Deck 3: State Constitutions: Charters or Straightjackets

Question 1

The trend in new judicial federalism took its inspiration from ________.

A)the U.S.Constitution
B)the resignation of President Richard Nixon
C)the U.S.Supreme Court
D)public backlash against federal desegregation laws
E)the Equal Rights Amendment

Answer 1

C

Question 2

A judicial interpretation is a device for constitutional change, whereby ________.

A)a court case is accepted for hearing before a state supreme court
B)a court case is accepted for hearing before the U.S.Supreme Court
C)judges write and propose a new state constitutional amendment
D)judges modify a constitution's provision by reinterpreting its meaning
E)judges issue official dissention from the bench concerning a proposed state constitutional amendment

Answer 2

D

Question 3

Compared to the federal constitution, state constitutions are generally ________.

A)nonbinding
B)less likely to have provisions on elections
C)amended more often
D)less detailed
E)much shorter

Answer 3

C

Question 4

In which of the following states can the legislature propose as well as ratify constitutional amendments, that is, without the vote of the people?

A)Minnesota
B)Delaware
C)Rhode Island
D)Oregon
E)California

Question 5

The goal of new judicial federalism is ________.

A)to provide more protection for some rights than is provided by the U.S.Supreme Court's interpretation of the federal Bill of Rights
B)to protest against the increasingly liberal decisions of the U.S.Supreme Court, especially in the area of civil rights
C)to reduce the need for amendments to state constitutions
D)to provide for more strict enforcement of drunk driving and drug testing laws
E)to bolster the states' role in homeland security

Question 6

Which states' charters, still in effect, are actually older than the federal Constitution?

A)Virginia and Maryland
B)New York and Massachusetts
C)Massachusetts and New Hampshire
D)Maryland and New York
E)New York and New Hampshire

Question 7

What effect does the elaborate detail found in most state constitutions tend to have?

A)There is little requirement for constitutional amendment and revision.
B)Appointed administrative positions in the state are less accountable to the state legislature.
C)Political action is constricted within a constitutional straitjacket.
D)There is less possibility of federal preemption of state law.
E)State constitutions make the federal constitution seem obsolete.

Question 8

In which two states is a supermajority in a referendum necessary for the passage of a constitutional amendment?

A)Minnesota and Delaware
B)California and Utah
C)Nevada and
D)Virginia and Louisiana
E)New Hampshire and Florida

Question 9

State constitutions are subject only to the ________.

A)standard format required of all states by the federal government
B)requirements of former legislatures
C)mandates of the business community
D)broad limitations of the U.S.Constitution
E)review by the House Judiciary Committee

Question 10

Which of the following best describes typical state constitutions?

A)They exactly reproduce the U.S.Bill of Rights.
B)They do not include preambles.
C)They are subject only to the broad limitations of the U.S.Constitution.
D)They do not include a specific separation of powers.
E)They do not address judicial review.

Question 11

While practicing new judicial federalism, judges in state courts rely upon ________.

A)the U.S.Bill of Rights
B)their state's bill of rights
C)the U.S.Constitution
D)the prevailing public opinion in their states
E)the U.S.Supreme Court's decisions

Question 12

Which of the following is NOT a typical component of state constitutions?

A)a bill of rights
B)a description of the form and powers of local units of government
C)an article establishing an official religion for the state
D)an article on the process for amending the constitution
E)a preamble

Question 13

The practice of some state courts providing more protection for some rights than is provided by the Supreme Court's interpretation of the Bill of Rights in the U.S.Constitution is called ________.

A)due process
B)protectionism
C)implied powers
D)new judicial federalism
E)pluralism

Question 14

Amending state constitutions is a two-step process involving ________.

A)proposal and ratification
B)passage and judicial review
C)legislative passage and gubernatorial signing
D)drafting and introducing
E)evaluating and implementing

Question 15

Which state's bill of rights predates the national bill of rights?

A)Virginia
B)Arkansas
C)Wisconsin
D)Ohio
E)Texas

Question 16

What triggered the trend toward new judicial federalism in the 1970s?

A)the growing conservatism of the U.S.Supreme Court
B)the reluctance of state courts to abide by the rulings of the U.S.Supreme Court
C)federal laws affecting public education, such as busing
D)the failure to ratify the federal Equal Rights Amendment
E)Jimmy Carter's election as president

Question 17

The South Dakota Constitution declares that providing hail insurance is a public purpose and authorizes the legislature to levy a tax to do so.The Alabama Constitution authorizes the legislature to indemnify peanut farmers for losses incurred as a result of Aspergillus flavus (a fungus) and freeze damage in peanuts.These examples illustrate the fact that ________.

A)state constitutions are flexible and can be tailored to the actual needs of citizens
B)the process by which the U.S.Constitution is amended should be relaxed so that it can be more reflective of issues confronting citizens in the present
C)many state constitutions deal with issues that would be more properly addressed by legislation
D)farmers' interests are not addressed in the U.S.Constitution
E)state constitutions must protect the interests of different groups of citizens by giving them special privileges

Question 18

As a result of new judicial federalism, ________.

A)federal courts have restricted states' bills of rights
B)state courts have used their state bill of rights to provide more protection than found in the U.S.Bill of Rights
C)state courts have restricted the use of their state bill of rights
D)state courts have looked for ways to circumvent the protections offered under the U.S.Bill of Rights
E)the Supreme Court has used the federal Bill of Rights to provide more protection than found in the bill of rights of several states

Question 19

The first state constitutions ________.

A)were outgrowths of colonial charters
B)were all patterned after the U.S.Constitution
C)have all been replaced by new constitutions
D)were viewed as inadequate by the framers of the U.S.Constitution
E)all required formal approval by the U.S.Congress to go into effect

Question 20

In which of the following states must a proposed constitutional amendment be passed in two separate elections?

A)Minnesota
B)Delaware
C)Nevada
D)Florida
E)New Hampshire

Question 21

Which of the following is true about constitutional initiative petitions?

A)They tend to be used for controversial issues.
B)They are approved at higher rates than are amendments proposed by state legislatures.
C)They are currently not permitted in any U.S.state.
D)They typically do not bring about any organized opposition.
E)They have consistently been ruled as being unconstitutional by the U.S.Supreme Court.

Question 22

If a convention is called, one of the first decisions the delegates need to make is whether they should ask the voters to ________.

A)publicize the event or not
B)accept/ reject the entire constitution or parts of it
C)accept changes suggested by the delegates or reject them
D)reject changes suggested by the senate or accept them
E)accept the Governor's proposal or the President's

Question 23

Rhode Island's constitution calls for voters to be asked if they want to convene a constitutional convention ________.

A)every year
B)every ten years
C)every five years
D)every two years
E)every eight years

Question 24

A constitutional initiative petition is ________.

A)a way in which voters may place a proposed state constitutional amendment on the ballot by petition
B)a way in which political action committees can unite in order to pressurize state legislators to put a proposed state constitutional amendment on the ballot
C)a way in which a governor can bypass the legislature and appeal directly to the people to petition their legislative representatives to place a constitutional amendment on the ballot
D)a way in which members of the judiciary can, by a majority signing a petition, place a proposed state constitutional amendment on the ballot
E)a defunct, nineteenth-century political device

Question 25

Which of the following was approved by Rhode Island voters in the 1986 vote on constitutional amendments?

A)a provision to ban abortions or public funding for them
B)a provision to impose term limits on state legislators
C)a provision for the merit selection of judges
D)a provision to increase the compensation of state legislators
E)a provision to expand fishing rights and access to the shore

Question 26

California's Proposition 13, which was adopted in 1978, ________.

A)forbade the state government from collecting income tax
B)limited the state government's right to raise property taxes
C)amended the state constitution to abolish the use of constitutional initiative petitions
D)was ruled to be unconstitutional by the U.S.Supreme Court in 1981
E)was proposed by the state legislature

Question 27

A state commission that recommends changes in the state constitution for action by the legislature and vote by the voters is called a(n) ________.

A)lobby
B)constitutional commission
C)revision commission
D)popular initiative
E)constitutional convention

Question 28

The number of signatures required on constitutional initiative petitions ________.

A)is set by federal law
B)varies from state to state
C)is typically not specified
D)is determined by the U.S.Supreme Court
E)is independently negotiated by state legislatures and governors for each petition

Question 29

Florida's Taxation and Budget Reform Commission differs from other such commissions since ________.

A)it is not called called into session regularly
B)it is called into session regularly
C)it makes reccomendations to the legislature
D)it proposes constitutional amendments directly to the voters
E)it proposes constitutional amendments directly to the President of the United States

Question 30

How do a majority of the states call a constitutional convention?

A)The legislature is authorized to submit the calling of a convention to the voters.
B)The states require the legislature to question whether or not voters want a convention at set intervals.
C)The voters must petition the legislature to call the convention.
D)The major parties of the state must petition the legislature to call the convention.
E)The states vary too much in their processes for a majority of them to follow the same procedures.

Question 31

Which of the following was NOT a result of the 1978 Hawaii constitutional convention and vote?

A)a two-term limit for the governor and lieutenant governor
B)the legalization of marijuana
C)more open primaries
D)partial public funding for election campaigns
E)spending limits

Question 32

A revision commission is ________.

A)a group of voters who join together to suggest revisions to a proposed state constitutional amendment
B)a state commission, appointed by the legislature, to make recommendations for a change to the state constitution
C)a group of legislators, selected by the governor, responsible for drafting an initial proposal for a constitutional amendment
D)a group of state leaders, selected by a legislative committee that makes suggestions for any number of proposed state constitutional amendments
E)a combined group of members of the executive, legislative, and judicial branches of state government, which makes suggestions for revisions to proposed state constitutional amendments

Question 33

Which of the following is NOT true about amendments proposed by constitutional initiative petitions?

A)They tend to be used for controversial issues.
B)They tend to bring about organized opposition.
C)In recent years, they have been approved more often than those proposed by legislatures.
D)They are often proposed by narrow-based groups.
E)They are sometimes introduced with the real purpose of launching educational campaigns.

Question 34

Which of the following was NOT approved by Rhode Island voters in the 1986 vote on constitutional amendments?

A)a provision to ban abortions or public funding for them
B)a provision to strengthen free speech
C)a provision strengthening due process
D)a provision expanding fishing rights and shore access
E)a provision strengthening equal protection rights

Question 35

In 1986, how many of the 14 proposed amendments to Rhode Island's constitution were approved by voters?

A)all 14
B)12
C)8
D)5
E)2

Question 36

A legislature may appoint a revision commission to make recommendations for constitutional change that have no force until acted on by the legislature and approved by the voters, except in the state of ________.

A)Minnesota
B)Massachusetts
C)Louisiana
D)Florida
E)Texas

Question 37

The primary issue in Rhode Island's effort to revise its constitution in 2003 and 2004 was ________.

A)civil rights
B)compensation of state legislators
C)separation of powers
D)voter eligibility
E)fishing access

Question 38

________ has a permanent Constitutional Revision Commission.

A)Minnesota
B)Florida
C)Utah
D)Massachusetts
E)Georgia

Question 39

The most common method for proposing amendments to a state constitution is ________.

A)creating a petition to be signed by a majority of a state's residents
B)having a formal proposal submitted by the governor
C)honoring a request from the U.S.Supreme Court
D)taking action by using state legislatures
E)requesting constitutional reconsideration by a state's secretary of state

Question 40

A device that permits voters to place specific amendments to a state constitution on the ballot by petition is called a ________.

A)plebiscite
B)home rule charter
C)constitutional convention
D)constitutional initiative petition
E)revision commission

Question 41

Alabama's most recent constitution was written in ________.

A)1865
B)1901
C)1917
D)1945
E)1972

Question 42

In 2003, one of reforms proposed by the Alabama Citizens' Constitutional Commission was ________.

A)partial public funding for election campaigns
B)expanding fishing rights
C)banning same-sex marriages
D)giving more home rule back to counties
E)limiting the power of state courts to restrict police searches

Question 43

In 2004, which of the following arguments was put forward against eliminating language in the Alabama Constitution that required segregated schools and poll taxes?

A)It would lead to over-crowding of public schools and higher student-to-teacher ratios.
B)It would result in a right to a public education, thus opening the door to higher taxes in order to increase school spending.
C)It proposed fundamental changes to the constitution but lacked a thorough voter education campaign.
D)There was no genuine driving force behind the proposal as most voters were apathetic about the issue.
E)The proposal was put forward by narrow-based groups who lacked broad support for their views.

Question 44

Amendments are the only way to bring about constitutional changes.

Question 45

In which of the following areas did the Alabama Citizens' Constitutional Commission, established in 2003, propose constitutional reforms?

A)term limits on state legislators
B)right-to-work laws
C)the governor's line-item veto power
D)union membership
E)financing of election campaigns

Question 46

Since state constitutions deal with more specific issues than the U.S.Constitution, they tend to require more frequent amendments and revisions.

Question 47

Subject only to the broad limitations of the U.S.Constitution, the people of each state are free to create whatever kind of republican government they wish.

Question 48

How many constitutions has Alabama had till date?

A)10
B)4
C)1
D)6
E)15

Question 49

The U.S.Constitution is much more detailed than most state constitutions.

Question 50

The states' bills of rights are incapable of providing citizens with more protection than those provided by the U.S.Constitution.

Question 51

In 2004, an amendment to eliminate language in Alabama's constitution that requires segregated schools and a poll tax was _______.

A)narrowly defeated
B)overwhelmingly defeated
C)narrowly approved
D)overwhelmingly approved
E)never put on the ballot; it did not make it through the legislature

Question 52

Which state has the longest constitution and has been amended the most number of times?

A)Texas
B)Rhode Island
C)Massachusetts
D)Florida
E)Alabama

Question 53

What was the result of the vote in Texas in 1975 on the new proposed constitutional amendments?

A)The new constitution was approved by a 2-to-1 margin.
B)The new constitution was defeated by a 2-to-1 margin.
C)The proposed new constitution was so controversial it never came to a vote.
D)The new constitution was approved by a 4-to-1 margin.
E)The new constitution was defeated by a 4-to-1 margin.

Question 54

Unlike the federal constitution, most state constitutions ________.

A)require only a single step to be amended.
B)are not amendable.
C)do not allow amendments to be proposed by the legislature.
D)are amended on a regular basis.
E)are less than 25 years old.

Question 55

The first state constitutions were outgrowths of the U.S.Constitution.

Question 56

Which of the following was a contentious issue that legislator-delegates came up with 17 months after the 1972 attempt to revise the Texas Constitution?

A)the state's right-to-work law
B)the question of separation of powers
C)the question of whether the legislature would meet every year or every two years
D)the state's educational funding
E)gun-ownership laws

Question 57

The most recent effort to thoroughly revise the Texas Constitution occurred in _____.

A)1994
B)1988
C)1972
D)2002
E)1976

Question 58

The most recent Alabama constitution was adopted in ________.

A)2004
B)1778
C)1865
D)1993
E)1902

Question 59

Since its effort to revise its constitution in 1972, Texas _______.

A)has held ten additional constitutional conventions
B)has not approved any amendments to its constitution
C)has adopted two entirely new constitutions
D)has not held any more constitutional conventions
E)has dramatically changed the way in which its constitution can be amended

Question 60

New judicial federalism allows state judges to impose greater restraints on state governments than the U.S.Constitution does.

Question 61

Florida and Utah both have atypical constitutional revision commissions.

Question 62

Special-interest groups are more likely to oppose reform than voters in general.

Question 63

When state judges rely on their own state constitutions to protect rights beyond those required by the U.S.Constitution, they do so at no risk of political backlash.

Question 64

California's Proposition 13 significantly expanded the state government's flexibility and capability with regard to generating state revenues.

Question 65

In all states, voters must approve the calling of a convention.

Question 66

State courts may go against U.S.Supreme Court rulings and rule that random drug testing of public employees is unconstitutional.

Question 67

The U.S.Supreme Court and the U.S.Constitution set the ceiling, not the floor, for the protection of rights.

Question 68

The goal of an initiative petition is always passage of the proposed amendment.

Question 69

If state judges follow the trend of new judicial federalism, the only requirement they must meet in order to avoid review by the Supreme Court is to clearly state which U.S.Supreme Court ruling they are overriding.

Question 70

Outline some of the typical components that appear in most state constitutions.

Question 71

Define and briefly explain judicial interpretation.

Question 72

The constitutional initiative petition was one of the many reforms that resulted from the Progressive Movement.

Question 73

All states permit their legislatures to propose constitutional amendments.

Question 74

A state commission that recommends changes in the state constitution for action by the legislature and vote by the voters is called a constitutional change commission.

Question 75

When political parties play major roles in electing convention delegates, the result is likely to be one of major reform.

Question 76

Texas conservatives saw no reason to change the 1876 constitution, when the vote on the new constitution was conducted in November, 1975.

Question 77

No state allows a constitutional initiative petition to actually revise the state constitution.

Question 78

A constitutional initiative petition is a device that permits voters to place specific amendments to a state constitution on the ballot.

Question 79

Rhode Island's constitution calls for voters to be asked every 10 years if they want to convene a constitutional convention.

Question 80

A citizen-initiated ballot petition is the most common way for proposing an amendment to a state constitution.