AP US Government : Constitutional Amendments
Study concepts, example questions & explanations for AP US Government
All AP US Government Resources
Example Questions
Example Question #951 : Ap Us Government
“. . . nor cruel and unusual punishment inflicted” is the Eighth Amendment’s prohibition on _________________.
The death penalty
Life imprisonment without the possibility of parole
Life imprisonment with possibility of parole
None of these answers are correct
None of these answers are correct
This is a difficult question. Although your first impression may have been to select the “Death penalty,” that answer in incorrect. In fact, none of the answers are correct. Although the Supreme Court effectively forbade the death penalty for about four years in Furman v. Georgia (holding that the death penalty as applied was unconstitutional), the key part of that holding was “as applied.” Thus, when Georgia rearranged their penalty scheme, the Supreme Court upheld the death penalty in Gregg v. Georgia, which has not been overturned. Thus the death penalty is not an unconstitutional restriction of 8th amendment rights.
Example Question #952 : Ap Us Government
Which amendment was written to make certain that the amendments within the Bill of Rights could not be used to deny citizens any un-enumerated rights?
9th
8th
5th
10th
9th
This is a relatively obscure question, as the 9th Amendment is rarely litigated, but the correct answer is the 9th Amendment. The text of the Amendment reads: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Thus, the 9th Amendment stands for the proposition that the Constitution is not the sum of all rights—it simply mentions some. In other words, it would technically be a violation of the 9th Amendment to deny a historical right based on the fact that it is not specifically listed in the constitution.
Example Question #953 : Ap Us Government
What amendment is often referred to as the “states’ rights amendment”? (In large part because it grants to the states ‘residual’ powers).
10th
12th
3rd
1st
10th
The correct answer is the Tenth Amendment. The Tenth Amendment is often called the “states’ rights amendment” because it grants to the states any rights (1) not specifically granted to the federal government and (2) not forbidden to the states. The Tenth Amendment is a broad and sweeping statement of federalism, although challenges under the 10th rarely gain traction (the potent combination of the Supremacy Clause and Interstate Commerce Clause tend to overwhelm the 10th).
All AP US Government Resources
