US Government Quiz

The Constitution is the highest law in the United States. A court can nullify a law that violates the Constitution. Because the Supreme Court held that First Amendment protections apply to the States, a State cannot violate the Establishment Clause.

The US Constitution's system of checks and balances gives the President the power to veto a bill. However, by a 2/3 majority vote of both the Senate and the House of Representatives, Congresss can override the veto.

The Establishment Clause of the 1st Amendment prohibits Congress from enacting laws concerning the establishment of a religion. There is no Establishment Clause of the 5th Amendment. The 5th Amendment includes a double jeopardy clause prohibiting a jurisdiction from trying person twice for the same crime after he was convicted or acquitted.

In the United States, a prosecutor must prove that the defendant is guilty of a crime beyond a reasonable doubt. Proving that the defendant was guilty beyond a reasonable doubt is the prosecutor's burden of proof. The defendant does not have to prove anything, By telling the jury that Douglas had to prove that he was innocent, the judge confused the burden of proof.

Voters in the USA do not directly select the President or Vice President. Each state and the District of Columbia are assigned a certain number of votes based on population. These votes are cast by electors. For example, New York has 29 electors and New Jersey has 14. Th electors cast their votes for the candidate who won the most votes in their state.

By way of example, in 2012 candidate Obama received around 60% of the popular vote in New York. His opponent, Romney, got only 40%. All 29 of the electoral votes from New York went to Obama. You will often hear candidates talking about "winning a state." They mean that by winning a majority of votes from that state, the candidate can receive all of the electoral college votes assigned to that state.

The US government operates through a system of checks and balances. Each branch of government has certain powers. One of Congress's powers is to control spending by the federal government. The Supreme Court and other federal courts have the power to review the constitutionality of laws and actions by the government, however, the Supreme Court does not have the power to review and approve the budget. If, for some reason, Congress and the President exceed their Constitutional powers, then the law or action can be challenged in court.

Congress passed the Fourteenth Amendment to prevent states from violating people's rights. Courts interpret the Fourteenth Amendment's Due Process Clause as prohibiting states from taking away a person's life, freedom, or property without a fair procedure first. Taking away a person's car automatically after issuing any speeding ticket, without some type of judicial determination first, could be challenged as a violation of the Due Process Clause.

A statute refers to enacted legislation. This is a proposed law so it is a bill. A true bill refers to an indictment by a grand jury

Congress passed the Fourteenth Amendment to prevent states from depriving people of certain rights. Courts interpret the Equal Protection Clause of the Fourteenth Amendment as, among other things, prohibiting states from unfairly denying people their right to vote.

Congress can pass laws to regulate interstate commerce pursuant to the Commerce Clause of the Constitution. The Supreme Court has held that the government can regulate activities that have a substantial effect on interstate commerce, even if they ostensibly occur within a state. Although Acme might intend its machine guns to be sold in State A only, it is likely that the machine guns could be transported across state lines.