AP US Government : Constitution and Government Foundations

Study concepts, example questions & explanations for AP US Government

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Example Questions

Example Question #4 : Bill Of Rights

Which of the following amendments is often called the “states’ rights” amendment, due to its powerful endorsement of states’ rights?

Possible Answers:

Correct answer:

Explanation:

Fairly easy question as long as you know your amendments. The answer is the 10th amendment, as it reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

In somewhat plainer English, this means that any governmental power that is neither (1) given to the federal government, nor (2) forbidden to the states is given to the states or the “people” (citizens). It is for this very reason that the 10th amendment is commonly referred to as the “states’ rights” amendment.

Example Question #161 : Constructing The Constitution

Which Amendment deals with the Right to Petition?

Possible Answers:

The Fourth Amendment

The First Amendment

The Sixth Amendment

The Tenth Amendment

Correct answer:

The First Amendment

Explanation:

The First Amendment concerns five different liberties that are fairly similar, including the right of the people “to petition the government for a redress of grievances.” The Amendment does not mandate that the government need to address or address the “grievances,” but this ensures that people can still formally show their displeasure to the government.

Example Question #3 : Bill Of Rights

Another crucial concern shared by many architects of the Constitution was the protection of individual rights. However, because most of the delegates believed that such rights were already being adequately safeguarded by the states and the national government’s system of checks and balances, the initial draft of the Constitution contained only a few key provisions to protect personal freedoms. Which of the following is not one of those early protections?

Possible Answers:

A ban against any religious qualifications for government officeholders

Freedom of speech 

A prohibition against any bills of attainder

A right to a trial by jury 

Protection of the writ of habeas corpus 

Correct answer:

Freedom of speech 

Explanation:

Surprisingly, the right to freedom of speech –one of the most famous individual freedoms– was not part of the initial Constitution. Freedom of speech and others of the most well-known rights (such as freedom of the press, the right to bear arms, and freedom of religion), as contained in the Bill of Rights, were all later additions to the Constitution. The Anti-Federalists were some of the most vociferous advocates of the Bill of Rights and many states refused to ratify the Constitution at all unless such personal freedoms were given explicit written protection. The ten Amendments that together comprise the Bill of Rights were therefore added to the Constitution in 1791, in order to allay these fears.

Example Question #6 : Bill Of Rights

Why was the Bill of Rights added to the Constitution?

Possible Answers:

To enshrine state power.

To safeguard individual liberties

To establish a state church

To outline the basic structure of the judiciary

To provide protection from ex post facto laws

Correct answer:

To safeguard individual liberties

Explanation:

The constitution as originally drafted, did not have any safeguard for individual liberties. Many objected to this, so as a condition of ratification, it was promised that a Bill of Rights would be drafted.

Example Question #2 : Bill Of Rights

The Fifth Amendment prohibits "double jeopardy." What is "double jeopardy"?

Possible Answers:

When someone is tried twice for the same crime

The right to a jury of your peers

Cruel or unusual punishment

The right to remain silent

Correct answer:

When someone is tried twice for the same crime

Explanation:

The Fifth Amendment says that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb", thus defining double jeopardy as being tried for the same crime. The Fifth Amendment provides people the right to remain silent instead of prohibiting it. Although the Bill of Rights does prohibit the use of cruel and unusual punishment, it's prohibition is under the Eighth Amendment. The Bill of Rights guarantees a jury of your peers, not prohibits it.

Example Question #4 : Bill Of Rights

Which statement about the Bill of Rights is FALSE?

Possible Answers:

Originally, the Bill of Rights was believed to apply only to the national government, until Congress passed the incorporation doctrine to enforce the Bill on the state level

The Bill of Rights was greatly popular among ordinary citizens, not least because many retained painful memories of the abuses and infringements perpetuated by King George III and the British Parliament

Modern judicial precedent ensures that the Bill of Rights is equally (or near so) applicable across the federal, state, and local levels

Many Framers, state legislators, and Congressional delegates refused to ratify the Constitution at all until the Bill of Rights was added

Correct answer:

Originally, the Bill of Rights was believed to apply only to the national government, until Congress passed the incorporation doctrine to enforce the Bill on the state level

Explanation:

It is indeed true that originally, many Congressmen and federal judges had doubts as to exactly how far beyond the national government’s scope the Bill of Rights could legally reach. In fact, in 1833 the Supreme Court even ruled that the Bill of Rights only imposed limitations on the federal government, leaving the states and local administrations exempt. However, the Court quite clearly found this stance to be deficient, as did other sectors of government, and so in a further case (which proceeded in 1925), the Supreme Court first established the so-called incorporation doctrine. Citing the Fourteenth Amendment, the Court defined the incorporation doctrine as the principle by which the Bill of Rights could be applied beyond the national government, to the conduct of state and local governments as well. Especially relevant for the doctrine’s justification is the Due Process Clause, contained in the Fourteenth Amendment, which prevents either state or federal governments from infringing on any individual’s life, liberty, or property rights without due process of the law (meaning that special legal permission must be obtained, usually under severe circumstances).

Example Question #1 : Constitutional Interpretations

The recent debate over internet privacy most closely concerns which of the following amendments?

Possible Answers:

4th Amendment

8th Amendment

6th Amendment

2nd Amendment

7th Amendment

Correct answer:

4th Amendment

Explanation:

The 4th Amendment, which establishes requirements for search warrants based on probable cause and prohibits unreasonable search and seizure, is the only possible answer.  The other choices protect the right to bear arms (the 2nd Amendment), the right to a fair and speedy public trial (the 6th Amendment), and the right to a trial by jury in certain civil cases (the 7th Amendment). The 8th Amendment prohibits excessive bonds or fines and outlaws cruel and unusual punishment.

Example Question #1 : Constitutional Interpretations

Which of the following is most closely associated with the judicial philosophy known as Strict Constructionism?

Possible Answers:

A belief that courts should not limit themselves to what is explicitly stated in the Constitution

A belief that term limits should be established for Supreme Court Justices.

A decidedly pro-choice stance

A belief that courts should overturn bad or harmful laws

A belief that courts should not reinterpret the Constitution

Correct answer:

A belief that courts should not reinterpret the Constitution

Explanation:

The answer is "A belief that courts should not reinterpret the Constitution."  Those that believe in Strict Constructionism are proponents of the view that it is not the responsibility of the courts to take liberties in interpreting the Constitution.  

Example Question #2 : Constitutional Interpretations

The Elastic Clause relates to which body of the United States government?

Possible Answers:

The President

The Supreme Court

The lower courts

Congress

The Executive

Correct answer:

Congress

Explanation:

The Elastic Clause, also called the Necessary and Proper Clause, states that Congress shall have the power to make any laws relating to the powers already prescribed to it under the Constitution. It is called the Elastic Clause because it greatly expanded the scope of power available to Congress.

Example Question #2 : Constitutional Interpretations

Proponents of "original intent" would most likely argue that __________.

Possible Answers:

the Constitution should be interpreted according to the original intent of the Founding Fathers

the issue of slavery should be resolved diplomatically based on the original intent of the Founding Fathers

the decisions of the Supreme Court should take into account the precedent handed down from the original intent of prior Court rulings

the Constitution should be interpreted without regard to the original intent of the Founding Fathers

the decisions of the Supreme Court should ignore the precedent handed down from the original intent of prior Court rulings

Correct answer:

the Constitution should be interpreted according to the original intent of the Founding Fathers

Explanation:

"Original intent" is the name given to one means of interpreting the Constitution. Proponents of original intent argue that the Constitution should be interpreted according to the original intent and motivation behind the decisions made by the Founding Fathers. Proponents of original intent might also be called "strict constructionists."

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