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1. Why was the central government established under the Articles of Confederation
unworkable? (§1.3)
3. How many articles does the Constitution of 1789 contain? In which of the various articles
are the following provisions found? (§1.6)
____ a. Procedures for amending the Constitution.
____ b. Supremacy clause, declaring that the Constitution, laws, and treaties of the
United States shall be the supreme law of the land.
4. Which article or articles provide for the separation of powers among the three branches of
the federal government? What is the main responsibility of the legislative branch? The
executive branch? The judicial branch? (§1.7)
5. What can Congress do if the Supreme Court hands down a decision interpreting the
Constitution in a way that Congress deems wrong? (§1.7)
6. How does the Constitution spell out the division of powers between the federal government
and the states? (§ 1.8)
7. List 13 expressly enumerated powers delegated to the United States Congress under Article I,
Section 8. (§1.9)
14
specifically limits the powers of the states. What five powers are state governments
specifically prohibited from exercising? (§1.10)
11. What is an ex post facto law? What is a bill of attainder? Which article prohibits ex post
facto laws? Bills of attainder? (§1.10)
14. When the first Congress met after the government was established under the Constitution,
legislation was introduced to add a bill of rights. Why was this action necessary so soon after
the government was established? (§1.12)
15. In which of the first 10 Amendments is each of the following rights guaranteed? (§ 1.12; see
also §1.12 of this outline)
____ a. Right to be indicted by a grand jury before being tried for a capital or otherwise
infamous crime
____ b. Right to keep and bear arms
____ i. Protection against double jeopardy (i.e., being tried more than once for the same
offense)
____ j. Right to a jury trial in criminal cases
16. All but two of the rights listed in Question 15 have been incorporated into the Fourteenth
Amendment due process clause and made binding on the states. What test has the Supreme
Court used to determine whether or not to incorporate a right? Which two rights have not
been incorporated? (§ 1.13)
17. The Fourteenth Amendment expressly forbids state governments to take certain actions.
What are they? (§§ 1.13, l.14, 1.15, 1.16)
16
Examination Questions (*indicates correct answer)
(§1.5)
1. After the Constitution was drafted, it was submitted to the states for ratification. Ratification
was opposed by some states because:
(§§ 1.5, 1.7)
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:
d. All 13 states.
(§1.5)
3. The ratification process was completed and the Constitution went into effect:
(§ 1.6)
4. The United States Constitution, as originally adopted:
(§ 1.6)
5. Article I of the United States Constitution:
(§1.6)
6. Article II of the United States Constitution:
(§1.6)
7. The first three articles of the Constitution are commonly referred to as the:
17
(§§1.6, 1.7)
8. 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 our Constitution, what, if anything, can be done to get rid of an
unpopular Supreme Court decision interpreting the Constitution?
(§§1.9. 1.16)
9. The Constitution directly established the Supreme Court and granted Congress the power to
establish judicial tribunals inferior to the Supreme Court. Under the federal judiciary system
established by Congress:
(§1.9)
10. Which of the following activities is least likely to be subject to federal control under the
commerce clause?
(§1.9)
11. Congress has enacted crime legislation such as the Motor Vehicle Theft Act under one of the
powers delegated under Article I, §8. That provision is the:
d. intrastate regulatory clause.
(§1.10)
12. Article I, Section 10 of the Constitution prohibits the states from exercising certain powers.
Under this section, states are prohibited from:
(§1.10)
13. In 1994, Jones committed an armed robbery. In 1996, the Kentucky legislature enacted a law
18
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
(§ 1.10)
14. Which of the following constitutional provisions prevents state legislatures from enacting
(§§1.8, 1.11)
15. The constitutional division of power between the federal government and the states is
accomplished in which of the following ways?
(§§1.8, 1.11)
16. Which of the following statements most accurately reflects the constitutional division of
power between the federal government and the states?
(§1.11)
17. Under our federal system of government, states have primary authority to:
(§1.12)
18. The Bill of Rights:
19
(§1.12)
19. The right to be indicted by a grand jury before being tried for a capital or otherwise infamous
crime is:
(§1.12)
20. Protection against unreasonable searches and seizures is guaranteed by the:
(§1.12
21. The right to trial by jury in criminal cases is:
(§§1.12, 1.13, 1.14, 1.15)
22. The due process clause, which limits the actions of state governments and state agents, is a
part of the:
(§§ 1.13, 1.14, 1.15, 1.16)
23. The Fourteenth Amendment is the source of several different constitutional protections.
These protections include all but which of the following?
(§§ 1.13, 1.14, 1.15. 1.16)
24. The Fourteenth Amendment due process clause does all but which of the following?
20
(§ 1.15)
25. The Supreme Court recently held that the Constitution protects the right to have intimate
relations with a partner of the same sex. This case was decided under:
26. In a case challenging -male admissions policy, the
Supreme Court found the admissions policy unconstitutional as a violation of:
27. Federal law provides for a post-conviction remedy called habeas corpus. In a habeas corpus
proceeding:
Multiple Choice Questions (*indicates correct answer)
1. -state system devised
under the Constitution:
2. The following made the case for ratifying the Constitution:
3. Which of the following is not a branch of the federal government?
4. Once proposed, an amendment to the Constitution must be ratified by ____ of the states.
5. Although not specifically listed among the powers granted to the federal government, the
Supreme Court ruled that Congress had the power to establish a national bank under the
following:
6. All of the following federal laws fall under the interstate commerce clause, except for:
7. The first ten amendments to the Constitution are collectively known as:
8. The Fourteenth Amendment to the Constitution was passed in the aftermath of which war?
10. Lawrence v. Texas, the Supreme Court decision overturning sodomy laws, has been
compared to which other landmark Supreme Court ruling?
11. Which of the following would qualify for strict scrutiny at this time under the equal
protection clause?
12. Under the Constitution, states are prohibited from doing all of the following, except:
13. Petitioners file this when requesting review by the Supreme Court:
14. Habeas corpus review is a post-conviction constitutional remedy for state prisoners that
rectifies the following:
True/False Questions (*indicates correct answer)
1. The Articles of Confederation created a strong federal government.
2. The government set up under the Constitution is called a federalist system.
3. The First Amendment addresses the right to bear arms.
4. The Bill of Rights is a declaration of the rights that citizens have against each other.
5. Before the Civil War, the American people viewed the states as the watchdogs of liberty.
6. The Fourteenth Amendment contains the due process clause.
7. The right to privacy is considered a fundamental right.
8. The Supreme Court
9. Under direct review, a defendant can bypass the federal appeals process and have his/her case
heard by the Supreme Court.
10. Constitutional misconduct cannot lead to evidence being excluded from trial.
