American Democracy
Until the Constitution was ratified, the document that established and defined the government of the United States was the:
A. Declaration of Independence
B. Bill of Rights
C. Mayflower Compact
D. Articles of Confederation
E. Treaty of Friendship and Unity
D. The Articles of Confederation served as the constitution for the United States until the U.S. Constitution was ratified in 1788. The Declaration of Independence (answer choice A) declared indepen dence from Britain in 1776 but did not establish a government for the United States. The Bill of Rights (answer choice B) was an addition to the Constitution ratified in 1791. The Mayflower Compact (answer choice C) served as a constitution for the Pil grims who landed at Plymouth in 1620 but was no longer opera tional (Plymouth was incorporated into Massachusetts in 1691). The document named in answer choice E did not exist.
Which of the following is a clause of the Constitution that gives the federal government broad powers in many policy areas?
A. Interstate Commerce Clause
B. Tenth Amendment
C. Free-Exercise Clause
D. Establishment Clause
E. Fiscal Federalism Clause
A. The interstate-commerce clause has provided the basis for a wide range of federal legislation from the Civil Rights Act of 1964 to the health insurance reform of 2010. The Tenth Amendment (1791) (answer choice B) reserves powers for the states rather than pro viding a basis for the federal government’s power. Both the free exercise clause (answer choice C) and the establishment clause (answer choice D) of the First Amendment limit the federal gov ernment’s power to get involved in religion rather than providing a basis for the federal government’s power. The Constitution doesn’t mention fiscal federalism (answer choice E).
Which of the following is NOT true of the Supreme Court decision in McCulloch v Maryland (1819)?
A. It held that state governments could pass a law negating a federal law within their boundaries if they believed the federal law was uncostitutional.
B. It confirmed the supremacy of the federal government over state governments.
C. It determined that states could not levy taxes on federal government operations.
D. It upheld the constitutionality of the national bank established by the federal government.
A. A. It held that state governments could pass a law negating a fed eral law within their boundaries if they believed the federal law was unconstitutional.
* The Supreme Court has never taken the position stated in answer choice A; this position, called the doctrine of nullification, was ad vanced by Senator John C. Calhoun but firmly rejected by President Andrew Jackson. All the other answer choices correctly describe the Court’s decision in McCulloch v. Maryland.
The Supreme Court’s power of judicial review was established by
A. the Bill of Rights
B. the Constitution
C. the Court’s decision in Griswold v. Connecticut
D. the Court’s decision in Marbury v. Madison
E. the Court’s decision in Gibbons v. Ogden
D. The Supreme Court established the precedent of judicial review, or the power to declare a law unconstitutional, in Marbury v. Madison in 1803. Neither the Constitution (answer choice B) nor the Bill of Rights (answer choice A) expressly states that the Supreme Court has this power. In Griswold v. Connecticut (1965) (answer choice C), the Supreme Court declared a law prohibiting birth control de vices unconstitutional and established the right to privacy. In Gib bons v. Ogden (1824) (answer choice E) the Court held that Con gress’s power to regulate interstate commerce was exclusive and states could not pass laws that restricted interstate commerce.
What is an open seat in a congressional election?
A. a seat in a congressional district that is evenly divided between Republican and Democratic voters, making it likely that either party could win
B. a seat in which redistricting has redefined the district’s bound aries in a way to make it unfavorable to the reelection of the incumbent
C. a seat for which there is no incumbent running
D. a seat where the incumbent has been accused of a crime and is unlikely to win reelection
E. a seat where the incumbent belongs to a different party than the majority of his/her constituents
A. An open seat is any seat for which there is no incumbent run ning, making the playing field leveler. Answer choice A describes a competitive seat. There are no widely used terms to describe the situations in answer choices B, D, and E
In which landmark Supreme Court decision was the right to an at torney extended to require the government to provide lawyers for indigent defendants in state courts?
A. Miranda v. Arizona
B. Gideon v. Wainwright
C. Engle v. Vitale
D. Baker v. Carr
E. Mapp v. Ohio
B. Clearance Earl Gideon was denied a court-appointed lawyer and had to act as his own attorney because he could not afford one. He was found guilty, but in prison, he studied law in the prison library and filed a writ of habeas corpus with the Supreme Court using a pencil and a piece of prison stationery. The Court’s decision in Gideon v. Wainwright (1963) requires state governments to provide a lawyer for indigent defendants accused of a felony. Miranda v. Arizona (1966) went further, requiring police to inform an accused person of the right to an attorney (among other rights). Engle v. Vitale (1962) prohibited government-written prayer in public schools and 44 AP U.S. Government & PoliticS Baker v. Carr (1962) required that legislative districts be equal in population. Mapp v. Ohio (1961) established the exclusionary rule that evidence obtained illegally could not be used in a trial.
Which of the following is NOT a check on the power of the presi dent that the Constitution gives Congress?
A. Congress can pass a law the president has vetoed.
B. Congress can reject the president’s selections of people to fill key positions in the Executive Office of the President.
C. Congress can reject a treaty the president has negotiated.
D. Congress can refuse to fund a program the president supports.
E. Congress can reject the president’s nominees for federal judges
B. Congress has no power to reject the personnel in the Executive Office of the President who serve as the president’s advisors and assistants. All of the other answer choices correctly describe checks Congress can exercise on presidential power
While the practice of separate schools for black and white students was declared unconstitutional by the Supreme Court in Brown v. Board of Education (1954), segregation in restaurants, stores, hotels, and other public accommodations remained legal until:
A. the Supreme Court’s decision in Loving v. Virginia (1967)
B. the ratification of the Twenty-Fourth Amendment (1964)
C. the passage of the Civil Rights Act of 1964
D. state legislatures eventually changed the laws permitting segregation E. President Lyndon Johnson issued an executive order ending all segregation by race
C. The Civil Rights Act of 1964 ended segregation in public ac commodations. In Loving v. Virginia (1967) (answer choice A) the Supreme Court declared state laws banning interracial marriage to be unconstitutional. The Twenty-Fourth Amendment (1964) (an swer choice B) ended the poll tax but not racial segregation. No one had to wait for state legislatures to decide to change their laws 32 AP U.S. Government & PoliticS (answer choice D); the passage of the Civil Rights Act invalidated state laws permitting segregation since federal law is supreme over state laws. There was no executive order as described in answer choice E; an executive order can only be issued to the offices and personnel under the president’s executive control.
Which of the following actions of the president has no basis in the Constitution?
A. issuing executive orders
B. serving as leader of his political party
C. stationing U.S. troops at bases abroad
D. negotiating free trade agreements with other countries
E. proposing legislation to Congress
B. The Constitution makes no mention of political parties or the president’s role relating to a political party. Article II of the Con stitution gives the president executive authority (answer choice A) and states his role as commander in chief of the U.S. armed forces (answer choice C). It also gives him specific authority to negotiate treaties (answer choice D) and propose legislation for consider ation by Congress (answer choice E)
Which one of the following does NOT describe a reason why Con gress generally fails to perform the function of national leader as the Constitutional Convention intended?
A. Congress is usually slow to act.
B. Congress is often gridlocked and can’t agree on action.
C. Congress has little actual power.
D. No one in Congress represents the country as a whole.
E. Congressional leadership is divided among a number of people
C. Most of the powers listed in the Constitution are given to Con gress so answer choice C is not a reason why Congress’s power to lead the nation is not as great as the president’s power in today’s world. All of the other answer choices describe reasons why Con gress has difficulty playing the role of national leader
The president can influence legislation under consideration by Congress by all of the following actions EXCEPT
A. speaking out to influence public opinion
B. talking to members of Congress and applying political pressure
C. threatening to veto legislation unless certain changes are made
D. sending key members of his staff or cabinet to testify before Con gress or speak to the press in support of the president’s position
E. threatening to issue an executive order that would prohibit en forcement of the legislation if it is passed
E. Executive orders can’t be issued that are contrary to a law passed by Congress; the president and the federal bureaucracy must abide by the law and cannot ignore it or refuse to enforce it. All the other answer choices describe actions the president can take to influence legislation under consideration by Congress.
Which of the following federal courts have/has original jurisdiction?
A. The Supreme Court and U.S. District Courts
B. U.S. District Courts and U.S. Courts of Appeal C. U.S. Courts of Appeal only
D. U.S. District Courts only
E. State supreme courts
A. Original jurisdiction refers to the authority to conduct the ini tial trial of a case, while appellate jurisdiction refers to the au thority to hear an appeal of a case that has already been tried by a lower court. U.S. District Courts are the usual court of original jurisdiction in the federal court system. However, the Supreme Court also has original jurisdiction in some circumstances such as a lawsuit between state governments. U.S. Courts of Appeal have only appellate jurisdiction (answer choices B and C). State supreme courts (answer choice E) are not federal courts and usually have only appellate jurisdiction
The Supreme Court’s decision in Texas v. Johnson, which overturned a state law against flag-burning, was based on:
A. the First Amendment right to peacefully assemble to protest
B. The Free-Exercise Clause of the First Amendment
C. the First Amendment right of freedom of speech
D. the restrictions on search and seizure of the Fourth Amendment
E. the establishment clause of the First Amendment
C. The decision declared that flag-burning is symbolic free speech, and thus protected by the First Amendment’s right to freedom of speech. In this case, the flag-burning was part of a protest dem onstration (answer choice A), but the right to assemble to protest was not questioned by the law enforcement authorities, so this was not the issue. The flag-burning had nothing to do with freedom of religion—either the free exercise of religion (answer choice B) or the establishment of religion (answer choice E). Also not at issue was the Fourth Amendment (answer choice D) since nothing was searched or seized
Which of the following outcomes are NOT possible in the Electoral College system?
A. The Electoral College could choose a president who did not have the most electoral votes.
B. The House of Representatives could choose the president.
C. The Electoral College could choose a president who did not get the most votes of the people.
D. The Electoral College could choose a president who did not win the most states.
E. Some electors could vote for a third-party candidate for president
A. The candidate with the majority (over half) of the electoral votes becomes president; if no candidate has a majority, then the House of Representatives chooses the president. Thus, answer choice A could never happen. All the other answer choices are possible outcomes of the Electoral College system. The House of Representatives last chose the president in 1824 (answer choice B). The presidential electors last chose a president who did not get the highest number of popular votes in 2000 (answer choice C). Since the most popu lous states dominate the Electoral College, the candidate winning the presidency often does not carry the most states (answer choice D). A third party candidate (George Wallace) last got a significant number of electoral votes in 1968 (answer choice E).
The main function of the president’s cabinet is
A. to put together the federal budget and submit it to Congress
B. to write federal regulations
C. to provide advice to the president
D. to provide leadership in the event the president is unable to perform his duties
E. to provide information regarding proposed legislation by testi fying before Congress
C. The president’s cabinet is purely an advisory body. The Office of Management and Budget puts together the proposed federal budget (answer choice A) and federal regulations are written by the appro priate federal agency (answer choice B). The vice president assumes leadership if the president is unable to perform his duties (answer choice D). Many federal officials provide testimony to Congress; if a cabinet member does this, he/she does it as a federal official, not because he/she is a member of the cabinet (answer choice E).
What role does Congress play in amending the Constitution?
A. Congress submits amendments to the states for their approval.
B. Congress approves or rejects amendments supported by two thirds of the states.
C. The Senate approves proposed amendments by a two-thirds vote, but the House plays little role in the process.
D. Congress passes amendments by a two-thirds vote, sending them to the president for his signature or veto.
E. Congress plays no formal role; the Constitution is amended by the states
A. By a two-thirds majority in both of its houses, Congress can submit amendments to the states for ratification. Three-fourths of the states must approve an amendment for it to be ratified. The president does not sign or veto constitutional amendments (answer choice D); in fact, he plays no formal role in the process of amend ing the constitution. Answer choices B, C, and E all contradict the correct answer choice
The “Elastic Clause” of the Constitution
A. held the union together by setting up a bicameral Congress—a compromise between large and small states that allowed equal representation in one house and representation based on popu lation in the other house
B. provides that a state’s representation in Congress will go up or down every ten years based on a new national census
C. gives the president the authority to assume greater power in a time of war
D. states that powers not specifically given to the national govern ment are reserved to the states or the people
E. states that the national government’s powers include implied powers not specifically listed in the Constitution
E. The elastic clause is also known as the “necessary and proper” clause. It states that the federal government has the power “to make all laws which shall be necessary and proper for carrying into Execution … all other Powers vested by this Constitution in the Government of the United States.” The powers granted the federal government under this clause are referred to as “implied powers.” Answer choice A describes the Great Compromise (also known as the Connecticut Compromise), not the elastic clause. The Con stitution does not grant the president increased authority in time of war (answer choice C). Answer choice D refers to the Tenth Amendment, not the elastic clause.
The decision of the Supreme Court in Roe v. Wade was based on
A. the Free-Exercise Clause of the First Amendment
B. the right to privacy stated in the Bill of Rights
C. the right to privacy implied in the Bill of Rights
D. the right to privacy established in Lawrence v. Texas
E. the Establishment Clause of the First Amendment
C. The Supreme Court’s decision in Roe v. Wade (1973) was based on a right to privacy, not specifically stated (answer choice B), but implied in the Bill of Rights. This right was first recognized in the Court’s decision in Griswold v. Connecticut (1965), not in Lawrence v. Texas (2003) (answer choice D). Both the free-exercise clause (answer choice A) and the establishment clause (answer choice E) of the First Amendment deal with freedom of religion, which was not an issue in Roe v. Wade
Which of the following is a concurrent power in the American sys tem of federalism?
A. the power to make treaties with foreign governments
B. the power to levy taxes
C. the power to make monetary policy
D. the power to establish local governments (cities, counties, school districts, etc.)
E. the power to regulate interstate commerce
B. Both federal and state governments have the power to levy taxes, making this a concurrent power. Answer choices A, C, and E are federal powers and answer choice D is a power of state governments.
Which statement correctly describes political socialization?
A. Political socialization motivates citizens to become active in politics.
B. Political socialization tends to produce citizens more inclined to accept socialistic programs as they get older.
C. Political socialization is a continuing process in which the adult years are the most important.
D. Political socialization is the term used to describe the growth of entitlement programs.
E. Political socialization is the process through which individuals develop their political values and beliefs
E. Political socialization refers to the process through which indi viduals develop their political values and beliefs. It is a continuing process, but the most important years are those before adulthood, by which time these values and beliefs are already in place (answer choice C). Political socialization may result in values and beliefs that encourage political participation but the process may also re sult in values and beliefs that don’t—there is no set outcome (an swer choice A). Answer choices B and D don’t relate to political socialization
Which one of the following statements does NOT correctly describe administrative law?
A. Administrative law is law written by federal agencies rather than Congress.
B. Administrative law does not have the full force of law that stat utory law has.
C. Administrative law can be overturned by the Supreme Court.
D. Congress can overturn administrative law by passing statutory laws.
E. Administrative law is written to carry out or enforce statutory laws
B. Administrative law does have the full force of the law that statutory law has, as long as it is a reasonable provision to enforce a statutory law. All of the other answer choices correctly describe administrative law.
Which statement below best describes an open primary?
A. The election is open to all candidates who want on the ballot, not just those approved by the party leadership.
B. Voters can cross party lines voting for candidates of different parties in the primary election.
C. The voting booths are open and the secret ballot is not used.
D. It is a primary election in which voters can vote during a speci fied period of time rather than just on Election Day.
E. Voters can choose which party’s primary election ballot they want to use to vote
E. An open primary means that each party’s primary election is open to all voters who select the party’s ballot as the one they will vote on. Thus the party’s primary is open to independents and members of other parties, not just voters registered with that party. However, in an open primary, voters can’t cross party lines (answer choice B); they must vote using only one party’s ballot. The nonpartisan blanket primary is one in which all candidates of all parties (and independents) appear on one primary election ballot and voters can cross party lines and vote for candidates of different parties. Each state sets the voting period (answer choice D) and the procedures for getting on the primary election ballot (answer choice A), but these have nothing to do with whether the primary is open or not. All primary elections in the United States use a secret ballot (answer choice C)
What new interpretation of the Constitution did the Supreme Court use in District of Columbia v. Heller?
A. The Second Amendment prohibits state and federal govern ments from requiring the registration of firearms.
B. Federal and state laws restricting some people, such as convicted felons from purchasing guns, violate the Second Amendment.
C. The wording of the Second Amendment means that the consti tutional right to gun ownership applies only to people serving in a state militia.
D. The Second Amendment contains a constitutional right to gun ownership irrespective of service in a state militia.
E. The right of privacy implied in the Bill of Rights extends to car rying of guns in public places
D. In District of Columbia v. Heller, the Supreme Court held that a Constitutional right to gun ownership—irrespective of service in a state militia—did exist. None of the other answer choices were deci sions the Court made although many of them do present issues the Court may soon take up as a result of District of Columbia v. Heller.
The House of Representatives and the Senate are most similar to each other in
A. the checks they have on the power of the president
B. the way they select their presiding officer
C. the number of members they have
D. the power standing committees have in the legislative process
E. the power of the Rules Committee to set the rules for floor debate
D. In both the House and the Senate, standing committee wield much of the power in the legislative process. The Senate has much more power than the House to check the power of the president (answer choice A) since only the Senate needs to ratify treaties and approve federal judges, ambassadors, and key federal officials. The House selects its own presiding officer by majority vote but the vice president, selected by the Electoral College, presides over the Senate (answer choice B). The House has more than four times the num ber of members that the Senate has (answer choice C) and only the House has a Rules Committee (answer choice E)
The concept that the American political process is dominated by the struggle of multiple interest groups each trying to advance its own political goals can best be described as
A. democracy
B. pluralism
C. free enterprise
D. socialism
E. elitism
B. Pluralism is the concept of the political process as a struggle be tween multiple interest groups that compete for power to advance their own political goals. The concept of democracy (answer choice A)—one man, one vote—does not emphasize the role of interest groups. Free enterprise (answer choice C) and socialism (answer choice D) are economic, not political, systems. Elitism (answer choice E) refers to a political system in which power is concentrated in the hands of a few people, rather than the result of a struggle be tween competing interest groups