Civics and Economics Pre-Test

In his book, The Spirit of Laws (1748), French philosopher Baron de Montesquieu wrote of a “tripartite system” of government in which the powers of government are separated and assigned to different bodies. How are Montesquieu’s ideas applied in the U.S. Constitution?

• three levels of government (local, state, and federal)
• three levels of the judiciary (district, appellate, and supreme courts)
• three civil protections (life, liberty, and the pursuit of happiness)
• three branches of government (legislative, executive, and judicial)

The Connecticut Compromise, also known as the Great Compromise of 1787, created a bicameral legislature in which representation in the House of Representatives was based proportionally on the number of people who lived in each state, while representation in the Senate was distributed equally among all states.
How did this plan ease tensions and contribute to the constitutional democracy that the United States maintains today?

• This plan was a compromise between the Federalists and Anti-Federalists since the House of Representatives would give more power to the individual states and the Senate would give more power to the federal government.
• This plan was a compromise between small states and large states and ensured that the large states would not dictate all of the legislation in the nation, while still limiting the power of the smaller states.
• This plan was a compromise between those who wanted Congress to rule with a prime minister and those who wanted a more powerful president because it gave a significant amount of power to both a Congress and a president
• This plan was a compromise between those who wanted to retain the structure of government created by the Articles of Confederation and those who wanted a completely new constitution since the Senate mirrored the former unicameral Congress.

Which would be the most effective argument Anti-Federalists might have used to justify their position during ratification debates?

• Average citizens cannot be trusted to control the complicated aspects of government.
• The state governments and the national government should share power equally.
• The national government needs final say when conflict occurs between federal and state governments.
• To protect individual liberties, limits must be placed on the power of the federal government.

The Congress shall have power . . . To coin Money, regulate the Value thereof . . . Article I, Section 8, U.S. Constitution
No State shall . . . coin Money . . . Article I, Section 10, U.S. Constitution
According to the above excerpts from the U.S. Constitution, the powers given to Congress but denied to the state governments are fundamental to which structure of government?

• separation of powers
• federalism
• checks and balances
• rule of law

The government in the United Kingdom is divided into three branches—an executive, a legislature, and a judiciary. The legislature, called Parliament, is divided into two houses—the House of Commons and the House of Lords. Members of the House of Commons are elected, while members of the House of Lords are appointed. The executive consists of the Prime Minister, the leader of the majority party in Parliament, and other ministers. All ministers are a part of the Parliament; thus, all people in the executive branch are also in the legislative branch. In some cases, these officials may also serve in the judiciary. The highest judicial power in the United Kingdom is the Supreme Court, which can overturn decisions if they violate the constitutional tenets of the nation.
Based on the description provided, what is the difference between the government of the United Kingdom and the government of the United States?

• The government in the United Kingdom lacks separation of powers, which is a central aspect of government in the United States
• Both the United Kingdom and the United States have a strong executive leader who makes decisions independent of the legislature.
• The government in the United States is a representational democracy, whereas the United Kingdom has a direct democracy.
• Both the United Kingdom and the United States have bicameral legislatures in which both houses are popularly elected.

Each agency, in accordance with published rules, shall make available for public inspection and copying—
(A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
(B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register;
(C) administrative staff manuals and instructions to staff that affect a member of the public;
excerpt from The Freedom of Information Act (FOIA), (5 U.S.C. § 552), 1966 Source: Courtesy of the Legal Information Institute, Cornell University, New York
According to the above excerpt, what is the purpose of the Freedom of Information Act (FOIA)?

• Congress passed FOIA to give citizens access to information from the federal government.
• A Supreme Court ruling established FOIA to allow states to communicate about internal procedures
• The president issued FOIA as an executive order to give federal agencies access to government manuals and documents.
• The Central Intelligence Agency mandated FOIA as a means of carrying out its duty to observe, collect, and create information on citizens.

The restriction on Johnson’s political expression is content based, since the Texas statute is not aimed at protecting the physical integrity of the flag in all circumstances, but is designed to protect it from intentional and knowing abuse that causes serious offense to others. It is therefore subject to the most exacting scrutiny. The Government may not prohibit the verbal or nonverbal expression of an idea merely because society finds the idea offensive or disagreeable, even where our flag is involved. Nor may a State foster its own view of the flag by prohibiting expressive conduct relating to it, since the Government may not permit designated symbols to be used to communicate a limited set of messages.
Texas v. Johnson, 1989
In the case of Texas v. Johnson, how did the U.S. Supreme Court protect the right of free speech?

• by ruling that national emergencies and war may not justify the restriction of speech
• by declaring that the government may not decide the intentions expressed by national emblems
• by establishing that students and adults have the same rights to free speech
• by affirming the right to trial by a jury of one′s peers, as defined by law

Which is a likely effect of increasing tariffs on imported cars?

• The price consumers pay for imported cars will rise.
• Unemployment rates will decrease.
• Car production will decline.
• More cars will be exported.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
        Article One, Section 6, US Constitution
What was the primary purpose of writing this clause into the U.S. Constitution?

• To maintain a clear separation of powers
• to limit the salary of government officials
• to restrict Congressional appointment powers
• to clarify responsibilities of regulatory agencies

The duties of the State Board of Elections are to guide and enforce Federal and State laws governing all elections conducted within the state. In addition to ensuring these laws are enforced, the State Board of Elections is responsible for implementing policies and procedures to ensure these laws are adhered to in a collective and effective manner.
        From the N.C. State Board of Elections
Which description summarizes the functions and authority of the State Board of Elections? 

• the group that writes the procedures for state and local election processes
• the group that regulates the selection of candidates by the political parties
• the group that oversees federal, state, and local trials regarding elections and the electoral processes
• the group that administers the laws, policies, and procedures of the federal, state, and local election processes