Deck 22: State Constitutions

Question 1

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

A)State elected officials are allowed greater legislative discretion
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)None of the above

Answer 1

C

Question 2

Constitutional initiative petitions is one of the reforms that emerged from

A)the Progressive Movement.
B)the Tax Revolution.
C)the Voter Empowerment Act of 1936.
D)the devolution movement.
E)the civil rights struggle.

Answer 2

A

Question 3

Which is the only state that allows the legislature to propose and ratify amendments to the state constitution?

A)New Mexico
B)Delaware
C)Minnesota
D)Hawaii
E)Massachusetts

Answer 3

B

Question 4

Because state constitutions speak to more specific issues than does the U.S.Constitution, they tend to require more frequent amendments and revisions.

Question 5

After a constitutional convention has been authorized, the next step is to elect

A)local committees.
B)delegates.
C)a board of supervision.
D)a Court of Review.
E)legislators.

Question 6

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) None

Question 7

What is judicial interpretation?

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

Question 8

Which statement about typical state constitutions is correct?

A)They are similar in general outline
B)They require the same governmental processes
C)They are vague about the form and powers of local units
D)They deny state judges the power of judicial review
E)They do not contain a bill of rights

Question 9

The most recent (i.e.current) Alabama constitution was adopted in

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

Question 10

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 11

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 12

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

Question 13

A method by which judges modify the force of a constitutional provision by reinterpreting its meaning is known as judicial interpretation.

Question 14

The number of signatures required on constitutional initiative petitions

A)is set by federal law.
B)varies by 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 15

Approximately _______ (of) amendments proposed by constitutional initiative petitions have been approved in recent years.

A)nine-tenths
B)one-third
C)three-fourths
D)one-tenth
E)one out of one hundred

Question 16

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

Question 17

In 1986 the voters of Hawaii

A)approved thirty-four amendments to the state's constitution.
B)rejected the question of whether or not to call a constitutional convention.
C)voted to amend the constitution so that calls for constitutional convention required only a majority vote of ballots with a vote cast on that question.
D)approved an amendment to create a three-term limit for governor.
E)ratified an amendment banning same-sex marriage.

Question 18

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

A)constitutional revision vote.
B)resident amendment petition.
C)constitutional change proposal.
D)constitutional initiative petition.
E)citizen revision commission.

Question 19

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

A)The growing conservatism of the U.S.Supreme Court
B)Federal laws affecting civil rights
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 20

State constitutions generally have fewer details than does the U.S.Constitution.

Question 21

Which of the following is NOT among the various ways listed in the text that state judges have implemented new judicial federalism?

A)Requiring state legislatures to provide better schools for children in poor neighborhoods
B)Requiring state legislatures to build low-income housing
C)Requiring state legislatures to provide public financing for poor women's abortions
D)Requiring state legislatures to regulate businesses to protect the environment
E)Requiring state legislatures to abandon federal No Child Left Behind legislation

Question 22

What is the age of the average state constitution?

A)more than 100 years
B)less than 30 years
C)about 60 years
D)about 75 years
E)about 50 years

Question 23

Which states' charters, still in effect, are actually older than the U.S.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 24

How many states still have their original constitution?

A)11
B)19
C)7
D)6
E)None

Question 25

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)public backlash against the "hippie" era.

Question 26

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

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 constitutional change commission.

Question 28

The text illustrates what point with the example of Alabama's constitutional authorization to indemnify peanut farmers for losses from fungus and freeze damage?

A)That state constitutions are more tailored to the actual needs of individuals than the U.S.Constitution
B)That the process by which the U.S.Constitution is amended should be relaxed so the Constitution can be more reflective of issues confronting citizens in the present
C)That many state constitutions deal with issues that would be more properly addressed by legislation
D)That farmers' interests are not addressed in the U.S.Constitution
E)That southern states have the most bizarre amendments to their constitutions

Question 29

Upon what do judges in state courts rely when practicing new judicial federalism?

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

Question 30

In 2003, the Massachusetts Supreme Judicial Court ruled that discriminating against same-sex marriages

A)was fine as long as the state recognized civil unions.
B)violated the state constitution.
C)was consistent with the state's defense of marriage legislation.
D)violated the U.S.Constitution.
E)was not part of its jurisdiction to examine.

Question 31

Which state's constitution is the longest, at 340,136 words?

A)New Hampshire
B)Massachusetts
C)California
D)Alabama
E)Texas

Question 32

Which of the following offices in a government, under a typical state constitution, is appointed?

A)Attorney general
B)State auditor
C)Treasurer
D)Insurance commission
E)All these offices are appointed

Question 33

How does the text characterize state constitutions?

A)As the best examples of democratic government
B)As straightjackets
C)As nothing more than shorter versions of the U.S.Constitution
D)As umbrellas
E)As proof of effective republican processes

Question 34

The U.S.Constitution has been amended 37 times in its history.

Question 35

Which of the following best describes most state constitutions?

A)They exactly reproduce the U.S.Bill of Rights.
B)They do not include preambles.
C)Only the limitations of the U.S.Constitution restrain them.
D)They do not include a specific separation of powers.
E)They do not address judicial review.

Question 36

Constitutional initiative petitions tend to be used for non-controversial issues that have wide support of state legislatures.

Question 37

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 38

The most common method for proposing amendments to state constitutions is to use a constitutional initiative petition.

Question 39

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

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

Question 40

What is the goal of new judicial federalism?

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 the increasingly liberal decisions of the U.S.Supreme Court, especially in the area of civil rights
C)To attempt to decrease the need for so many 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 41

Who said "What is the Constitution of the United States but that of Massachusetts, New York, and Maryland!"?

A)Jefferson Davis
B)George Washington
C)John Adams
D)Thomas Jefferson
E)Patrick Henry

Question 42

According to Figure 22-2, which states are among those that have the smallest number of amendments (25 or less)?

A)Tennessee, Kentucky, and Virginia
B)Georgia, Florida, and Arizona
C)Michigan, Illinois, and Montana
D)Colorado, New York, and Wisconsin
E)No states have fewer than 25 amendments

Question 43

About how many times has the average state constitution been amended?

A)3
B)1200
C)575
D)140
E)27

Question 44

Which state has a Taxation and Budget Reform Commission, called into session every ten years, which makes recommendations to both the legislature and the voters?

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

Question 45

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)innovative judicial expansion.
B)contemporary judicial protectionism.
C)modern judicial liberalism.
D)new judicial federalism.
E)advanced judicial progressivism.

Question 46

Unlike the federal Constitution, many state constitutions contain specific provisions

A)for the process of amending the constitution.
B)establishing separation of powers.
C)requiring a bicameral legislature.
D)detailing why and how much money can be spent and in what manner.
E)on the authority of the three branches of government.

Question 47

Historically, how often has a revision commission been used by the various states?

A)Infrequently
B)Somewhat often
C)Very often
D)At any given time, about 60% of states have a sitting revision commission.
E)There have only ever been two.

Question 48

The rigidity of written constitutions is often avoided by

A)popular vote.
B)legislatures declaring outdated provisions null and void.
C)gubernatorial veto of outdated provisions.
D)judicial interpretation.
E)legislative veto of outdated provisions.

Question 49

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, that writes up an initial draft of a proposed constitutional amendment.
D)a group of state leaders, selected by 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, voting as representatives of each branch, which makes suggestions for revisions to proposed state constitutional amendments.

Question 50

Which state has a permanent Constitutional Revision Commission?

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

Question 51

A method whereby judges modify the force of a constitutional provision by reinterpreting its meaning is known as

A)judicial interpretation.
B)judicial activism.
C)judicial constraint.
D)judicial independence.
E)judicial authority.

Question 52

State constitutions differ from the national constitution in that they

A)do not create limitations on government.
B)are unable to be amended.
C)are not popular symbols.
D)are not instruments of government.
E)very rarely establish governments with three branches.

Question 53

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 54

What has been the result of new judicial federalism?

A)Federal courts have restricted the bills of rights of states
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)None of the above

Question 55

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 cluttered with detail.
E)much shorter.

Question 56

__________________ is the state with the shortest state Constitution.

A)Tennessee
B)New Hampshire
C)Georgia
D)Pennsylvania
E)Alabama

Question 57

Your text identifies three states that have used the revision commission procedure to bring about important changes to their constitutions.Which states have done so?

A)Florida, Virginia, and Louisiana
B)Utah, Virginia, and Florida
C)Georgia, Virginia, and Utah
D)Massachusetts, New York, and New Hampshire
E)Louisiana, Florida, and Massachusetts

Question 58

Which state's rules for a revision commission differ from all others?

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

Question 59

The only state in which changes recommended by a revision commission do carry weight without being acted on by the legislature and approved by the voters is

A)California.
B)Florida.
C)Ohio.
D)Pennsylvania.
E)North Carolina.

Question 60

Until 2006, on average about 75% of voters had ratified proposed amendments to state constitutions.In 2006, that percentage changed to

A)70%.
B)50%.
C)60%.
D)85%.
E)90%.

Question 61

How often does Missouri require its legislature to submit the question of a convention to the voters?

A)Every year
B)Every other year, when the legislature convenes
C)Every five years
D)Every ten years
E)Every twenty years

Question 62

About what percent of California's annual state revenues are allocated before the governor and legislature even start working on the budget?

A)85
B)26
C)50
D)98
E)12

Question 63

What is a constitutional initiative petition?

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 pressure 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 64

California's Proposition 13 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 65

Constitutional conventions are likely to propose more serious changes to the constitution when delegates are selected

A)by political parties.
B)by the state legislature.
C)by the governor.
D)by nonpartisan, multimember districts.
E)by the U.S.Congress.

Question 66

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

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

Question 67

What nineteenth-century event or situation does the text cite as the source of the diminished prestige of state governments?

A)The Jacksonian Era
B)Evidence of corruption
C)Reconstruction (following the Civil War)
D)The Spanish-American War
E)The Pendleton Act

Question 68

In which state is a constitutional amendment NOT required to be approved by voters?

A)Connecticut
B)Georgia
C)Hawaii
D)Kansas
E)Delaware

Question 69

In the nineteenth century, _____________ state constitutional conventions were held.

A)63
B)1
C)144
D)823
E)650

Question 70

Which of the following is FALSE? Amendments proposed by constitutional initiative petitions

A)tend to be used for controversial issues.
B)tend to bring about organized opposition.
C)require a higher proportion of the popular vote to be approved.
D)are often proposed by narrow-based groups.
E)are sometimes introduced with the real purpose of launching educational campaigns.

Question 71

Amending state constitutions is a two-step process.The two steps are

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

Question 72

In states that allow constitutional initiative petitions, what percent of the population is required to sign a petition to successfully place a proposed amendment on the ballot?

A)4%
B)15%
C)51%
D)50%
E)It varies from state to state.

Question 73

So far in the twenty-first century, how many state constitutional conventions have been held?

A)1
B)144
C)63
D)97
E)zero

Question 74

Which state allows initiatives to appear on primary as well as general election ballots?

A)California
B)Massachusetts
C)Wyoming
D)Utah
E)Florida

Question 75

In which of the following ways do the majority of states call a constitutional convention?

A)The legislature is authorized to do so.
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 to follow the same procedures.

Question 76

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)constitutional commission.
B)convention commission.
C)revision commission.
D)change commission.
E)amendment commission.

Question 77

Which of the following is NOT listed in the text as an area of focus for recent constitutional amendment initiatives?

A)Gay rights
B)Tort liability
C)Affirmative action
D)Immigrant rights
E)Women's rights

Question 78

Once a convention is called, through whatever process a state requires, what is the next step toward holding a convention?

A)The governor and legislature negotiate the time at which the convention will be held.
B)The governor charges the legislature with advertising the convention.
C)The legislature establishes the issues to be discussed at the convention.
D)Delegates are selected; the states vary in their approach to this process.
E)All major newspapers in each state's counties (or parishes) must advertise the convention in its legal section.

Question 79

How many states allow constitutional amendments to be proposed by initiative petitions?

A)3
B)12
C)18
D)35
E)All 50

Question 80

In the recent past, approximately how many of the amendments proposed by initiative petitions have been approved?

A)75%
B)50%
C)33%
D)25%
E)20%