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CONSTITUTIONAL
REFERENCE MATERIAL FOR STUDY
For your
information: This material was obtained from an
Educational Manual published by the California Bicentennial
Commission, circa 1987. Revised by Dean Schields in
2006, Covbe Creek Elementary School, North Carolina.
If you desire further educational material for study
or teaching we highly recommend visiting the National
Constitution Center of Phildelphia, PA webpage.
1.Q:
Who was the first person to suggest a "mixed government"
or divided powers in government?
A: Polybius, Historian of Greece (205-125 BC)
2.Q: Why did Sir William Gladstone, the British
Prime Minister say, "The Constitution was the most
wonderful work ever struck off at a given time by
the brain and purpose of man?"
A: He said this because the Constitution is the
most nearly perfect governmental document ever conceived.
3.Q: 90% of all nations in the U.N. sustained
a violent change in their government in the 20th century.
Why do you think our Republic has lasted for over
200 years?
A: We have the most frequent and numerous
elections in the world, and can change our Representatives
through elections, making revolutions unnecessary.
4.Q: Who conceived the idea of a free market
economy and wrote The Wealth of Nations, upon
which our capitalistic system is based?
A: Adam Smith, 1723-1790.
5.Q: What country had the first Republic?
A: Rome.
6.Q: What country had the first Democracy?
A: Greece.
7.Q: Why is our Republican form of government
so unique?
A: It is unique because the power of government
is equally divided between the three branches, and
the ultimate power is vested in the people.
8.Q: What is the Constitution of the United
States of America ?
A: The supreme law of the land.
9.Q: Which are the original 13 united states?
A: Delaware, Pennsylvania, New Jersey, Georgia,
Connecticut, Massachusetts, Maryland , South Carolina,
New Hampshire, New York, Virginia , North Carolina,
and Rhode Island.
10.Q: From what four Freedom Documents did
our Constitution and Bill of Rights derive its philosophy?
A: Magna Carta, 1215; Petition of Rights,
1628; Writ of Habeas Corpus, 1679; and the English
Bill of Rights, 1689.
11.Q: Where did the final surrender of the
British to the American troops take place, ending
the Revolutionary war?
A: Yorktown, Virginia, in 1783.
12.Q: How long did the Revolutionary War
last?
A: Eight years, from 1775 to 1783.
13.Q: Who is the father of our country?
A: George Washington.
14.Q: After the Revolutionary War ended in
1783 the 13 states formed the Continental Congress
under the Articles of Confederation for 11 years.
Why did the Articles of Confederation need to be changed?
A: The articles needed to be changed because the
central government was not strong enough to enforce
laws.
15.Q: What meetings were called by the states
to change the Articles of Confederation?
A: The first meeting at Annapolis in 1786 did
not have a quorum; The second was in Philadelphia
in 1787.
16.Q: The delegates were instructed to change
the Articles of Confederation at Independence Hall,
Philadelphia but what happened?
A: They wrote a new Constitution instead.
17.Q: Who kept the most complete record of
the 1787 Constitutional Convention and is known a
the "Father of the Constitution"?
A: James Madison
18.Q: Who was the President of the 1787 Constitutional
Convention?
A: George Washington
19.Q: Which state did not send delegates
to the Constitutional Convention and was the last
of the 13 states to ratify the Constitution?
A: Rhode Island
20.Q: How many states had to ratify the Constitution
before it could be put into effect?
A: Nine, about ¾ of the original states (Article
7)
21.Q: Fifty five delegates attended the Constitutional
Convention. How many of them actually signed the document?
A: Thirty nine
22.Q: Why did three delegates at the Constitutional
Convention refuse to sign the Constitution?
A: They refused to sign because they wanted a
Bill of Rights included
23.Q: To whom is Benjamin Franklin reputed
to have said , “A Republic, if you can keep it," when
asked what kind of government the Constitutional Convention
approved?
A: A lady on the street.
24.Q: Name the first state to ratify the
Constitution?
A: Delaware (December 7, 1787)
25.Q: Which state’s ratification provided
the majority required to put the Constitution into
effect?
A: New Hampshire, the 9th state (June 21, 1788)
26.Q: When did the Constitutional Convention
begin in Philadelphia?
A: May 25, 1787.
27.Q: Who is credited with writing the Preamble
and final draft of the Constitution?
A: Gouveneur Morris of Pennsylvania
28.Q: When was the Constitution signed?
A: September 17, 1787.
29.Q: What two cities became our capitols
before Washington D.C. became our permanent capitol?
A: New York, New York and Philadelphia, Pennsylvania
30.Q: Who was President of the United States
when the District of Columbia was selected as the
nation’s capitol ?
A: George Washington, who personally selected
the site.
31.Q: Who was the first president to live
in the White House in Washington D.C.?
A: President John Adams, the second president
of the United States of America.
32.Q: What is the title of the 85 essays
written under the name "Publius" in New York advocating
the ratification of the Constitution?
A: The Federalist Papers
33.Q: What three authors contributed to "The
Federalist" essays supporting ratification of the
Constitution?
A: Alexander Hamilton, James Madison, and John
Jay
34.Q: What are the three branches of government?
A: Executive, Legislative, and Judicial
35.Q: How old must a person be to become
president of the United States?
A: 35 years old (Article 2, Section 1, Clause
5)
36.Q: On what day does a new President take
office?
A:January 20th (Amendment 20)
37.Q: How long is the President’s term in
office ?
A: 4 years (Article 2, Section 1, Clause 1)
38.Q: How many days does a president have
to either sign or return a bill before it becomes
law?
A: 10 days (Sundays excepted) (Article 1, Section
7, Clause 2)
39.Q: Which Congressional body has the sole
power of impeachment?
A: The House of Representatives (Article 1, Section
2, Clause 5)
40.Q: Which Congressional body has the sole
power to try impeachments?
A: The Senate (Article 1, Section 3, Clause 6)
41.Q: How many amendments are contained in
the Bill of Rights?
A: Ten.
42.Q: How long a period elapsed between the
time Congress introduced the Bill of Rights and the
ratification by ¾ of the states?
A: Two years and three months (September 25, 1789
to December 15, 1791).
43.Q: Does a member of the House of Representative
have to live in the state they represent?
A: Yes.
44.Q: Why can't members of Congress be called
into question somewhere else for anything they may
say on the floor or in committee of Congress?
A: To ensure complete freedom.
IN REFERENCE TO THE 27 CONSTITUTIONAL AMENDMENTS
(CONDENSED)
45.Q: Which amendment protects the right
of American citizens to petition the government for
redress of grievances?
A:The first amendment.
46.Q: Freedom of the press is protected in
which amendment?
A: The first amendment.
47.Q: What amendment guarantees freedom of
speech and peaceably assemble? |
A: The first amendment.
48.Q: What amendment guarantees freedom of
religion?
A: The first amendment.
49.Q: Which amendment protects the right
to bear arms?
A: The second amendment.
50.Q: Which amendment prohibits soldiers
from moving into a home without consent of the owner?
A: The third amendment.
51.Q: Which amendment protects Americans
from unreasonable search and seizure?
A: The fourth amendment.
52.Q: Which amendment protects an individual
from being charged twice for the same crime?
A: The fifth amendment.
53.Q: Which amendment forbids the government
from compelling a person accused of a crime to testify
against himself?
A: The fifth amendment.
54.Q: Which amendment protects against the
government from taking private property for public
use without just compensation?
A: The fifth amendment.
55.Q: The right to a speedy and public trial,
by an impartial jury in the state and district where
the crime was alleged, is prescribed in which amendment?
A: The sixth amendment.
56.Q: Which amendment prescribes a trial
by jury?
A: The seventh amendment.
57.Q: Which amendment prohibits imposing
excessive fines and inflicting cruel and unusual punishment
?
A: The eighth amendment.
58.Q: Which amendment states that the rights
guaranteed in the Constitution may not be denied?
A: The ninth amendment.
59.Q: Which amendment states that all powers
not delegated to the Federal Government by the Constitution
are reserved for the states or people?
A: The tenth amendment.
60.Q: Which amendment says that the citizens
of one state may not sue the citizens of another?
A: The eleventh amendment.
61.Q: What amendment contains the laws governing
the Electoral College?
A: The twelfth amendment.
62.Q: Which amendment prohibits slavery?
A: The thirteenth amendment, proposed on January
31, 1865 and ratified on December 6, 1865.
63.Q: Equal protection of the laws is protected
by which amendment?
A: The fourteenth amendment, proposed on June
13, 1866 and ratified on July 9, 1868.
64.Q: Persons who have given , "aid and comfort
to the enemy" are prohibited from holding U.S. office
under the provisions of which amendment?
A: The fourteenth amendment, proposed on June
13, 1866 and ratified on July 9, 1868.
65.Q: Which amendment prohibits the government
from denying the right to vote to persons because
of their race, color, or previous condition of servitude?
A: The fifteenth amendment, proposed February
26, 1869 and ratified on February 3, 1870.
66.Q: Congress is granted power to collect
taxes on incomes under the terms of which amendment?
A: The sixteenth amendment, proposed on July 2,
1909 and ratified on February 3, 1913.
67.Q: In the original Constitution the U.S.
Senators were elected by each state legislature in
order to protect state rights in the Congress. How
did amendment 17 change this election process?
A: The seventeenth amendment mandates U.S. Senators
be elected directly by the people of their state.
68.Q: Which amendment prohibits the sale
of alcohol?
A: The eighteenth amendment.
69.Q: Which amendment gave women the right
to vote?
A: The nineteenth amendment, proposed
on June 4,1919 and ratified on August 18, 1920.
70.Q: When is the Congress sworn in?
A: On January 3 (Amendment 20).
71.Q: Which amendment repealed prohibition?
A: The twenty first amendment.
72.Q: Which amendment states that no president
shall be elected more than two terms?
A: The twenty-second amendment.
73.Q: In what amendment was The District
of Columbia granted three electors to the Electoral
College so it could be represented in Presidential
elections?
A: The twenty-third amendment.
74.Q: What amendment repeals the poll tax
or any other tax which denied the right to vote?
A: The twenty fourth amendment.
75.Q: Succession of the presidency in case
of the death or impairment of the president is decided
in which amendment?
A: The twenty fifth amendment.
76.Q: Which amendment prescribes that citizens
who reach the age of eighteen shall not be denied
the right to vote on account of age?
A: The twenty sixth amendment, proposed on March
23, 1971 and ratified on July 1, 1971.
77.Q: Which amendment states that compensation
for the Congress shall not take effect until after
the election of Congress shall have intervened?
A: The twenty seventh amendment.
ADDITIONAL EDUCATIONAL MATERIAL
78.Q: How do the first ten amendments differ
from the others?
A: The Bill of Rights states what the government
may not do, asserting rights of the people with which
no law or government activity my interfere.
79.Q: How many articles does the Constitution
contain?
A: The Constitution contains seven articles.
80.Q: Article one in the Constitution regulates
what branch of government?
A: The Legislative branch.
81.Q: The Executive branch is regulated by
which article in the Constitution?
A: Article 2.
82.Q: To what branch of government does Article
three refer?
A: The Judicial branch.
83.Q: Relations of the states is regulated
by which article ?
A: The Fourth Article.
84.Q: To what does the Fifth Article refer?
A: The amendment process.
85.Q: Where in the Constitution does it refer
to the Constitution as the Supreme Law of the Land?
A: In Article 6.
86.Q: Which article specifies the rules for
Ratification of Amendments?
A: Article 7.
87.Q: How many members does the Congress
have?
A: 535 (100 Senators, 435 members of the House
of Representatives)
88..Q: How often are elections held for members
of the House of Representatives ?
A: Every two years (Article 1, Section 2, Clause
1).
89.Q: How long must a person be a citizen
of the US before he can become a member of the House
of Representatives?
A: Seven years (Article 1, Section 2, Clause
2).
90.Q: How old must a person be before becoming
a member of the House of Representatives?
A: 25 years old (Article 1, Section 2 , Clause
2).
91.Q: To what do we refer when we say "The
Congress"?
A: The House of Representatives and the
Senate.
92.Q: How long is a Senator’s term of office?
A: Six years (Article 1, Section 3, Clause 1).
93.Q: Who serves as President of the Senate?
A: The Vice President of the U.S.(Article 1, Section
3, Clause 4).
94.Q: How often are Senators elected?
A: Every 6 years (Article 1, Section 3, Clause
2).
95.Q: How old must a person be before they
can serve in the Senate?
A: Thirty years old (Article 1, Section 3, Clause
3).
96.Q: For how long must a person be a U S
citizen before they are qualified to serve in the
Senate?
A: Nine years (Article 1, Section 3, Clause 3).
97.Q: How many Senators must be present for
the Senate to conduct business?
A: Forty-one (Article 1, Section 8, Clause 12).
98.Q: Which branch of government is charged
with the development of the military?
A: The Congress (Article 1, Section 8, Clause
12).
99.Q: Who is Commander in Chief of our armed
forces?
A: The President.
100.Q: Can the Commander in Chief call the
state militia’s to active duty?
A: Yes.
101.Q: How many amendments have been made
to the Constitution?
A: Twenty-seven.
102.Q: Conviction for treason as defined
in the Constitution requires the testimony of how
many witnesses to the same overt act?
A: Two (Article 3, Section 3, Clause 3).
103.Q: Which of the three branches of government
does the Constitution give power to define and punish
piracies committed on high seas?
A: The Congress (Article 1, Section 8, Clause
10).
104.Q: Which branch of government does the
Constitution empower to declare punishment for treason?
A: The Congress (Article 4, Section 3, Clause
3).
105.Q: How old must a person be before they
can qualify for U S citizenship to become a naturalized
citizen?
A: 18 years old.
106.Q: Which delegates of the Constitutional
Convention invented the concept of Daylight Savings
Time?
A: Benjamin Franklin.
107.Q: Which one of the delegates at the
Constitutional Convention initiated the first public
library in America?
A: Benjamin Franklin.
108.Q: For how long does a patent protect
an inventor for the exclusive benefit of the inventor?
A: A limit of seventeen years (Article 1, Section
8, Clause 8).
109.Q: To what does the President, the military,
the federal, and the state officials swear to uphold
and defend?
A: The Constitution.
110.Q: What does a Writ of Habeas Corpus
mean?
A: A defendant may appear at their trial.
111.Q: Can any state enter into a treaty
with a foreign country?
A: No, only the Congress.
112.Q: Can any state government lay a tax
or duties on imports or exports from their state?
A: No, only the Congress
113.Q: Can states keep troops or ships of
war in times of peace?
A: Not without the consent of Congress
114.Q: How many states must approve a change
in the Constitution before it becomes law?
A: Three fourth of the States (Article 5).
115.Q: Can the House and Senate expel a member
for improper behavior?
A: Yes by a 2/3 majority vote.
116.Q: What is the "Congressional Record"?
A: A daily written record of the proceedings of
the Congress.
117.Q: What department has the authority
to coin money and regulate the value thereof?
A: The Congress.
118.Q: Who decides the standard of weights
and measures?
A: The Congress.
119.Q: Who has the power to declare war?
A: The Congress.
120.Q: Who decides on the appropriations
for the military ?
A: The Congress.
121.Q: Why are the appropriations for the
military only extended for two years?
A: To avoid a military takeover.
122.Q: What is a state militia?
A: A state militia is the official army of each
state.
123.Q: Before Washington D.C. became the
Capitol to what state did it belong ?
A: It belonged to Maryland.
124.Q: How large an area was ceded by Maryland
for the capitol?
A: 10 square miles.
125.Q: The president appoints officials under
what provisions?
A: With the advise and consent or confirmation
of the Senate.
126.Q: When the President declares an "Executive
Order" does it become law?
A: Not always.
127.Q: What is required for a President to
be impeached ?
A: The President needs to be accused by the
House of Representatives and tried by the Senate.
128.Q: Who presides over the presidential
impeachment proceedings?
A: The Chief Justice of the Supreme Court.
129.Q: Can the President call state militia
to active duty?
A: Yes.
130.Q: To what is the President the "Commander
in Chief?
A: The military.
131.Q: Who can grant reprieves and pardons
for offenses against the U.S.?
A: The President.
132.Q: Can the President grant reprieves
and pardons against impeachment of a judge or officer
of the Executive branch?
A: No.
133.Q: The President can make treaties but
does he need the approval of 2/3 of the Senate or
the whole Congress?
A: 2/3 of the Senate present.
134.Q: The Vice President is the only official
who serves in two branches of government, what are
they?
A: The Executive and the Legislative branch.
135.Q: When does the Vice President serve
in the legislative branch?
A: When he has to serve in the Senate proceedings.
136.Q: Is the Vice President allowed to vote
in Senate Proceedings?
A: No, he is not allowed to vote.
137.Q: When does the Vice President have
the right to vote in the Senate?
A: He can vote only when there is a tie in the
Senate.
138.Q: When a Vice President becomes President
in case of the demise of the President is a new Vice
President elected?
A: No, a new Vice President is not elected.
139.Q: How is the new Vice President put
into office?
A: The new Vice President is appointed
by the President, with the majority consent of the
Congress.
140.Q: What branch of government regulates
commerce?
A: The Congress.
141.Q: The House of Representatives and Senate
cannot send a bill to the President unless what? |
A: The cannot send a bill unless the wording in
the bill is the same.
142.Q: For how long may the President keep
a bill for his veto or approval?
A: He may keep it for 10 days.
143.Q: Why was the Electoral College created?
A: To make the Presidential election a Republican
representative form of election.
144.Q: Who votes in the Electoral College?
A: Electors vote in the Electoral College.
145.Q: How many Electors in the Electoral
College?
A: There are 538 electors.
146.Q: What do these 538 electors represent?
A: They represent 435 Congressional Districts
plus 100 for the Senate and 3 Electors assigned to
Washington D.C.
147.Q: How many Electoral Votes does it take
to win the presidency?
A: It takes 270 electoral votes.
148.Q: What would happen if there were no
Electoral College?
A: Presidential candidates would campaign only
in the most populous states and legislate in their
favor to get re-elected.
149.Q: Without the Electoral College what
would happen to the political parties?
A: Multiple parties would arise making our government
as unstable as countries who have multiple parties
in their governments.
150.Q: Do the Electors always cast their
vote in their state capitol whether their candidate
wins or not?
A: No, they do not.
151.Q: Is there an Elector for every presidential
candidate in each party for each Congressional district
?
A: Yes, there is.
152.Q: Does only the Elector of the winning
candidate get to cast their vote in the state capitol?
A: Yes.
153.Q: Where are the Electoral College votes
counted?
A: In the Capitol Washington, D.C.
154.Q: When do the Electors get to cast their
vote for the winning candidate?
A: On the Monday following the 2nd Wednesday of
December.
155.Q: What is the function of the Supreme
Court?
A: To interpret the Constitution in its original
intent.
156.Q: How many judges are there on the Supreme
Court?
A: There are nine judges.
157.Q: Who sits on the Supreme Court?
A: The Chief Justice and eight Associate Justices.
158.Q: For how long do they serve?
A: They serve for life.
159.Q: How are they appointed?
A: Appointed by the President with confirmation
by 2/3 of the Senate
160.Q: The Constitution can be amended by
approval of 2/3 of the Congress and how many of the
state legislatures?
A:Three quarters of the state legislatures.
161.Q: Why did the Founding Fathers make
the amendment process so cumbersome?
A: So the Constitution could not be easily changed
due to a whim, mob rule, or power struggles.
162.Q: What motivated the Founding Fathers
to write the Constitution?
A: Their quest for individual freedom.
163.Q: If a U.S. Senate seat becomes vacant,
how is the vacancy filled?
A: The Governor of the state appoints someone
to fill the vacancy.
164.Q: Why was the District of Columbia accorded
three Electors in presiden6tial elections?
A: So the people who live in the District of Columbia
can be represented in Presidential elections.
165.Q: Who wrote the Pledge of Allegiance
and when?
A: Francis Bellamy wrote the Pledge of
Allegiance on September 8, 1892.
166.Q: Who said, "When law ends, tyranny
begins?”
A: Thomas Paine.
167.Q: Who said we make a living by what
we get but a life by what we give? |
A: Ronald Reagan.
168.Q: When did Congress establish the War
Department?
A: On August 7, 1789.
169.Q: When did the Congress establish the
Treasury Department?
A: On September 21, 1789.
170.Q: When did Congress appoint the Postmaster
General?
A: On September 22, 1789.
171.Q: Who was the first Republican President?
A: Abraham Lincoln.
172.Q: Who wrote the Star Spangled Banner
and in what year?
A: Francis Scott Key wrote it in 1814.
173.Q: Who was the first Chief Justice of
the Supreme Court?
A: John Jay.
174.Q: Why is a U.S. Census taken every 10
years?
A: To count the nations population and where they
reside.
175.Q: What happens after the census is determined?
A: New or redrawn Congressional district
lines are drawn with the population changes.
176.Q: How many Congressional districts are
there?
A: There are 435 congressional districts.
177.Q: Since the total of 435 Congressional
districts is permanent is it possible a state may
gain a congressional district while another may lose
one after the census?
A: Yes.
178.Q: What states have the most Congressional
Districts?
A: The most populous states such as New
York, California, etc.
179.Q: Which state is the least populated
and has the least Congressional Districts?
A: Wyoming
180.Q: Who wrote the Declaration of Independence?
A: Thomas Jefferson.
181.Q: Which President bought the Louisiana
Territory from France?
A: Thomas Jefferson.
182.Q: Which article in the Constitution
defines all the powers and duties of the Congress?
A: Article 1.
183.Q: Which article in the Constitution
defines the duties of the president ?
A: Article 2.
184.Q: Which article in the Constitution
defines the judiciary?
A: Article 3.
185.Q: Which article in the Constitution
defines state rights?
A: Article 4.
186.Q: Which article in the Constitution
defines the process to amend the Constitution?
A: Article 5.
187.Q: Which article in the Constitution
defines the Constitution as the supreme law of the
Land?
A: Article 6.
188.Q: Which article in the Constitution
defines the ratification process ?
A: Article 7.
189.Q: What constitutes the Constitution?
A: The Preamble, the Seven Articles, and the 27
amendments.
190.Q: What form of government is rule by
one person?
A: A monarchy.
191.Q: What form of government is rule by
a few?
A: An aristocracy.
192.Q: What form of government is ruled by
the many?
A: A democracy.
193.Q: What form of government does the U.S.
have?
A: A Constitutional Republic.
194.Q: What is the principal of a Republican
form of government ?
A: A representative form of government.
195.Q: When Polybius of Greece wrote about
a mixed form of government in 125 BC, who was the
next person to be an advocate of a mixed government?
A: The French Scholar Baron Charles de Montesque
in 1689 AD.
196.Q: How many words are in the Constitution?
A: There are 4,440 words plus the 27 amendments.
197.Q: A bill for the collection of Income
Tax passed on February 3, 1913. At what rate and at
what income did it begin?
A: 2% for the first $50,000.
198.Q: Who were the first four presidents?
A: George Washington, John Adams, Thomas Jefferson,
and James Madison.
199.Q: What percent of both houses does it
take to override a presidential veto?
A: It takes 2/3 vote in both houses.
200.Q: If the president takes no action on
a bill, how long does it take to automatically become
law?
A: It takes ten days.
201.Q: Who has the power to adjourn or convene
the Congress?
A: The President.
202.Q: Every state is guaranteed by the Constitution
to have what kind of government?
A: A Republic form of government.
203.Q: What four states are commonwealths?
A: Pennsylvania, Massachusetts, Virginia, and
Kentucky.
204.Q: Do the states also have a mixed or
three branches of government?
A: Yes.
205.Q: Which body of government is responsible
for the budget?
A: The House of Representatives.
206.Q: When can a bill be considered by Congress?
A: Only when it is introduced by a member of the
Congress.
207.Q: What happens to a bill after it is
introduced in Congress?
A: The bill is given a number and then sent to
the proper committee.
208.Q: Who can propose a bill?
A: The president, legislators, agencies, bureaus,
interest groups, and public opinion.
209.Q: What is common law?
A: Unwritten law which evolves and changes.
210.Q: How do our courts work?
A: Our courts work by written Constitutional law.
211.Q: What is the difference between our
Republic and a socialistic form of government?
A: Socialism is when government controls transportation,
industry, and money while in our Republic they are
privately owned.
212.Q: How should the Supreme Court interpret
the Constitution?
A: They should interpret it in its original
intent.
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