CHAPTER THE TEXAS CONSTITUTION IN PERSPECTIVE MULTIPLE CHOICE Government is a process of decision making conditioned by all of the following except a the people c interest groups b history and political parties d bureaucracy ANS: D REF: 41 Constitutions are expected to all of the following except a assign constitutional power c place limitations on the government b identify political leaders d establish major governing institutions ANS: B REF: 42 A constitution promotes if the general public agrees that the government has the right to govern its citizens a social contract c legitimacy b treatise d legality ANS: C REF: 42 In their struggle for power, which institution has acted as an umpire between the national and state governments? a The United States Congress c The United States Supreme Court b The President of the United States d Federal bureaucracies ANS: C REF: 42 Under Article 1, the U.S Constitution gives the national government all of the following expressed powers except a conduct foreign policy c raise and support an army b regulate intrastate commerce d borrow money ANS: B REF: 42 Powers of the national government stated in the United States Constitution are called a concurrent c delegated b reserved d committed ANS: C REF: 42 The implied powers of the national government are designed to whatever is necessary to a carry out the expressed powers of the national government b carry out the expressed powers of the national and state governments c establish the inherent powers of the national government d establish the reserved powers of the states ANS: A REF: 42 Which is a true statement about the powers of the national government? a The only powers of the national government are those specifically stated b How much power the national government has depends on the interpretation of the “necessary and proper clause.” c Powers are determined by the supremacy clause d Powers of the national government are equal to the powers of the state governments ANS: B REF: 42 Which of the following is not a provision of the federal Patient Protection and Affordability Care Act of 2010 (Health Care Reform)? a An individual mandate that requires uninsured individuals to buy health or pay a fine b Provides for state exchanges through which individuals and small businesses may purchase insurance c Those without employer-based health insurance may be eligible for federal subsidies d The Medicaid program will be reduced due to a reduce need ANS: D REF: 43 10 Powers assigned to both the national and state governments are called a reserved c special b concurrent d federal ANS: B REF: 44 11 Reserved powers are those that belong a to the national government b to the state governments c to the national and state governments d to the local governments only ANS: B REF: 44 12 Which is a correct statement about the Tenth Amendment? a The federal courts have frequently used this amendment to invalidate national government actions b In spite of this amendment the U.S Supreme Court in McCulloch v Maryland permitted federal action through implied powers c The federal courts used this amendment to allow the national government to commandeer state agencies to the service of the federal government d It stated that all powers not explicitly delegated to the national government are reserved to the states exclusively ANS: B REF: 44 13 Which U.S Constitutional Amendment has been used by the U.S Supreme Court to extend most of the provisions in the Bill of Rights to state governments? a Sixteenth Amendment c Fourteenth Amendment b Fifteenth Amendment d Thirteenth Amendment ANS: C REF: 45 14 Which of the following is correct about the secessionist movement in Texas? a Over 50% of Texans believe the state has the right to secede b Over 50% of Texans believe that the state would be better off as an independent country c Texas has no legal right to secede from the Union d Texas can only secede if state voters approved the proposition ANS: C REF: 46 15 The Twenty-fourth Amendment to the U.S Constitution forbids states from which of the following? a Using age in setting voting requirements b Prohibiting persons from voting on the basis of gender c Allowing the appointment of U.S senators d Enacting poll tax laws as a condition for voting in a national election ANS: D REF: 45 16 Which is not a correct statement about the present-day Texas Constitution? a It is one of the most restrictive b It has been amended 467 times as of 2010 c It is the longest state constitution d It is the fourth most frequently amended state constitution ANS: C REF: 46 17 Which of the following concerning the Texas Constitution of 1836 is not correct? a It called for a careful separation of Church and State b It legalized slavery in Texas c It prohibited the president from serving consecutive terms d It established a federal system of government for the Republic ANS: D REF: 47 18 Texas fought and won its independence from which of the following countries? a Spain c Mexico b Great Britain d United States ANS: C REF: 47 19 A unitary system of government means there is a a single legislative branch b a single court system c a central government with primary constitutional authority d only one branch at the national level ANS: C REF: 47 20 Which of the following is not true of the Texas Constitution of 1845? a It was similar to other southern state constitutions of the time b It exempted homesteads from foreclosure c It provided for community property d It granted the governor a term of four years ANS: D REF: 47 21 Which is a correct statement about the Texas Constitution of 1866? a Secession from the union was nullified b Confederate war debts were renounced c A civilian government was established d all of these ANS: D REF: 47 22 Which of the following is not correct about the Texas Constitution of 1869? a It centralized state power in the hands of the governor b It provided for annual legislative sessions c It decentralized the Texas public school system d It allowed the governor to appoint all major state offices ANS: C REF: 47 23 Which of the following was the slogan of the Texas Grange going into the 1875 Constitutional Convention?? a “Retrenchment and reform” c “Reconstruction or die” b “Onward to the Future” d “Republicanism for victory” ANS: A REF: 48 24 The Constitution of 1875 was opposed by all of the following groups with the exception of which of the following? a blacks c Democrats b Republicans d railroad interests ANS: C REF: 49 25 The U.S Supreme Court has interpreted the Amendment to extend many national constitutional guarantees to the states a 10th c 15th th b 17 d 14th ANS: D REF: 50 26 Article of the Texas Constitution limits government powers based on which principle? a Federalism c Separation of powers b Checks and balances d Judicial review ANS: C REF: 51 27 Which of the following is not a guaranteed additional right granted by the current Texas Constitution? a It prohibits discrimination based on sex b It prohibits the garnishment of wages for any reason c It forbids imprisonment for debt d It guarantees victims rights ANS: B REF: 50 28 Which is not encompassed by the principle of check and balances? a veto power of the governor b impeachment and conviction power given to the legislature c confirmation of appointments given to the House of Representatives d appointments made by the governor ANS: C REF: 51 29 Which of the following is not true of the Texas Legislature? a It is bicameral b Senators serve years and Representatives get four years terms c The Texas Constitution sets legislative salaries at $7,200 a year d The Legislature meets in biennial regular sessions ANS: B REF: 51 30 According to the Texas Constitution, which of the following is not true concerning the executive branch of government? a It is technically a plural executive b The governor has no term limits c Constitution sets the governor’s salary low d The requirements to be governor are stricter in Texas than other states ANS: D REF: 53 31 Which state agency is permitted to recommend salary increases for legislators? a Legislative Budget Board c Texas Ethics Commission b Texas Audit Board d Sunset Advisory Board ANS: C REF: 51 32 Which is a correct statement about Texas special sessions? a There are no restrictions on how long a special session can last b The legislators are the only ones that are able to call themselves into session c Texas special sessions are more restrictive than any other state d The leadership of the legislature sets the agenda for special sessions ANS: C REF: 51 | 53 33 Which statement is correct regarding term limitations of legislators in the Texas state constitution? a Legislators are limited to one term b Legislators are limited to two consecutive terms c Legislators are limited to serve two non-consecutive terms d Term limits not exist in the constitution ANS: D REF: 52 34 Provisions in the state constitution that are inoperable are known as a ex post facto c procedural b statute-like d deadwood ANS: D REF: 53 35 Which of the following is not a power granted to the Texas governor? a Limited removal power c Pocket veto b Budgetary line item veto d Veto power ANS: B REF: 55 36 Texas and Oklahoma are the only states that have which of the following? a a district court in every city c a probate court b a commissioners court d two courts of final appeals ANS: D REF: 55 37 Which of the following is not a proposal to reform the process of selecting judges in Texas? a Merit plan c Non-partisan elections b Life Terms d Term limits ANS: D REF: 56 38 The constitution stipulates that state judges are to be selected by which method? a partisan election by the voters c appointment by the governor b election by the legislators d nonpartisan election by the voters ANS: A REF: 55 39 Which is another name for the merit selection of judges? a The Missouri Plan c The Montana Plan b The Mississippi Plan d The Massachusetts Plan ANS: A REF: 56 40 The state government decentralizes power by assigning many functions to units of local government, especially a special districts c councils of government b general law cities d counties ANS: D REF: 55 41 Which of the following has limited purposes in terms of local government? a Counties c Special districts b Cities d All of these ANS: C REF: 57 42 Texas gives its voters to the power which of the following? a Popular recall c Initiative b Approve constitutional amendments d Referendum ANS: B REF: 57 43 Which of the following is true about the Texas Constitution’s amendment process? a Proposals by the voters b Proposal by the majority vote of the legislature c Ratification after approval by the governor d Ratification by the majority of voters ANS: D REF: 57 44 The Constitutional Convention of 1974 was divided over which issue? a A right to work provision to restrict organized labor b The merit system of selecting judges c Setting the salary of state legislators d Reducing the term of the governor to two years ANS: A REF: 58 45 Which is not a function of a constitution? a It is the fundamental law that deals with the basic principles of government b It is the superior law that establishes governing institutions c It provides for a basic representative government d It establishes policies ANS: D REF: 59 46 When state governments misuse their powers, the response is usually to a b c d throw out the old constitution and replace with a new one place constitutional limitations and restriction on those powers make the document more flexible recall the officials ANS: B REF: 59 47 Which statement most accurately reflects state constitutions? a They are poorly written and, as a result, are interpreted to be overly restrictive b They are generally less restrictive than the U.S Constitution c They require several hundred amendments to reflect the times d They are generally shorter than the U.S Constitution ANS: A REF: 59 48 Opposition to the 1975 proposed constitutional overhaul centered on all of the following issues except a fear of greater government costs c biennial legislative sessions b more power to the legislature d possibility of an income tax ANS: C REF: 59 49 State constitutions require more amendments because of each of the following except a interest groups frequently feel safer when their interests are protected in a constitution b citizens are wary of strong governments and prefer detailed restrictions c state constitution are poorly written and arranged d state constitutions are usually written in general terms and need additional clarification ANS: D REF: 59 50 Compared to the United States and other state constitutions, Texas generally has a more words b more total amendments c higher frequency of amendments per year d all of these ANS: D REF: 60 51 According to Timothy Hoye, which of the following was not a criticism of the Texas Constitution of 1869? a It granted too much power to the legislature b It granted too much power to government in general c It gave voters the power to elect most state executive office d It was perceived to be of questionable legitimacy ANS: C REF: 63 52 Which of the following is true about the Constitution of 1869? a Gave the governor the power to appoint members to the Texas Supreme Court b The legislature was permitted to meet annually c Created the perception that it was more concerned with punishing than reconstructing Texas d All of these ANS: D REF: 63 53 Which U.S Supreme Court case voided the Texas’ governor’s election of 1873? a Davis v Coke b Ex parte Davis ANS: C c Ex parte Riodriguez d Ex parte Grant REF: 63 ESSAY Explain what is meant by a federal system of government In your discussion, be sure to identify the powers that are granted to both the national government and that of the states What powers are denied to both? What powers are shared by both? Be sure to give examples ANS: Students’ answers may vary Explain how the United States Supreme Court has recently interpreted states’ rights as being embodied in the Tenth and Eleventh Amendments What are your views on constitutionally imposed limitations on federal activities? ANS: Students’ answers may vary Trace the history of Texas’s constitutions and the political and cultural environments that influenced the writing and ratifications of the various documents ANS: Students’ answers may vary Describe the present-day constitution How does the document compare to the United States Constitution and the constitutions of other states What recent measures have been taken to change the document? Should the constitution be rewritten entirely, or should we continue to piecemeal the document with numerous amendments? ANS: Students’ answers may vary How does the Texas Bill of Rights protect the personal rights of individuals? Compare these protections to those granted by the United States Constitution ANS: Students’ answers may vary Outline and discuss provisions in the Texas state constitution, including specific articles Explain the process used to amend the document Why has the constitution been amended so many times? What would you to change this process, and why? ANS: Students’ answers may vary Describe the political climate that existed during the Texas Constitutional Convention of 1875 How did the administration of E.J Davis influence the new constitution? ANS: Students’ answers may vary 8 Explain the Tenth Amendment and the reserved powers of the states What were the issues involved and the decision made in the case McCulloch v Maryland? ANS: Students’ answers may vary Discuss the administration of republican governor E.J Davis What lasting influences has his administration had on Texas? How have revisionist historians viewed Davis and his administration? ANS: Students’ answers may vary 10 Define the constitutional principles of separation of powers and checks and balances Give specific examples of each ANS: Students’ answers may vary 11 Explain the effort made in the 1970s to revise the Texas constitution Why did the efforts fail? Do you think there will be additional efforts made to rewrite the document? Explain ANS: Students’ answers may vary 12 According to Timothy Hove, what how did the 1869 Constitution develop and why was it seen by most Texans as illegitimate? Detail the past criticisms and current revisionist views on the administration of Governor Davis ANS: Students’ answers may vary ... stricter in Texas than other states ANS: D REF: 53 31 Which state agency is permitted to recommend salary increases for legislators? a Legislative Budget Board c Texas Ethics Commission b Texas Audit... of the following concerning the Texas Constitution of 1836 is not correct? a It called for a careful separation of Church and State b It legalized slavery in Texas c It prohibited the president... correct about the Texas Constitution of 1869? a It centralized state power in the hands of the governor b It provided for annual legislative sessions c It decentralized the Texas public school