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U.S. CONSTITUTION
TEST PREPARATION GUIDE
This is only a study guide with some examples. The Education Department
strongly recommends that you utilize the following sources to study for this
exam:
1. The Constitution of the United States of America, including full texts of
all Amendments (see attached copy from the National Constitution Center in
Philadelphia).
2. A history of landmark Supreme Court cases such as Saul K. Padover's
The Living U.S. Constitution. (McHenry Library, call # KF 4550.U
3. The Constitution of the U. S., Floyd G. Cullop, Mentor, $5.99 (especially
the questions and answers in the last section).
4. A general American History textbook, particularly the sections on the
Revolution through 1865 (special focus on the Constitutional Convention).
THE CONSTITUTION
The Preamble to the Constitution: "We the People of the United States, in Order to
form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the
common defense, promote the general Welfare, and secure the Blessings of the liberty to
ourselves and our Posterity, do ordain and establish this Constitution for the United States
of America."
Amendments
Procedures for passing an amendment to the Constitution (Article V):
- 2/3rds of both Houses propose Amendment to the Constitution.
OR
- On the Application of the legislatures of 2/3rds of the states, shall call a
Convention for proposing an Amendments to the Constitution.
àIn either case, must be ratified by the legislatures of 3/4ths of the states or by
conventions in 3/4ths of the states.
First Ten Amendments: Bill of Rights (ratified in 1791)
Brief description— Read full text in U.S. Constitution ):
I. Freedom of religion, speech, press, assembly, and petition
II. Right to bear arms
III. Housing of troops in time of by owner’s consent. In time of war, in manner
prescribed by law.
IV. Prohibits unreasonable search and seizure
V. No person can be tried for the same offense twice (double jeopardy), nor witness
against him/herself; nor be deprived of life, liberty or property without due process;
nor have property taken for public use without compensation.
VI. Right to a speedy trial by an impartial jury of the state; informed of nature and
cause of accusation, confronted by witnesses against him and obtain witnesses in
favor; right to legal counsel.
VII. Right to a trial jury in suits at common law where value exceeds $20.
VIII. Prohibits excessive bail fines & cruel or unusual punishment
IX. Rights outlined in the Constitution do not deny others retained by the people.
X. Powers not given to federal government nor prohibited by it to the Senate, are
reserved to the States, or to the people.
Amendments Eleven through Twenty-six:
XI. Suits against a state must be tried in state courts XII. Prescribes procedures by which President & Vice President are elected: Determined by electoral college in states; majority of votes wins. If no person has a majority of votes the House of Representatives shall elect by ballot. XIII. Slavery or involuntary servitude shall not exist in US except as a punishment for crime where the party has been duly convicted. XIV. States cannot make or enforce law that abridge privileges of citizenship. XV. Guarantees the right to vote regardless of race, color, or previous condition of servitude
COURT CASES
Individual Rights Vs. The State
1857: Dred Scot vs. Sanford, Ruling by the U.S. Supreme Court that people of African
descent imported into the United States and held as slaves (or their descendants, whether
or not they were slaves) were not protected by the constitution and could never be U.S.
citizens. (this part overruled by the 14
th
Amendment).
1919: Schenck vs. U.S., Free speech can be limited when clear & present danger present
to the country (defendants accused of persuading draftees to break law).
1961 : Mapp vs. Ohio, Evidence obtained in violation of the Fourth Amendment, which
protects against "unreasonable searches and seizures," may not be used in criminal
prosecutions in state courts, as well as federal courts. (4th Amendment applies to states).
1966: Miranda vs. Arizona— In order for any inculpatory or exculpatory statements to be
used against the defendant in court, while in police custody, he or she must be informed
of his or her rights: right to an attorney, right against self-incrimination. Limits the
power of local police to extract confession from persons accused of crimes. ("You have
the right to remain silent ... ")
School Related Decisions
1896: Plessey vs. Ferguson, Upheld the constitutionality of state laws requiring racial
segregation in private businesses (particularly railroads), under the doctrine of "separate
but equal." Provided the legal foundation to justify many other actions by state and local
governments to socially separate blacks and whites. (Overturned in 1954 by Brown v.
Board of Education).
1943: W. Virgina School Board vs. Barnette, Held that the Free Speech Clause of the
First Amendment to the United States Constitution protected students from being forced
to salute the American flag and say the Pledge of Allegiance in school.
1954: Brown vs. Board of Education-- Landmark decision of the United States Supreme
Court that declared state laws establishing separate public schools for black and white
students and denying black children equal educational opportunities unconstitutional.
(Overturned the Plessy v. Ferguson, 1896)
1955: Brown vs. Topeka Board of Education, Separate but equal has no place in schools.
1963: Abington School District, Pa vs. Schempp, (combined with the case Murray vs.
Curlett) Declared school-sponsored Bible reading and state sponsored prayer in U.S.
public schools to be unconstitutional.
State vs. Federal Rights
1824: Gibbons vs. Ogden, A case related to the “Commerce Clause” empowering
Congress to regulate interstate and foreign commerce (Article I, sec. 8). Defined
commerce expansively, far beyond mere exchange of goods to include new forms of
transportation (steamboats), etc.
1920: MO vs. Holland, Supremacy of U.S. Congress' treaties over state constitutions.
1937: West Coast Hotel vs. Parrish, State & Congress can regulate minimum wage.
1962: Baker vs. Carr-- Reapportionment (attempts to change the way voting districts are
delineated) issues present justifiable questions, thus enabling federal courts to intervene
in and to decide reapportionment cases. States need to draw their electoral districts
according to population.
1793: Chisholm vs. GA. A state could be sued by non-resident (federal courts had
jurisdiction between a state and citizen of another state or country). Later overruled by
the 11
th
Amendment.
1803 : Marbury vs. Madison, A landmark case, formed the basis of the exercise of judicial
review in the U.S. (the idea that courts may oversee and nullify the actions of another
branch of government). The landmark decision helped define the "checks and balances"
of the American form of government.
1937: Natl. Labor Relations Board vs. Jones Laughlin Steel Corp-- Effectively spelled the
end to the Court's striking down of New Deal economic legislation, and greatly increased
Congress's power under the Commerce Clause. Congress and their agencies can regulate
intrastate commerce activities and labor “if they have such a close and substantial
relation to interstate commerce that their control is essential or appropriate to protect
that commerce from burdens and obstructions.”
excluded from vote like the VP/Pres. of Senate)
- House members must be 25 yrs old, 7 yrs. as a US citizen at the time of election,
and a resident at the time of election of the congressional district within the state
he/she represents. Serve for a 2 year term.
Senate
- Initially in the Constitution: appointed by their state legislatures (changed to vote
by the people-- 17
th
Amendment)
- 2 Senators per state. Number NEVER to be changed by amendment (Constitution
does not allow changes in Senate representation) = 100 members.
- Senators must be at least 30 yrs old, 9 yrs. as a US citizen at time of election; term
is 6 years; 1/3 elected every 2 yrs.
- Impeachments are tried in the Senate
- Ratify treaties
- President of the Senate (VP) only votes in the case of tie.
CONSTITUTIONAL CONVENTION (Facts in Brief)
Constitutional Convention 1787 Philadelphia
- Washington presided over the Constitutional Convention; first to sign
the Constitution.
- William Johnson (secretary of the Convention) last person to sign the
Constitution.
- 55 Delegates from 12 States (12 delegates did not attend, including all
from Rhode Island).
- One important issue: Federal vs. State Rights. The previous Articles
of Confederation gave more rights to state governments. The states
were also equally represented regardless of size of population (VA
had the largest population, NJ and NH had the smallest).
- Federalists: Statesmen and public figures supporting ratification of the
U.S. Constitution. Hamilton, author of The Federalist Papers,
Washington and John Adams.
- Anti-Federalists: Believed the central governing authority of a nation
should be equal or inferior to, but not have more power than the
states. Patrick Henry and Samuel Adams.
- Convention required 9 of 13 states to ratify Constitution; NH was the
9th state to ratify in 1791; last state was R.I.
- Determining state to be ratified in 1788.
- Slaves were referred to as "other persons" counted as "3/5ths" a
person in determining representation in Congress.
- Constitution mentioned slavery in none of its provisions.
- Writ of Habeas Corpus: Legal document stating right of a jailed
person to be released if proper charge cannot be brought.
- Treason: Levying war and aiding/comforting any persons waging war
against the US. ; 2 witnesses to act or confession needed.
- 13 th^ Amendment: Slavery or involuntary servitude shall not exist in US except as a punishment for crime where the party has been duly convicted.
- 15 th^ Amendment: Guarantees the right to vote regardless of race, color, or previous condition of servitude.
- 19 th^ Amendment: Guarantees women the right to vote: the right to vote cannot be denied or abridged based on sex.
- 24 th^ Amendment: Right to vote for President, V.P. & Congress without poll tax or other tax. 20 th^ Amendment: The terms of President & Vice President begin on Jan. 20; terms of Congress on Jan. 3. “If, at the time fixed for the beginning of the term of President, the President elect shall have died, the Vice President elect shall become President.” - 22 nd^ Amendment: The President is limited to serving 2 consecutive terms. - 25 th^ Amendment: In the case of removal of the president from office, death or resignation, the VP assumes office. Outlines procedures by which the VP assumes the powers and duties as the Acting President. If vacancy in VP, President nominates a VP and both houses must confirm by majority vote.
- The Bill of Rights: The first 10 amendments; ratified in 1791.
- THE PREAMBLE to the Constitution : "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
EXECUTIVE & LEGISLATIVE BRANCHES
PRESIDENT
- Commander & Chief of the Army, Navy & State Militia.
- At least 35 yrs. old, a US “natural born” citizen, and have been a resident in US for 14 yrs.
- Oath of Office: “… preserve, protect, and defend the Constitution of the United States.”
- Bill to law: After passing both houses of Congress, Pres. must sign bill in 10 days or veto it and return it to Congress (requires 2/3rds vote to override veto). If more than10 days has elapsed, the bill becomes law. Pocket veto: Allows President to indirectly veto bill if Congress is adjourned before the end of 10 days and president fails to sign a bill. VICE PRESIDENT - Same eligibility requirements as president.
- VP: In Constitution of 1 787: VP was the presidential candidate with the second highest # of votes received.
- Pres. of Senate but only votes if there is a tie. If V.P. is absent, the pres. Pro-tempore (pro tem) may preside over Senate. CONGRESS - Only Congress can declare war. - Congress has responsibility for naturalization laws & ratifying treaties. - Must assemble at least once each year. HOUSE OF REPRESENTATIVES: - 2 powers reside with H. of R. that Senate doesn't have: - a) All revenue bills originate in H.of R. (can be amended to & are approved by Senate). - b) Bring charges of impeachment for Pres/V.P. A simple majority of H.of R. required to "impeach"; then Senate holds a trial and may convict with a 2/3rds vote required. Chief Justice-rather than VP- serving as Pres. of Senate. - --Andrew Johnson & Bill Clinton both impeached (i.e., majority of the H.of R. voted to impeach). Senate hel trial; neither was convicted. - Have 435 members, regardless of population. Currently, 1 member represents 650,000 people. - Led by Speaker of House (chosen by majority). - Rep. must be 25 yrs. old, 7 CONSTITUTIONAL CONVENTION - Constitutional Convention: 1787 in Philadelphia with 55 delegates from 12 states (19 didn't attend, including all from Rhode Island); Washington presided over Convention and was1st to sign the Constitution (Wm. Johnson last to sign). Greatest issue: state rights. - Federalists: supporters of Constitution, A. Hamilton, author of The Federalist Papers (vs. anti-Federalists led by Patrick Henry). - A convention of 9 of 13 states needed to ratify - 9th state was NH in 1791 (last: RI). - In original Constitution: Slaves (who were referred to as "other persons") counted as "3/5ths" a person for determining # of representation in Congress. - Writ of Habeas Corpus: Legal document stating right of a jailed person to be released if proper charge cannot be brought. - Treason: levying war against US or adhering to their enemies, giving them aid & comfort; 2 witnesses to act or confession in open court.
AMERICAN CITIZENSHIP
- Accorded to those born in American territories, including Puerto Rico & Virgin Islands.
- Requirements to be "naturalized" as a citizen: 18 years (unless child of a citizen), lived in US 5+ yrs., speak & read English; swear to support Constitution, and judged of good moral character. yrs. as a US Citizen & must be a resident of the district and state at the time of election. All are elected every 2 yrs. SENATE
- In initial Constitution: appointed by their state legislatures (changed with 17 th^ Amendment).
- Allocation of 2 Senators per state can NEVER be changed by amendment (per Constitution only item on which there can't be an amendment).
- Senator: 3 0 yrs. old, 9 yrs. as a US citizen, must be resident of the state at the time of election.
- Senate: 1/3 elected every 2 years (for 6 year term).
- Sole power to try impeachments.
US CONSTITUTION-Sample Test Items
- Commander & Chief of Army, Navy, State Militia?
- Naturalization laws are enacted by?
- How are the seats in the House of Representatives apportioned? What is the number of House members?
- Amendments can be proposed by?
- Who can declare war?
- Who is President of the Senate and what is his/her role?
- Who refused to send delegates to the Constitutional Convention?
- What is a writ of Habeas Corpus?
- House of Representatives are limited to how many members? (Regardless of increase in population).
- What are the requirements to be a US Representative?
- Who was opposed to the Constitution?
- What is the process for a bill becoming a law?
- What are the requirements to become a Senator and what sole power lies with the Senate?
- What is the definition of treason?
- What are the requirements to be President?
- Marbury Vs. Madison (1803)
- Gibbons Vs. Ogden (1824)
- Dred Scott Vs. Sanford (1857)
- Plessy Vs. Ferguson (1896)
- Schenck Vs. US. (1919)
- Missouri Vs. Holland (1920)
- National Labor Relations Board (NRLB) Vs. Jones & Laughlin Steel Corp. (1937)
- West Coast Hotel Vs. Parrish (1937)
- W. Virginia State Board of Ed. Vs. Barnette (1943)
- Brown Vs. Board of Education; Topeka (1955)
- Mapp Vs. Ohio (1961)
- Baker Vs. Carr- (1962)
- School District of Abington (Pa.) Vs. Schemp (1 963)
- Murray Vs. Curlett (Md.) (1963)
- Miranda Vs. Arizona (1966)
Sample Test Question-Answers
- The President
- The Congress
- The seats in the House of Representatives are apportioned among the states by population, as determined by the census conducted every ten years. 435 members.
- Amendments to the Constitution can be proposed by a 2/3rds vote of both houses or by 2/3rds of the state legislatures. An amendment is ratified by approval of 3/4ths of the state legislatures or by convention in 3/4ths of the states.
- Only Congress.
- Vice President. Presides over the Senate. Can only vote if there is a tie. If V.P. isn’t in attendance a pro-tempori (or President Pro-tem) is used.
- Rhode Island
- Legal document stating the right of a jailed person to be released if proper charges cannot be brought against him.
- They have the power to impeach the president, propose finance bills, select their own speaker.
- 25 years old, 7 years resident of U.S. and must live in the district and state in which elected.
- Anti-Federalists. Supporters were the Federalists.
- Congress proposes bills. President must sign in 10 days or bill is returned to Congress to be passed by a 2/3rds vote in order to override veto. If not signed or returned in 10 days, bill automatically becomes law. Pocket veto-- President does not sign, but Congress has adjourned before the 10 days.
- 30 yrs. old, 9 years as U.S. resident. President of Senate is the V.P.; votes only in a tie. The Senate has the sole power to convict an impeached president by a 2/3rds vote. (Chief Justice takes V.P.'s place in Senate during trial).
- Levying war and or aiding and comforting the enemy. Requires: 2 witnesses to the act or a confession in court.
- 35 years old, natural-born citizen and at least 14 years residency in U.S. President's oath: "…preserve, protect and defend the Constitution of the U.S."
- Must start in the House of Representatives then approved by Senate. President may sign the bill into law or veto.
- Senators: 1/3rd of Senate elected every 2 yrs. (serve a 6 year term). House of Representatives: All members are elected every 2 years (they serve a 2 year term).
citizens of the U.S., nor shall the state deprive any person of life, liberty or property without due process of law; nor deny any person equal protection under the law. Part 2 - Each state will count its representatives as whole numbers of persons.
- Neither slavery nor involuntary servitude except as punishment for a crime shall exist in the U.S. or anywhere subject to its jurisdiction.
- Pres. & Vice Presidential electoral procedure revised: a) Electors meet in states to vote. b) Majority of votes wins c) Names of candidates for VP and Presidential appear on distinct ballots. d) If Electoral College doesn't reach a majority vote, the House of Representatives vote.
- Suits against the state must be tried in state courts: The judicial power of U.S. cannot extend to any suit in law or equity, commenced or prosecuted against one of the U.S. by citizens of another state or by citizens of a foreign state.
- Powers not given to the federal Government belong to the states or to the people - The powers not delegated to the U.S. by the Constitution, nor prohibited by it to the states respectively, or to the people.
- The enumeration in the Constitution of certain rights shall not be constructed to deny or disparage other rights retained by the people.
- Prohibits excessive bail fines and cruel and unusual punishment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
- Right of trial by jury: In suits at common law where the value in controversy shall exceed $20.
- Right of a person accused of a crime. Right to a speedy trial: In all criminal prosecutions, the accused shall enjoy the right to a speedy trial and public trial, by an impartial jury of the senate and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witness in his favor, and have the assistance of counsel for his defense.
- Rights of Accused persons: No persons shall be held to answer for capital, or otherwise infamous crime unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces or in the Military when in actual service in time of war
or public danger; nor shall any person be subject for the same offense to be twice in jeopardy of life or limb; nor shall be compelled in any case (crime) to be a witness against himself nor have his property taken for public use without compensation.
- Prohibition of Unreasonable Search & Seizure: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, support by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
- The rights of citizens to vote shall not be denied on the account of sex. Congress shall enforce.
- Housing of Troops: No soldier, shall in, times of peace be quartered in any house without consent of the owner, nor in any time of war, but in a manner to be prescribed by law.
- Rights to bear arms: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of people to peaceably assemble, and to petition the Government for a redress of grievances.
- A state could be sued by a non-resident for the payment of debts giving federal courts jurisdiction over disputes between a state and a citizen of another state or foreign country. Chisholm won. Overturned by 11th Amendment.
- Delaware was 1st to approve; adopted (accepted) in 1788; ratified 1791, last state to ratify was Rhode Island.
- Established the Supreme Court as the nation’s final arbiter of the Constitution. Ruled a provision of an act of Congress to be unconstitutional. (Marbury won this commission).
- Further defined commerce in the Constitutional clause. Congress shall have the power to regulate commerce with foreign nations among several states, and with the Indian tribes—extended definition of commerce beyond goods—transportation, etc. (resulted in the explosion of the steam boat commerce).
- Ruled slavery legal - court held that Congress had no constitutional power to forbid slavery in the New Territories of the west. Dred Scott lost and was denied his freedom.
- Separate but Equal: Separate but equal facilities were neither unreasonable nor illegal - condemned Blacks to second-class citizenship (inferior facilities including schools, etc. ). (Later reversed in 1954 - Brown vs. Board of Education)
