AP US Government : Separation of Powers

Study concepts, example questions & explanations for AP US Government

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Example Questions

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Example Question #91 : Constructing The Constitution

Judicial review gives ______________.

Possible Answers:

Congress the power to review the financial affairs of the federal courts

Congress the ability to overturn judicial rulings

the Supreme Court the power to declare an act of Congress unconstitutional

the executive authority the power to review the judiciary for impropriety

the Supreme Court the power to approve or disapprove of every act of Congress as it is signed into law

Correct answer:

the Supreme Court the power to declare an act of Congress unconstitutional

Explanation:

In the Supreme Court decision Marbury v. Madison of 1803, the court took the power of judicial review and the power to declare acts of congress unconstitutional.

Example Question #92 : Constructing The Constitution

Which of the following is a reason for the separation of powers?

Possible Answers:

To promote equality

To create gridlock in government

To prevent tyranny by any one branch of the government

To promote justice

To ensure the power of the executive

Correct answer:

To prevent tyranny by any one branch of the government

Explanation:

Separation and checks and balances were created to ensure that one single branch of government, the executive, legislative, and judicial from gaining too much power over another. It prevents one person, or one group to influence government too much.

Example Question #93 : Constructing The Constitution

For which of the following did the Constitution allow selection by popular vote?

Possible Answers:

The Supreme Court

The Joint Chiefs-of-Staff

The Presidency

The Senate

House of Representatives

Correct answer:

House of Representatives

Explanation:

The House of Representatives was the only branch of the national government that had direct election of the people. All others were either appointment or indirect election. For instance, Senators were initially elected by state legislatures and the presidency remains indirect through the Electoral College.

Example Question #14 : Separation Of Powers

Where in the Constitution are the powers and responsibilities of the President explained?

Possible Answers:

Article IV

Article II

The 1st Amendment

Section 13

Correct answer:

Article II

Explanation:

Article II of the U.S. Constitution deals with the powers of the presidency, though Article I does deal with some of the president’s powers in regards to passing legislation.

Example Question #101 : Constructing The Constitution

Please select the category of public policy that the states do not typically control.

Possible Answers:

Societal issues 

Family matters 

Morality laws

Welfare distribution 

Economic matters 

Correct answer:

Economic matters 

Explanation:

The states are typically responsible for several key categories of public policy – including morality and societal issues (such as divorce) and familial matters (including child care and child labor bans). Currently, state governments have also assumed more control over welfare distribution, matters of healthcare, educational standards, and measures to preserve the environment. Throughout the course of American history, the states have traditionally served as experimental and/or visionary developers of many policies, whose success led to their adoption by, first, other states, and then eventually, the national government itself. For example, an individual state first devised the idea of the minimum wage, while another pioneered environmental protection legislation; the national government therefore often looks to the states for salient public policy inspiration.

Example Question #102 : Constructing The Constitution

Which branch of government uses the veto to check the legislature? 

Possible Answers:

The judicial branch

The Senate

The executive branch

The states

Correct answer:

The executive branch

Explanation:

The president, the head of the executive branch, has power to veto any bills passed by the legislature. Neither the states nor the judicial branch are granted the power of the veto under the Constitution. The Senate is a part of the legislature and therefore does not have the power of the veto.

Example Question #17 : Separation Of Powers

Which body of government is able to create foreign treaties? 

Possible Answers:

The executive branch

The judicial branch

The states

The legislative branch

Correct answer:

The executive branch

Explanation:

The president, the leader of the executive branch has the power to make foreign treaties. The states and the judicial branch have not power over foreign affairs. Although the Senate must approve treaties, the legislative branch cannot negotiate and create treaties. 

Example Question #103 : Constructing The Constitution

Which specific part of government can start start the bill for new federal taxes?

Possible Answers:

The Judicial Branch

The House of Representatives

The President

The Senate

Correct answer:

The House of Representatives

Explanation:

Under the Constitution, only the House of Representatives can start new tax bills, not the Senate. The President is unable to "raise revenue" via taxes under the Constitution. The States can levy their own taxes that affect the citizen of that state, but cannot levy federal taxes.

Example Question #104 : Constructing The Constitution

Which body of government holds the trials in cases of impeachment?

Possible Answers:

The Supreme Court

The Department of Justice

The House of Representatives

The Senate

Correct answer:

The Senate

Explanation:

According to Article 1 Section 3 of the Constitution, the Senate has the power to try all impeachments. The Supreme Court can only rule if a law is Constitutional or not, and has no power over impeachments. The US Department of Justice also has no power over impeachments. Although the House has the power to impeach government official, the Senate is the only chamber of legislature that can conduct the impeachment trials.

Example Question #11 : Separation Of Powers

Article III of the Constitution creates the Judicial Branch of the American Government. Consider the following question.

Among the many judges in the United States, is a group called Article III judges. What is an Article III judge?

Possible Answers:

A judge appointed by the Senate to preside over an impeachment

A judge appointed to temporarily fill a vacancy on the Supreme Court during the final days of the President’s term of office

A judge appointed as a special master in a trial involving a criminal act against the United States government

A judge who is elected to serve the open term of a Justice of the Supreme Court

A judge appointed to U.S. Supreme Court, the Federal Courts of Appeals and District Courts, and the U.S. Court of International Trade

Correct answer:

A judge appointed to U.S. Supreme Court, the Federal Courts of Appeals and District Courts, and the U.S. Court of International Trade

Explanation:

The judges listed in this answer all serve in the Federal Court System and are subject to the roles set forth in Article III of the Constitution. The other answers are incorrect because the President can appoint a Supreme Court justice at any time during his term of office in accordance with Article II of the Constitution. A justice who is nominated by the President must be approved by the Senate and his or her position is not temporary. A special master is appointed by a trial judge to review materials in dispute during a trial. The special master is a neutral judge with no connection to the trial. The Chief Justice of the Supreme Court presides over impeachment proceedings as part of his duties in Article III of the Constitution.

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