2013-2014 KNOW YOUR CONSTITUTION EXAM 1. The legislative powers of the Federal Government are vested in the: a. Congress b. President c. Supreme Court d. All of the above 2. Which of the following activities does the Constitution prohibit a state from doing? a. Coining and printing money. b. Making laws. c. Conducting a census of its citizens. d. Imposing a sales tax on goods and services. 3. A law criminalizing peaceful protests in public would most likely violate which of the following constitutional amendments: a. First Amendment b. Fourth Amendment c. Fifth Amendment d. Tenth Amendment 4. Which constitutional amendment guarantees women the right to vote? a. Fifth Amendment b. Fifteenth Amendment c. Nineteenth Amendment d. Twenty-sixth Amendment 5. What is the minimum age a person must be to serve as a Member of the House of Representatives? a. 18 b. 21 c. 25 d. 30-1 -
6. In criminal prosecutions, the Sixth Amendment safeguards which of the following rights? a. The right to a speedy and public trial b. The accused's right to confront witnesses c. The accused's right to have the assistance of counsel for his/her defense d. All of the above 7. Which of the following is true? a. The Constitution requires nine Supreme Court justices. b. The Constitution requires a dispute between citizens of different states to be heard by the state court of the person who files the lawsuit. c. The Constitution requires that the U.S. Supreme Court review decisions of state Supreme Courts involving only state law. d. The Constitution prevents the pay of federal judges from being cut while they are in office. 8. Which amendment prevents a state from depriving a person of life, liberty, or property without due process of law? a. Fifth Amendment b. Eighth Amendment c. Ninth Amendment d. Fourteenth Amendment 9. To ratify a treaty, the President of the United States must obtain the advice and consent of: a. A majority of the House of Representatives b. Two-thirds of the Senate c. Three-fourths of the Senate d. Three-fourths of the State Legislatures 10. St. Rose, a private religious high school in the state of Iobraska, is having difficulty finding a qualified French teacher. The local government has agreed to allow the public high school s French teacher, Mrs. France, to work in the afternoons at St. Rose. The government has also agreed to continue paying Mrs. France s entire salary for the next school year to help alleviate some of St. Rose s budgetary problems. Which section would most likely be violated by the government s acts? a. The Free Exercise of Religion clause under the First Amendment b. The Establishment of Religion clause under the First Amendment c. The Right to Assemble under the First Amendment d. The Thirteenth Amendment - 2 -
11. Over which of the following is the President the Commander and Chief? a. The United States Army b. The United States Navy c. The Militia of the several states, when they are called into the service of the United States d. All of the above 12. Which of the following is a duty of the Vice President? a. To be Speaker Pro Tempore of the House of Representatives b. To be President of the Senate c. To be Chairman of the President s Cabinet d. To be Clerk of the Supreme Court 13. Private property may not be taken for public use without: a. Just compensation. b. A trial by jury. c. A valid warrant. d. Private property may never be taken for public use. 14. Which of the following has the power to try an impeachment? a. The United States Supreme Court b. The House of Representatives c. The Senate d. The President 15. Which of the following proposed constitutional amendments would be properly adopted and valid for all intents and purposes as a part of the Constitution? a. A proposed amendment that is approved in identical form by a two-thirds vote in each of 40 state legislatures b. A proposed amendment that is approved by a constitutional convention called by Congress upon application of the legislatures of 40 states. c. A proposed amendment that is approved by a two-thirds vote of both the House and Senate and by a majority vote in each of 40 state legislatures. d. All of the above. - 3 -
16. Of the following powers, which one does NOT belong to the Congress? a. The power to establish Post Offices b. The power to grant pardons for offenses against the United States c. The power to borrow money on the United States credit d. The power to maintain a navy 17. The President of the United States is empowered to grant a pardon except in cases of: a. Impeachment b. Conviction of First Degree Murder c. Theft involving sums exceeding $1 million dollars d. Treason 18. Niccolo Tessaris was born in Athens, Greece in 1976. He immigrated to the United States in 1985 and became a United States citizen in 1998. He now lives in New York. Would it be lawful under the U.S. Constitution for Niccolo to be elected in 2014 and begin serving in 2014 as a member of the United States Senate? a. Yes b. No, he is not old enough c. No, he has not been a United States citizen for long enough d. No, people born in foreign countries cannot be United States Senators 19. How often must the Congress assemble? a. Once a month b. Once a year c. Once every other year d. Once during each four-year presidential term 20. Which of the following is a power that the Constitution does NOT grant to Congress? a. The power to tax the exports of any State. b. The power to raise armed forces. c. The power to conduct elections. d. The power to declare war. - 4 -
21. Which of the following is NOT a method by which a bill can become a law? a. Congress passes a bill and the President signs it. b. Congress passes a bill and the President does not sign it. c. Congress passes a bill, the President vetoes it, and Congress overrides the veto. d. The President signs a bill that Congress has not passed. 22. A State can be punished for denying the right of any of its citizens to vote by: a. Reducing the number of its Representatives. b. Reducing the number of its Senators. c. Imposing a fine. d. Withholding funding of all federal programs. 23. Members of the House of Representatives serve terms lasting: a. One year b. Two years c. Four years d. Six years 24. The power of impeachment is vested in the: a. Attorney General b. House of Representatives c. Senate d. Supreme Court 25. All legislation raising revenue must originate from the: a House of Representatives b. Senate c. President d. Department of the Treasury 26. The Constitution explicitly vests which of the following powers with the Congress? a. The power to raise and support armies b. The power to provide and maintain a Navy c. The power to call forth the Militia, to execute the laws of the Union, to suppress insurrections, and to repel invasions d. All of the above - 5 -
27. Which provision of the Constitution provides that the United States shall guarantee to every State in the Union a republican form of government? a. Article IV b. Article V c. Article VI d. There is no such guarantee in the Constitution. 28. Does the United States have the equivalent of British knights, who are given their title by the Monarchy? a. Yes, but we call them czars. b. Yes, because the Constitution expressly requires them. c. No, because the Constitution forbids titles of nobility. d. No, because no President has decided to grant such titles under his Article I powers. 29. Which provision of the Constitution safeguards the right to be free from excessive bail, excessive fines, and cruel and unusual punishments? a. Sixth Amendment b. Seventh Amendment c. Eighth Amendment d. None of the above 30. The Eighteenth Amendment, which prohibited the manufacture, sale, or transportation of intoxicating liquors within the United States, was repealed by which amendment? a. Twentieth Amendment b. Twenty-First Amendment c. Twenty-Second Amendment d. The Eighteenth Amendment has not been repealed. 31. Which provision of the Constitution explicitly gives Congress the power to lay and collect taxes on incomes? a. Article I b. Article IV c. Sixteenth Amendment d. Twenty-First Amendment - 6 -
32. Assuming that a state only has one representative in the House of Representatives, how many electors shall the state appoint to select the President as a part of the Electoral College? a. One b. Two c. Three d. Four 33. What Amendment gave persons of all races the right to vote? a. Fifteenth Amendment b. Fifth Amendment c. Tenth Amendment d. Article II 34. Why can t the Marines force you to house and feed them? a. The Second Amendment b. The Fourth Amendment c. The Third Amendment d. The Tenth Amendment 35. How long must a person be a citizen of the United States before being able to become a Representative in the House of Representatives? a. Four years b. Seven years c. Eight years d. There is no citizenship requirement for being able to become a Representative 36. Which of the following is granted by, provided for or prohibited in the Eighth Amendment? a. Excessive bail shall not be required b. In criminal prosecutions, the accused has the right to a speedy trial c. Persons shall not be subject to unreasonable searches and seizures d. The State shall not infringe on a person s right to keep and bear arms - 7 -
37. Which of the following acts would be improper for the United States Senate to perform: a. Sitting in joint session with the House of Representatives b. Creating an act in conjuncture with the House, which sets emissions standards when states have already created their own set of emissions limitations c. Adjudicating a dispute between two state governments d. Defining qualifications for being a member in good standing of the United States Senate 38. Vice President Jack Kinnick is elected in November 2020 and becomes President on November 20, 2022, when the President passes away unexpectedly. Assuming President Kinnick runs for reelection as often as he is eligible under the Constitution and wins any such election(s), when will his term as President expire? a. January 20, 2025 b. January 20, 2029 c. November 20, 2030 d. January 20, 2033 39. The president is required to give the Congress information on the state of the union a. Once a year b. In a public address before a joint session of the House and Senate c. Once a term d. From time to time 40. Which of the following ways is NOT a constitutional method for the Vice President to be selected? a. By a majority vote of the Electors (the Electoral College) appointed by each State b. By a majority vote of the states in the House of Representatives c. By a majority vote of the Senate d. By nomination of the President and confirmation by a majority vote of the Senate and House of Representatives 41. How old must a person be to be eligible to be President? a. 18 b. 21 c. 35 d. 40-8 -
42. Which of the following is not a power of the President enumerated in Article II? a. To levy and collect taxes b. Appoint ambassadors c. Grant pardons for offences of the United States d. Fill vacancies during the recess of the Senate 43. The right of trial by jury in civil cases is preserved in what provision? a. Fifth Amendment b. Sixth Amendment c. Seventh Amendment d. Twenty-First Amendment 44. The right of citizens of the United States who are 18 years of age or older to vote is protected by which provision of the Constitution? a. Article VI b. Thirteenth Amendment c. Sixteenth Amendment d. None of the above 45. The power to declare war is vested in the: a. President b. Senate c. United Nations d. None of the above 46. Which of the following rights is NOT explicitly mentioned in the First Amendment? a. Free exercise of religion b. Freedom of speech c. The right to peaceably assemble d. The right to privacy 47. Upon what evidence can someone be convicted of treason against the United States? a. A confession in open court b. The testimony of one witness to an overt act c. The testimony of two witnesses to the same overt act d. Either (A) or (C) - 9 -
48. Article I, Section 10, of the Constitution explicitly prohibits States from doing which of the following: a. Imposing the death penalty on persons under 14 years of age b. Establishing an official state religion c. Passing any law impairing the obligation of contracts d. All of the above. 49. According to the Constitution, which persons are citizens of the United States? a. All persons born in the United States b. All persons naturalized in the United States c. All persons subject to the jurisdiction of the United States d. All persons born or naturalized in the United States and subject to its jurisdiction 50. Money shall not be drawn from the United States Treasury unless: a. Congress has passed and the President has signed an appropriation for such money. b. The President has issued an Executive Order authorizing the expenditure. c. The Supreme Court has ordered the payment of such money. d. Any of the above. - 10 -
ESSAY QUESTION In February 2015, Congress passes and the President signs, the Ending Discrimination in Commerce Act. The Act becomes effective on May 1, 2015, and it: 1) Prohibits any person or business offering goods, services, facilities, or other accommodations to the public from refusing to serve or otherwise discriminating against any person on the basis of race, color, religion, national origin, sexual orientation, or gender identity. 2) Creates the five-member Equal Opportunity in Commerce Commission (EOCC) to enforce the provisions of the Act. The Commission accepts complaints from members of the public and is authorized to impose a civil penalty of up to $10,000 per violation against a person or business violating the Act. The Commission can only act with a quorum of three members. Cindy Washington owns and operates Wedded Blessings Photography in Dubuque, Iowa. In late May 2015, she is contacted by Jane Monroe and Elizabeth Jefferson, two residents of Wisconsin, who state that they are planning a same-sex marriage ceremony in Dubuque and would like to hire her as their photographer. Cindy declines, explaining that she does not photograph same-sex weddings because she believes, consistent with the teachings of her religion, that marriage should only be between a man and a woman. Jane Monroe and Elizabeth Jefferson file a complaint with the newly established EOCC, alleging that Wedded Blessings Photography violated the Ending Discrimination in Commerce Act by refusing to provide its photography services because of their sexual orientation. On June 26, most Senators and Members of Congress returned home to their districts for a twoweek period around the Fourth of July, with the understanding that no legislative business was scheduled in the Senate or House of Representatives. During this time, the Senate and House each continued to meet in a pro forma session every three days without conducting any legislative business. On July 2, 2015, the President appointed five individuals to serve as commissioners of the EOCC and they began immediately serving on the Commission. In announcing the appointments, the President explained The Senate has refused to vote on dozens of my nominees for important positions with my Administration. The work of the EOCC is of critical importance to begin and it cannot wait for an end to the gridlock in the Senate. On July 7, 2015, the five commissioners hold their first meeting. Among other actions, the Commission reviews Jane Monroe and Elizabeth Jefferson s complaint and votes unanimously to impose a fine of $8,000 against Wedded Blessings Photographers. Write an essay between 200 and 1000 words analyzing (1) whether the President s appointment of the EOCC commissioners was constitutional and (2) whether the EOCC s action imposing a fine against Wedded Blessings Photographers is constitutional. Make specific reference in your answer to any applicable Articles, Amendments and any other surrounding contextual constitutional authority on which you can reasonably rely. You may include actual historical or current examples of the application of any relevant constitutional authority. This is an openended question, and you are free to take any position you wish. - 11 -