UNIT 1 Foundations of American Democracy

5 Steps to a 5: 500 AP U.S. Government and Politics - Brian Stevens, William Madden 2022

UNIT 1 Foundations of American Democracy

From these conventions the Constitution derives its whole authority. The government proceeds directly from the people; is “ordained and established” in the name of the people; and is declared to be ordained.

“In order to form a more perfect union, establish justice, insure domestic tranquility, and secure the blessings of liberty to themselves and to their posterity.”

—Chief Justice John Marshall from McCulloch v. Maryland, 1819

1. According to Chief Justice Marshall, what constitutional principle is used to justify the credibility of the Constitution?

(A) Federalism

(B) Consent of the governed

(C) The emphasis on individual rights

(D) Checks and balances

2. What federal institution best reflects the belief Marshall is espousing above?

(A) The Supreme Court

(B) The federal bureaucracy

(C) The president’s cabinet

(D) The House of Representatives

3. The second paragraph above is an excerpt from which of the following documents?

(A) Federalist #10

(B) Preamble to the U.S. Constitution

(C) Declaration of Independence

(D) Articles of Confederation

The Declaration of Independence has been described as a lawyer’s brief written by Thomas Jefferson to justify the break of the American colonies from the British Empire.

4. The Declaration has been seen as a reflection of what Enlightenment philosopher?

(A) Alexis de Tocqueville

(B) Voltaire

(C) Montesquieu

(D) John Locke

5. Which political philosophy was the focus of the Declaration?

(A) Natural rights theory

(B) The social contract

(C) Capitalism

(D) Nationalism

6. Which of the following documents best reflects the values found in the Declaration of Independence?

(A) Federalist #51

(B) Federalist #70

(C) Lincoln’s Gettysburg Address

(D) “Letter from Birmingham Jail”

7. Which of the following decisions helped establish the supremacy of the federal government over the states?

(A) Marbury v. Madison (1803)

(B) McCulloch v. Maryland (1819)

(C) The Dred Scott decision (1857)

(D) Schenck v. the United States (1919)

8. After the writing and signing of the Constitution, how was the document ratified?

(A) Local town halls

(B) State legislatures

(C) Special state conventions

(D) The Articles of Confederation legislature

This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it.

—Abraham Lincoln, First Inaugural Address, March 4, 1861

9. What would be an example of an institution Lincoln would be referring to in his first inaugural address?

(A) The House of Representatives

(B) The right to own property

(C) The Bill of Rights

(D) The right to vote

10. Directly after the Civil War, what would be an example of a constitutional amendment that addressed the issue of the people becoming weary of an existing government?

(A) The Fourteenth Amendment, giving citizenship to the new freed slaves

(B) The Sixteenth Amendment, legalizing income taxes

(C) The Seventeenth Amendment, calling for the direct election of the U.S. senators

(D) The Nineteenth Amendment, giving women the right to vote

11. When Lincoln cited the people’s “revolutionary rights to dismember or overthrow it” (the government), he was referring to what political theory?

(A) The divine right theory

(B) The evolutionary theory

(C) The force theory

(D) The social contract theory

The President is at Liberty, both in law and conscience, to be as big a man as he can. His capacity will set the limit; and if Congress is overborne by him, it will be no fault of the makers of the Constitution.

—Woodrow Wilson, Constitutional Government in the United States

12. Which Foundational Document would support Wilson’s above thesis?

(A) Declaration of Independence

(B) Articles of Confederation

(C) Brutus #1

(D) Federalist #70

13. What constitutional principle would help prevent Congress from being “overborne by him [the president], it will be no fault of the makers of the Constitution?”

(A) Federalism

(B) Consent of the governed

(C) Checks and balances

(D) Popular sovereignty

14. Modern students of the Presidency would cite this informal power as a method of sidestepping Congress.

(A) Vetoing bills

(B) Selecting members of the cabinet

(C) Creating tax legislation

(D) Issuing executive orders

The Commerce Clause is one of the most prolific sources of national power in the United States and an equally prolific source of conflict with legislation of the state. While the Constitution vests in Congress the power to regulate commerce among the states, it does not say what the states may or may not do in the absence of congressional action.

—Justice Robert H. Jackson, H.P Hood & Sons v. DuMond, 1949

15. Although at times controversial, the Commerce Clause is an example of what type of constitutional power?

(A) Enumerated power

(B) Reserved power

(C) Implied power

(D) Judicial power

16. What has been a prime criticism of how the Commerce Clause has been used?

(A) Presidents have a hard time enforcing commerce laws.

(B) Commerce, at times, is hard to define.

(C) Congress has used the Commerce Clause as a method to promote an agenda other than commerce.

(D) The federal bureaucracy has been allowed to overregulate commerce with very little oversight.

The “judicial power” of Article III of the Constitution is the power of the federal government, and not of any inferior tribunal.

—Justice Louis Brandeis, Crowell v. Benson, 1932

17. Which of the following required Supreme Court cases reflects the views of Justice Brandeis: the dominance of the federal government over the states?

(A) Marbury v. Madison (1803)

(B) McCulloch v. Maryland (1819)

(C) Schenck v. the United States (1919)

(D) Baker v. Carr (1962)

18. Where in the Constitution would Justice Brandeis point to in order to justify his claim?

(A) Article I, Section 8, the Elastic Clause

(B) Article IV, Section 1, the Full Faith and Credit Clause

(C) Article V, Section 1, the Amending Power

(D) Article VI, Section 1, the Supremacy Clause

19. What judicial events below would fall under Brandeis’s view of the federal courts versus the state courts?

(A) The Supreme Court’s establishment of judicial review

(B) Allowing internment of Japanese Americans in the Korematsu case

(C) Striking down President Nixon’s claim of unlimited executive privilege in the U.S. v. Nixon (1974)

(D) The incorporation cases of the Warren Court in the 1960s

20. Which of the following is NOT a check on the federal judiciary?

(A) Presidents can nominate federal judges.

(B) The House of Representatives can impeach a federal judge.

(C) State supreme courts can overturn a federal court decision.

(D) The Senate can refuse to confirm a federal court nominee.

All eyes are on Justice Stephen Breyer’s future as the Supreme Court winds down its term in the next week. Political observers are holding their breath to see if the 82-year-old liberal justice will be stepping down from the court while Democrats are in the White House, which would give President Biden a chance to nominate a younger liberal to the court.

21. What constitutional provision makes the appointment of a new justice so critical in many citizens’ eyes?

(A) The minimum age requirement for appointment to the federal judiciary, including the Supreme Court

(B) The fact that a new justice has to be a natural-born citizen

(C) The fact that a new justice has to be confirmed by both congressional chambers

(D) Lifetime appointments can affect the policy making of the Supreme Court for decades.

22. What is the constitutional role of the Senate in the judicial nomination process?

(A) Power of the purse

(B) Advice and consent

(C) Proper interpretation of the Constitution

(D) Judicial review of nominations

23. Other than nominating people to the Supreme Court, what is a formal/informal way the president can impact the Court?

(A) The president can fire a justice of the Supreme Court.

(B) Impounding funds allocated to the Supreme Court could alter its decision making.

(C) The president can alter the Court’s jurisdiction.

(D) After the Supreme Court announces a decision, the president could hesitate to enforce the ruling.

The powers of the federal government are enumerated; it can only operate in certain cases; it has legislative powers on defined and limited objects, beyond which it cannot extend its jurisdiction.

—James Madison

24. In the above quote, James Madison is making an argument that the Constitution calls for a

(A) limited government.

(B) weak federal government.

(C) Congress with unlimited power.

(D) federal government with many implied powers.

25. In the Anti-Federalist paper Brutus #1, the author found great concern in

(A) the Supremacy Clause.

(B) the Necessary and Proper Clause.

(C) an overreaching federal government.

(D) All of the above

26. If an Anti-Federalist like Brutus could view our political world today, he or she would be worried about

(A) the amount of governance at the local government level.

(B) the Tenth Amendment.

(C) the expansive power of the federal government.

(D) the size and scope of the federal government.

27. Marriage licenses, birth certificates, and driver’s licenses are recognized from one state to another because of

(A) the Takings Clause.

(B) the Elastic Clause.

(C) the Full Faith and Credit Clause.

(D) the Supremacy Clause.

28. In order to secure ratification of the Constitution, what did James Madison and the Federalists offer as a carrot to the Anti-Federalists?

(A) Promise to elect an Anti-Federalist as the first president of the United States

(B) To amend the Constitution and limit the president to two elected terms

(C) To allow the states to nullify federal laws

(D) To add a Bill of Rights to the Constitution

29. Which state did not attend the Constitutional Convention?

(A) Georgia

(B) Rhode Island

(C) South Carolina

(D) Massachusetts

30. What event is generally considered the Founding Fathers’ wake-up call that eventually led to the Constitutional Convention?

(A) French and Indian war

(B) Boston Tea Party

(C) Signing of the Declaration of Independence

(D) Shays’ Rebellion

31. What enumerated power possessed by Congress acts as a form of oversight over the bureaucracy?

(A) The power of the sword

(B) The ability to declare war

(C) The power of the purse

(D) To power to determine bankruptcies

32. Although the existence of a federal government is not explicitly listed in the Constitution, it is strongly suggested in what constitutional amendment?

(A) The First Amendment

(B) The Fourth Amendment

(C) The Eighth Amendment

(D) The Tenth Amendment

33. What is the power employed by the federal government to help ensure that state governments follow the Constitution?

(A) The president’s pardon power

(B) Judicial review over state laws used by the Supreme Court

(C) Bureaucratic discretion employed by the federal bureaucracy

(D) Congress’s ability to override the president’s veto

34. When the Bill of Rights was ratified in 1791, the amendments were originally thought to protect citizens against

(A) oppressive state governments.

(B) oppressive local governments.

(C) an oppressive federal government.

(D) oppressive municipal governments.

35. Which Foundational Document infers that the Supreme Court has the power of judicial review?

(A) The Declaration of Independence

(B) The Constitution

(C) Brutus #1

(D) Federalist #78

36. Which of the following are NOT part of the U.S. Constitution?

(A) Preamble

(B) The Articles

(C) Amendments

(D) Federal laws

37. At the Constitutional Convention, what was the major result of the Connecticut (Great) Compromise?

(A) A weak executive branch led by the president

(B) Creation of a one-chamber legislature

(C) Largely a continuation of the Articles of Confederation

(D) An independent judiciary with lifetime appointments

38. According to the Constitution, what is the minimum number of Electoral votes a state can have?

(A) 3

(B) 4

(C) 5

(D) 6

39. What best describes the Articles of Confederation?

(A) Unitary government with a strong executive branch

(B) A federal government with an independent judiciary

(C) A loose alliance of states with a weak national government

(D) An oligarchy led by a few strong leaders from the larger states

40. A federal structure is not explicitly mentioned in the Constitution, but a confederate structure is definitely mentioned in the Articles of Confederation. Which article/amendment was a carryover from the Articles?

(A) Article I: bicameral legislature

(B) Article IV: Full Faith and Credit Clause

(C) Amendment 10: reserved powers to the states

(D) Amendment 14: Due Process Clause in regard to the states

The fabric of the American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE. The streams of national power ought to flow from that pure original fountain of all legitimate authority.

—Alexander Hamilton, Federalist #22

41. What tenet of American government is Hamilton referring to in Federalist #22?

(A) Federalism

(B) Checks and balances

(C) Protection of individual rights

(D) Popular sovereignty

42. Although Hamilton claims that “the fabric of the American empire ought to rest on the solid basis of THE CONSENT OF THE PEOPLE,” there are arguments that the original Constitution does not call for this consent. Which national institution calls for direct consent of the people?

(A) The Electoral College

(B) The Senate

(C) The House of Representatives

(D) The Supreme Court

43. Which of the following amendments called for consent of the people not found in the original Constitution?

(A) Amendment 15: African American men get the right to vote

(B) Amendment 19: women receive the right to vote

(C) Amendment 24: elimination of the poll tax

(D) All of the above

The powers delegated by the proposed Constitution to the federal government are few and defined. Those that are to remain in the State governments are numerous and indefinite.

—James Madison, Federalist #45

44. In Federalist #45, Madison is trying to sell the new Constitution to the citizens of New York. His pitch to the citizens is that this is a constitution that promotes

(A) popular sovereignty.

(B) individual rights.

(C) consent of the governed.

(D) limited government.

45. What powers is Madison describing that the federal government has that are “few and defined”?

(A) Expressed powers

(B) Reserved powers

(C) Concurrent powers

(D) Inherent powers

46. What is Madison describing that give the state governments “numerous and indefinite” powers?

(A) Expressed powers

(B) Reserved powers

(C) Concurrent powers

(D) Inherent powers

47. Which of the following items was NOT included in the Articles of Confederation?

(A) A one-house legislature

(B) Weak central government

(C) Inability to tax

(D) All 13 states needed to pass an amendment

48. Which of the following is an example of a reserve power of the states?

(A) The ability to raise an army

(B) The ability to provide educational services

(C) The ability to coin money

(D) The ability to create post offices and post roads

49. Which of the following is an example of a concurrent power?

(A) The ability to tax

(B) The ability to create a judiciary

(C) The ability to enact laws

(D) All of the above

50. The federal Bill of Rights was ratified in 1791. The intent of the Bill of Rights was to provide protection against

(A) an overreaching federal government.

(B) state governments.

(C) municipal governments.

(D) county government.

51. Which of the following powers listed is a concurrent power, a power that is held by both state and federal governments?

(A) The ability to coin money

(B) Naturalization of immigrants

(C) Regulation of marriage

(D) The power to tax

52. In our bicameral legislature, what is an exclusive power given only to the House of Representatives?

(A) Origination of all taxation bills

(B) Oversight of the bureaucracy

(C) Advice and consent on treaties and presidential nominations

(D) The ability to create standing committees

53. In our bicameral legislature, what is an exclusive power given only to the Senate?

(A) The ability to create legislation

(B) Confirmation of public officials nominated by the president

(C) The ability to impeach the president

(D) All of the above

54. From a governmental structural standpoint, what is the difference between the Articles of Confederation and the Constitution?

(A) The Articles had a two-house legislature, whereas the Constitution has a one-house legislature.

(B) The Articles used a plural executive, whereas the Constitution has a single executive.

(C) A judicial branch was found in the Articles, whereas the Constitution does not include a judicial branch.

(D) The Articles had a confederate structure, whereas the Constitution calls for a federal structure.

55. Gerrymandering is a governmental practice in regard to

(A) reapportionment.

(B) allocation of Electoral College votes.

(C) redistricting of congressional districts.

(D) the Census realigning congressional districts.

56. The Constitution creates a system that prevents excessive power from being accumulated by the national government through

(A) judicial review.

(B) federalism.

(C) checks and balances.

(D) representative government.

57. The Anti-Federalists’ opposition to the Constitution was predicated on the belief that a strong central government would

(A) empower the general public and undermine government officials.

(B) create states that were free to act in their own interests.

(C) not be an effective way to deal with other nations.

(D) strip states and individuals of their rights and the authority to make laws.

58. The constitutional provision that allows Congress to expand its legislative power is the

(A) Supremacy Clause.

(B) Necessary and Proper Clause.

(C) Commerce Clause.

(D) Implied Powers Clause.

59. Historically, the most frequent method for amending the Constitution has been for

(A) two-thirds of the states to request a constitutional convention to ratify a new amendment.

(B) a two-thirds vote in Congress to be followed by ratification in three-fourths of the state legislatures.

(C) three-fourths of special state constitutional conventions to ratify a new amendment.

(D) a three-fourths vote in Congress to be followed by ratification in two-thirds of the state legislatures.

60. The plan proposed by James Madison at the Constitutional Convention that proved to be the foundation of the structure of Congress was the

(A) New Jersey Plan.

(B) Connecticut Plan.

(C) Virginia Plan.

(D) Great Compromise.

61. The New Jersey Plan, an alternative to the Virginia Plan, received states’ rights support because it

(A) created an independent judiciary.

(B) created a powerful executive.

(C) maintained representation based on the population of a state.

(D) maintained the one-state, one-vote structure that existed under the Articles of Confederation.

62. The Seventeenth Amendment altered the original structure of dual federalism toward shared federalism by

(A) allowing the direct election of senators.

(B) creating a national income tax.

(C) allowing the federal government to prevent the sale of alcohol.

(D) providing due process to state law.

63. In the case Marbury v. Madison, the Supreme Court established the Court’s ability to

(A) practice judicial restraint.

(B) declare laws unconstitutional.

(C) exercise its appellate jurisdiction.

(D) utilize judicial activism.

64. The federal government uses the power of the purse to control the actions of the states

(A) categorical grants

(B) block grants

(C) funded mandates

(D) all of the above

65. Under the federal system, which type of federal grant-in-aid gives states an exact amount to spend?

(A) Categorical grants

(B) Matching grants

(C) Treasury grants

(D) Block grants

66. The social contract theory calls for an agreement between

(A) the people and the government.

(B) the national government and state governments.

(C) state and local governments.

(D) the people and God.

67. A writ of certiorari is

(A) the official denial from the Supreme Court to hear a case.

(B) the official request to hear a lower-court case.

(C) the official acceptance from the Supreme Court to hear a case.

(D) the official order to a lower court to reverse a decision.

68. The Tenth Amendment offers the most explicit endorsement of federalism because it

(A) states that all powers not given to the national government rest with state governments.

(B) states that all powers not given to the national government rest with the people.

(C) provides for a clear separation between national and state governments.

(D) establishes the spheres of influence of each level of government.

69. The supremacy of the federal government over the states was firmly established in what case?

(A) McCulloch v. Maryland

(B) Marbury v. Madison

(C) Barron v. Baltimore

(D) Gibbons v. Ogden

70. The judicial branch’s primary power in the checks and balances system is

(A) declaring laws and executive orders unconstitutional.

(B) overseeing impeachment trials for high-ranking government officials.

(C) having original jurisdiction over international treaties.

(D) overseeing the function of lower federal courts.

71. In United States v. Lopez, what congressional power did the Supreme Court rule Congress exceeded when attempting to keep handguns away from schools?

(A) The Commerce Clause

(B) The Necessary and Proper Clause

(C) The Establishment Clause

(D) The ability to tax

72. Which of the following is the term used for pushing some of the federal government’s responsibilities back to the states?

(A) Entitlements

(B) Revenue sharing

(C) Devolution

(D) Mandates

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty, and pursuit of happiness.

—Thomas Jefferson, Declaration of Independence

73. When Jefferson was writing this passage in the Declaration of Independence, what political theory was he drawing from?

(A) The force theory

(B) Popular sovereignty

(C) Consent of the governed

(D) Natural rights theory

74. In the Constitution that was written after the Declaration of Independence, what part is a good example of unalienable rights?

(A) Electoral College

(B) Bill of Rights

(C) Bicameral legislature

(D) All of the above

75. What clause in the Constitution is a reflection of Jefferson’s belief in “life, liberty, and the pursuit of happiness”?

(A) The Full Faith and Credit Clause in Article IV

(B) The Supremacy Clause in Article VI

(C) The Due Process Clause in Amendment 5

(D) The Takings Clause in Amendment 5

76. What was a major concern of the Anti-Federalists at the time of the Constitution’s ratification?

(A) That the unicameral legislature had too much power

(B) That the Elastic Clause was far too vague and could be abused by Congress

(C) That the new Constitution made the judiciary the dominant branch

(D) That a unitary structure under the Constitution centralized power far too much

The House of Representatives . . . can make no law which will not have its full operation on themselves and their friends, as well as the great mass of society. This has always been deemed one of the strongest bonds by which human policy connects the rulers and the people together . . . but without which every government degenerates into tyranny.

—James Madison, Federalist #57

77. In Federalist #57, why is Madison arguing that an institution such as the House of Representatives is so necessary?

(A) Without the House of Representatives, the president would be allowed to dominate.

(B) Proper and successful government needs an instrument to connect the people to government, and the House of Representatives does that.

(C) Making laws in the House of Representatives aids the elite in society.

(D) All of the above

78. In this passage from Federalist #57, Madison is making a direct pitch for what type of democracy?

(A) Participatory

(B) Elite

(C) Pluralist

(D) Collective

79. Concurrent powers are powers possessed by both the federal and state governments. Which of the following is an example of a concurrent power?

(A) The ability to coin money

(B) The power to tax

(C) The power to create post offices and post roads

(D) The power to make and maintain a military

80. One criticism of having a federal system is that

(A) federal and state policies may come in conflict with each other.

(B) federalism perpetuates racism by allowing the states to pass discriminatory laws such as poll taxes.

(C) a federal system can create confusion when making and enforcing policy.

(D) All of the above

81. What clause in the Constitution allows the federal government to take private land for public use?

(A) The Full Faith and Credit Clause

(B) The Supremacy Clause

(C) The Takings Clause

(D) The Due Process Clause

82. A pivotal event that symbolized the problems with the Articles of Confederation and demonstrated the need to reform them was

(A) Shays’ Rebellion.

(B) Nat Turner’s Rebellion.

(C) the failure of all states to send troops for defense against a British attack.

(D) a national tax to help pay the debt incurred by the Revolutionary War.

83. Which of the following is an accurate description of the arguments found in Federalist #10 and #51?

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84. Which of the following is a correct description of constitutional enumerated powers and reserved powers?

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85. Which of the following is an accurate description of the Declaration of Independence and the Constitution?

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86. Which of the following were points of interest in Federalist #70 and Federalist #78?

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87. Which of the following pairings accurately provides arguments found in Brutus #1 and Federalist #10?

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88. Which pairing is an accurate description of the Virginia and New Jersey Plans?

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89. Which of the following pairings provides an example of the Full Faith and Credit Clause and the Supremacy Clause?

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90. Which pairing presents examples of the constitutional principles of checks and balances and separation of powers?

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91. Find the pairing that provides an accurate description of constitutional expressed powers and reserved powers.

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92. Which of the following documents supported the Federalists and Anti-Federalists causes?

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