitution. According to the Constitution, the strict definition of treason is:

Knowingly inflecting harm to a federal officer, engaging in armed hostilities with the United States, or conspiring to do so.

Rising up in rebellion against the United States or conspiring to do so, or in aiding and abetting its enemies.

Levying war against the United States or in adhering to their enemies, giving them aid and comfort.

Article III, Section III provides a very strict definition of treason, which involves "levying war against the United States or adhering to their enemies, giving them aid and comfort."

Explanation

Article III, Section III provides a very strict definition of treason, which involves "levying war against the United States or adhering to their enemies, giving them aid and comfort."

69. True or False: Federal judges' salaries may not be reduced, except when approved by Congress.

True

False

Federal judges' salaries, like their appointments, are guaranteed and cannot be reduced, even by an act of Congress. (Article III, Section I)

Explanation

Federal judges' salaries, like their appointments, are guaranteed and cannot be reduced, even by an act of Congress. (Article III, Section I)

70. Which of the following is NOT a power granted to Congress under the Constitution?

Power to declare war

Power to raise an army

Power to institute an army draft

Power to veto military action proposed by the President

Power to govern and discipline the militia

While Congress can declare war, raise an army, institute a draft, and pass laws relating to military conduct, the President of the United States is the supreme Commander of the Armed Forces. Only he, in conjunction with military leaders, can determine military strategy.

Explanation

While Congress can declare war, raise an army, institute a draft, and pass laws relating to military conduct, the President of the United States is the supreme Commander of the Armed Forces. Only he, in conjunction with military leaders, can determine military strategy.

71. Under the original Constitution, who could vote in Federal elections?

White, land-owning men.

All white men, regardless of land ownership.

All men, regardless of race or land ownership.

Each state set its own standards.

Each State set its own standards. New Jersey allowed "all inhabitants" who owned property, including women and free persons of color until that right was specifically revoked in 1807. Delaware, Maryland, New Hampshire, and New York all gave voting rights to free blacks with their original state Constitutions and never revoked them.

Explanation

Each State set its own standards. New Jersey allowed "all inhabitants" who owned property, including women and free persons of color until that right was specifically revoked in 1807. Delaware, Maryland, New Hampshire, and New York all gave voting rights to free blacks with their original state Constitutions and never revoked them.

72. In order to amend the Constitution, which of the following must occur:

I. Two-thirds of Congress must vote yes to propose an amendment, then it must be ratified by 3/4 of the States through legislation or convention.

II. Two-thirds of Congress must vote yes to propose an amendment, then it must be ratified by 2/3 of the States through legislation or convention.

III. Two-thirds of States must convene for a constitutional convention to propose an amendment, then it must be ratified by 3/4 of the States through legislation or convention.

I only

II only

III only

I or III

II or III

The explanation for the correct answer is that in order to amend the Constitution, either option I or option III must occur. Option I states that two-thirds of Congress must vote yes to propose an amendment, and then it must be ratified by 3/4 of the States through legislation or convention. Option III states that two-thirds of States must convene for a constitutional convention to propose an amendment, and then it must be ratified by 3/4 of the States through legislation or convention. Therefore, either option I or option III can be the correct process for amending the Constitution.

Explanation

The explanation for the correct answer is that in order to amend the Constitution, either option I or option III must occur. Option I states that two-thirds of Congress must vote yes to propose an amendment, and then it must be ratified by 3/4 of the States through legislation or convention. Option III states that two-thirds of States must convene for a constitutional convention to propose an amendment, and then it must be ratified by 3/4 of the States through legislation or convention. Therefore, either option I or option III can be the correct process for amending the Constitution.

73. The protection of a trial by jury in criminal cases is found where in the Constitution?

Amendment I

Amendment VII

Article III

Article V

Article III, Section II gives the right to trial by jury except in cases of impeachment. It is one of the few individual liberties granted by the original Constitution.

Explanation

Article III, Section II gives the right to trial by jury except in cases of impeachment. It is one of the few individual liberties granted by the original Constitution.

74. A new President of the United States has just been elected. His executive powers include the ability to: (check ALL that apply)

Determine military actions as Commander-in-Chief of the Armed Forces

Exercise line-item veto power on appropriations bills

Recognize foreign governments and diplomats

Appoint a new Ambassador

Declare war

Grant a pardon

Call up the National Guard

Nominate Federal Judges

Create a new department within the government

Allocate federal funds to a newly created department within the government.

Article II, Section III specifies what powers the Executive branch has. Among the things a President CAN'T do: line-item veto power (it's all or none), declare war, or determine federal funding. Interestingly enough, the President is also the only person authorized to use nuclear weapons.

Explanation

Article II, Section III specifies what powers the Executive branch has. Among the things a President CAN'T do: line-item veto power (it's all or none), declare war, or determine federal funding. Interestingly enough, the President is also the only person authorized to use nuclear weapons.

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