2025 Constitution Exam Study Guide

American Government Study Guide

In the earliest days our government type was_____.

Confederation

Which branch of government does the president lead?

Executive Branch

What branch of government has the power to carry out, enforce, and administer the law.

executive branch

What are the three types of power a government may exercise?

1. Legislative power

2. Executive power

3. Judicial power

Under what theory will a government form because people agree to submit to the authority of a state?

Social contract theory

Name the power that interprets the laws and settles disputes between members of society?

Judicial power

Why was James Madison given the title “Father of the Constitution”?

He helped write it and led its defense.

The large states supported the _____________ because it based representation on population.

Virginia Plan

While the small states favored the New Jersy Plan, they did accept the_____________ because states would still be represented equally in the Senate.

Great Compromise

What did the 3/5 compromise state?

That each enslaved person would count as three-fifths of a person for determining a state's population for representation and taxation.

What are each state’s electors equal to?

Are equal to the total number of its U.S. Senators (2) plus its Representatives in the House, which is based on population.

What is another name for the first ten amendments to the Constitution?

Bill of Rights

Name the two entities that may call a national convention to propose amendment to the Constitution?

• Congress, with a two-thirds vote in both the House and the Senate

• State legislatures, if two-thirds (currently 34 out of 50) request a convention

How are state legislatures able to ratify an amendment to the Constitution?

By approving it with a majority vote after Congress proposes it; three-fourths of the states (currently 38 out of 50) must ratify for it to be adopted.

What is protected under the Bill of Rights?

Protects individual freedoms such as speech, religion, press, assembly, petition, the right to bear arms, fair trial, protection from unreasonable searches, and freedom from cruel and unusual punishment.

What action did the 16th Amendment authorize?

Authorized Congress to collect income taxes without apportioning them among the states or basing them on the U.S. Census.

The principle of ____________ was established in the Supreme Court case of Marbury v. Madison.

judicial review

Although not specifically stated in the Constitution, the ________ serves as advisors to the President of the United States.

Cabinet

What group elects the President of the United States?

Electoral College

What is the purpose of the Preamble?

Is to state the goals of the Constitution, such as forming a more perfect union, establishing justice, and securing liberty.

What does “form a more perfect union” mean?

Means to create a stronger, more unified nation by improving cooperation among the states and establishing a better government.

How do checks and balances in reference to treaties?

By requiring the President to negotiate them, but the Senate must approve them with a two-thirds vote.

The _______ is often considered to be the executive branch’s most important check of the legislative branch.

Veto power

What principle of the Constitution is best represented by the phrase We the People?

popular sovereignty

What is the purpose of the judicial branch?

Is to interpret laws and ensure they are applied fairly and constitutionally.

In regard to the House of Representatives, what does “significant power of the purse” mean?

Controls government spending by initiating bills that raise revenue and allocate funds.

What system divides the duties of the government into three branches?

separation of powers

What principle is being used when the national, state, and local governments share equally in the governing of the country?

federalism

If a federal law and a state law conflict, the valid federal law will always take precedence, this is due to the ____________ which is located in.

Supremacy Clause; Article VI of the U.S. Constitution

What is ex post facto mean?

Means a law that makes an act illegal after it was committed, even though it was legal at the time.

What must a state do under full faith and credit?

Must recognize and respect the public acts, records, and judicial proceedings of other states.

What body resolves conflicts between state and federal governments?

Supreme Court

What body makes laws that reflect the will of the people in the United States?

Congress

What are the qualifications to be a member of the House of Representatives and what is the length of their term in office?

Must be at least 25 years old, a U.S. citizen for 7 years, and live in the state they represent. Their term is 2 years

What are the qualifications to be a member of the U.S. Senate and what is the length of their term of office?

Must be at least 30 years old, a U.S. citizen for 9 years, and live in the state they represent. Their term is 6 years.

What are the qualifications to be the President of the United States and what is their term of office?

Must be at least 35 years old, a natural-born U.S. citizen, and have lived in the U.S. for 14 years. The term is 4 years.

How many members are there in the House of Representatives and how is their membership determined?

435 members

How many members are there in the U.S Senate and how is their membership determined?

100 members — 2 senators from each state, regardless of population.

The states have the final authority to ratify any amendments propsed by ___________.

Congress

Define expressed powers and give examples.

Are specific powers directly stated in the Constitution. Examples include the power to tax, declare war, and regulate interstate commerce.

Define the writ of habeas corpus and give examples of when it may be suspended.

Protects against unlawful imprisonment by allowing a person to challenge their detention in court. It may be suspended during rebellion or invasion when public safety requires it.

Define gerrymandering.

Is the manipulation of electoral district boundaries to favor a political party or group.

Who is the most powerful member of the House of Representative?

The Speaker of the House

What is the line of succession to the presidency of the United States? How long will these people serve?

Starts with the Vice President, then the Speaker of the House, President pro tempore of the Senate, and then Cabinet members in order of their department’s creation. Each serves until a new president is elected or the original president can resume office.

The ________ amendment allowed for direct popular elections of senators.

17th

What must the president do to make a bill become a law?

Must sign the bill for it to become law. If not signed, it can still become law after 10 days unless vetoed.

If the president vetoes a bill, what action may Congress take to pass the bill?

Can override the veto with a two-thirds vote in both the House and Senate.

What are the executive powers of the president?

Enforcing laws, issuing executive orders, appointing federal officials, and commanding the military.

Describe original jurisdiction.

Is a court’s power to hear a case first, before any other court.

There are currently _______ associate judges and _____ chief justice on the supreme Court.

8;1

Describe judicial restraint and judicial activism. The idea that a judge should interpret the Constitution according to the Framers’ original intention.

Judicial restraint means judges limit their role, interpreting the Constitution by the Framers’ original intent. Judicial activism means judges interpret more broadly, adapting the Constitution to modern issues.

Judicial restraint = following the Framers’ original intention.

What was the decision in Dred Scott v Sanford?

The Supreme Court ruled that African Americans were not U.S. citizens and that Congress could not ban slavery in U.S. territories

In Tinker v Ohio, the Supreme Corut decided that schools could not prevent students from protesting the United States involvement in ____________.

Vietnam War

When is the national election Day?

Tuesday after the first Monday in November.

What are civil liberties?

Are fundamental rights and freedoms protected by the Constitution, such as freedom of speech, religion, and privacy.

Why was the Bill of Rights added to the Constitution?

To protect individual freedoms and limit government power, addressing concerns from states demanding guaranteed rights.

What is the free exercise clause of the Bill of Rights guaranteeing all citizens of the U.S?

Guarantees all U.S. citizens the right to practice their religion freely without government interference.

How does the Constitution define treason?

Levying war against the U.S. or giving aid and comfort to its enemies, requiring two witnesses or a confession in open court

According to Texas v. Johnson, why is it permissible to burn the American flag?

Because it is protected symbolic speech under the First Amendment.

Define double jeopardy.

Means a person cannot be tried twice for the same crime after a valid acquittal or conviction

How may an individual particiapte in the political process?

By voting, joining political parties, attending rallies, contacting officials, or running for office.

According to the Reapportionment Act of 1929 the ________ in Congress is reapportioned every ten years.

House of Representatives