Kanovitz, Constitutional Law for Criminal Justice, 14th Edition
Multiple-Choice Examination and True/False Questions
Chapter 1: History, Structure, and Content of the United States Constitution
Multiple-Choice Questions
1. After the Constitution was drafted, it was submitted to the states for ratification. Ratification
was opposed by some states because:
a. the Constitution contained no bill of rights
b. the President had excessive power
c. Congress lacked the power to tax
d. small states were not given adequate representation in the Senate
2. Under the terms of the proposed Constitution, the new government was to become operative
if a certain number of states ratified. This number was:
a. 9
b. 10
c. 11
d. all 13 states
3. The ratification process was completed and the Constitution went into effect in:
a. 1787
b. 1788
c. 1791
d. 1776
4. The United States Constitution, as originally adopted:
a. was divided into ten parts called Articles
b. contained a Bill of Rights that was binding on the federal government, but not the states
c. established a three-tier judicial system with the Supreme Court at the top, circuits in the
middle, and district courts at the bottom
d. defined the crime of treason and the proof necessary to obtain a conviction
5. Article I of the Constitution:
a. repealed the Articles of Confederation
b. assured each state a republican form of government
c. established the Senate and the House of Representatives
d. did all three of these things
6. Article I of the United States Constitution:
a. contains the necessary and proper clause
b. sets forth the method of amending the Constitution
c. declares that the Constitution and laws of the United States shall be the supreme law of the
land
d. gives the President the power to declare war
7. Article II of the United States Constitution:
a. establishes the powers of the President
b. guarantees the right to bear arms
c. guarantees that the federal troops will not be quartered in private homes
d. does all three of the above
8. Article III of the Unites States Constitution does all of the following EXCEPT:
a. establishes the judicial branch of government
b. outlines the jurisdiction of the Supreme Court and the lower federal court
c. limits the term of office for federal judges to seven years
d. defines the crime of treason and the proof necessary for a conviction
9. The first three articles of the Constitution are commonly referred to as the:
a. federalism articles
b. supremacy articles
c. separation of powers articles
d. Bill of Rights
10. Suppose the Supreme Court hands down a decision declaring the death penalty
unconstitutional. Congress and the American people are outraged by this decision and want to
restore the death penalty. Under the U.S. Constitution, what, if anything, can be done to get
rid of an unpopular Supreme Court decision interpreting the Constitution?
a. Nothing can be done. Supreme Court decisions are immutable and can be set aside only by
the Supreme Court.
b. Supreme Court decisions interpreting the Constitution can be set aside by a vote of three–
fourths of the members in both houses of Congress.
c. Supreme Court decisions interpreting the Constitution can be changed by a constitutional
amendment proposed by a two-thirds vote in both houses of Congress and ratified by three-
fourths of the state legislatures.
d. Supreme Court decisions interpreting the Constitution can be overturned by the unanimous
vote of the chief judges of all 11 United States Courts of Appeals.
11. Which of the powers delegated to Congress provides the constitutional foundation for federal
criminal statutes like the Mann Act, which makes it a crime to take a person across state lines
to engage in prostitution?
a. power to tax
b. power to regulate interstate and foreign commerce
c. necessary and proper clause
d. the federal government’s police powers
12. Which of the following laws are least likely to be sustainable under the commerce clause?
a. labor laws
b. laws making it a crime to take a stolen vehicle into another state
c. laws criminalizing domestic violence
d. anti-trust laws
13. All of the following federal laws have been upheld under the interstate commerce clause,
EXCEPT for the:
a. Gun-Free School Zone Act
b. Mann Act
c. National Motor Vehicle Theft Act
d. Federal Kidnapping Act
14. The Supreme Court, in an early case, ruled that Congress had the power to establish a
national bank, even though this power was not expressly delegated. The Court relied on the:
a. necessary and proper clause
b. full faith and credit clause
c. power to power to borrow money on the credit of the United States
d. commerce clause
15. The Constitutional expressly prohibits states from doing all of the following, EXCEPT:
a. entering into treaties
b. keeping troops in times of peace
c. coining money
d. requiring background checks before allowing citizens to purchase handguns
16. In 2010, Jones committed an armed robbery. In 2015, the Kentucky legislature enacted a law
increasing the punishment for armed robbery from 15 to 20 years in prison. Six months later,
Jones was captured, tried, convicted, and sentenced to 20 years in prison. Sentencing Jones to
20 years violates the:
a. First Amendment
b. Fourteenth Amendment
c. Fifth Amendment due process clause
d. Article I, § 10 ex post facto clause
17. Which of the following constitutional provisions prevents state legislatures from enacting laws
that declare individual citizens guilty of crimes and confiscating their property?
a. Article I, §10 prohibition against bills of attainder
b. Fourteenth Amendment equal protection clause.
c. Fifth Amendment due process clause
d. Second Amendment
18. The constitutional division of power between the federal government and the states is
accomplished in which of the following ways?
a. The Constitution lists the powers reserved to the states and provides that all powers not
expressly reserved to the states belong to the federal government.
b. Through the combined effects the Constitution’s listing of the powers granted to the federal
government, denial of certain powers to the states, and the Tenth Amendment.
c. Through the separation of powers established by Articles I, II, and III.
d. Through the adoption of the Fourteenth Amendment.
19. In National Federation of Independent Business v. Sebelius, the Supreme Court upheld the
Affordable Care Act (also known as Obamacare) as a valid exercise by Congress of:
a. the power to regulate interstate and foreign commerce
b. the taxing power
c. the necessary and proper clause
d. the supremacy clause
20. The Bill of Rights:
a. was adopted after the Civil War
b. includes the first ten Amendments
c. was originally binding only on the government of the states
d. all of the above
21. Protection against unreasonable searches and seizures is guaranteed by the:
a. Third Amendment
b. Fourth Amendment
c. Fifth Amendment
d. Sixth Amendment
22. The right to trial by jury in criminal cases is:
a. guaranteed by the First Amendment
b. guaranteed by the Second Amendment
c. guaranteed by the Fifth Amendment
d. guaranteed by the Sixth Amendment
23. The Constitution contains two due process clauses. The one that limits the actions of the
federal government is contained in the:
a. Fourth Amendment
b. Fifth Amendment
c. Fourteenth Amendment
d. Fifteenth Amendment
24 The Fourteenth Amendment due process clause does all of the following except:
a. makes most of the Bill of Rights applicable to the States
b. requires the states to provide notice and a hearing before depriving individuals of their life,
liberty, or property
c. prohibits the states from discriminating on the basis of their race, religion, or national origin
d. prohibits the states from placing arbitrary restrictions on the right to marry, have children,
direct their upbringing, terminate an unwanted pregnancy, and forego life-sustaining
25. Which constitutional guarantee protects right of gays and lesbians to have sexual relations
with a partner of the same sex:
a. the Fourteenth Amendment equal protection clause
b. the Fourteenth Amendment due process clause
c. the Fourth Amendment
d. none of them
26. Lawrence v. Texas, the Supreme Court decision overturning sodomy laws, has been compared
to which other landmark Supreme Court ruling?
a. Plessy v. Ferguson
b. United States v. Virginia
c. Marbury v. Madison
d. Brown v. Board of Education
27. Which constitutional provision would be violated by a state statute making it a crime for
undocumented aliens to seek employment in the state?
a. supremacy clause
b. commerce clause
c. equal protection clause
d. the Tenth Amendment
28. Habeas corpus review is a post-conviction constitutional remedy for state prisoners that
rectifies the following:
a. unlawful confinement
b. cruel and unusual punishment
c. parole violation
d. illegal searches and seizures
29. Federal law provides for a post-conviction remedy called habeas corpus. In a habeas corpus
proceeding:
a. a state prisoner commences the action by filing a petition in a federal district court,
alleging that he or she is being detained in prison in violation of his or her constitutional
rights and requesting the issuance of a writ of habeas corpus
b. a state prisoner must appeal to the highest state court before he or she is allowed to use
this remedy
c. a state prisoner who is denied relief by a federal district court can appeal directly to the
Supreme Court
d. the person seeking relief must prove beyond a reasonable doubt that his or her
constitutional rights were violated
30. Once proposed, constitutional amendments must be ratified by ___ of the states to become
part of the Constitution.
a. two-thirds
b. three-fifths
c. three-fourths
d. four-fifths
31. Which of the following requires strict scrutiny under the current interpretation of the equal
protection clause?
a. affirmative action
b. gender-based discrimination
c. discrimination based on sexual orientation
e. discrimination based on age.
32. The equal protection clause requires an exceeding persuasive justification to uphold statutory
distinctions based on:
a. age
b. gender
c. race
d. religion
33. Petitioners file this when requesting review by the Supreme Court:
a. writ of habeas corpus
b. writ of certiorari
c. plea of nolo contendere
d. bill of attainder
34. The Constitution directly established the Supreme Court and gave Congress authority to
establish lower federal courts. Under the judicial system established by Congress:
a. there are three levels or tiers of federal courts below the Supreme Court
b. federal criminal trials are held in federal district courts
c. capital crimes must be tried in a federal court, whether the violation is of federal or state
law
d. any person convicted of a capital crime has an automatic right to appeal directly to the
Supreme Court
35. The Federalist Papers were written to drum up support for the:
a. Declaration of Independence
b. ratification of the Constitution
c. adoption of the Bill of Rights
d. all of the above