FREE FCLE Constitution Questions and Answers

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Which phrase best describes the power of impeachment?

Correct! Wrong!

Explanation:
The power of impeachment refers to the ability of the U.S. House of Representatives to bring charges against federal officers, including the President, Vice President, and other civil officers, for "high crimes and misdemeanors." Impeachment is the first step in the process of removing such officers from office.

In the United States, how are conflicts between state laws and federal laws generally resolved?

Correct! Wrong!

Explanation:
The Supremacy Clause of the U.S. Constitution establishes that federal law takes precedence over conflicting state laws. Therefore, conflicts between state laws and federal laws are generally resolved by applying the Supremacy Clause, which ensures that federal law is the supreme law of the land.

Which circumstance would require a search warrant?

Correct! Wrong!

Explanation:
The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. Generally, a search warrant is required before law enforcement can search a person, their property, or their belongings, including a hotel room unless certain exceptions apply.

Which of the following objectives best describes the purpose of the system of checks and balances, as defined in the U.S. Constitution?

Correct! Wrong!

Explanation:
The system of checks and balances in the U.S. Constitution aims to prevent any one branch of government from becoming too powerful by distributing powers among the legislative, executive, and judicial branches. This ensures that each branch can limit the powers of the others, maintaining a balance of power.

Use the provided Preamble to the United States Constitution to answer the question.

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.”

Which of the following statements best describes the Preamble of the U.S. Constitution?

Correct! Wrong!

Explanation:
"Governments are accountable to the citizens over whom they rule" is a correct interpretation of the Preamble of the U.S. Constitution. The Preamble establishes the idea that the government exists to serve the people and is accountable to them. It emphasizes the principle of popular sovereignty, where the authority of the government comes from the consent of the governed.

A man is walking down a public street window-shopping. A robbery is reported in that same area. Police officers stop and search the man who is shopping. On what Constitutional grounds could this man contest this search as a violation of his rights?

Correct! Wrong!

Explanation:
The Fourth Amendment protects against unreasonable searches and seizures by requiring law enforcement to have probable cause or a search warrant to conduct a search. In this scenario, the man could contest the search as a violation of his Fourth Amendment rights because there was no probable cause or warrant for the search.

Which article of the U.S. Constitution grants the power to coin money, make treaties, and levy import duties?

Correct! Wrong!

Explanation:
Article I of the U.S. Constitution grants the powers of the legislative branch, including the power to coin money, make treaties, and levy import duties. This article establishes the authority of Congress, outlining its specific powers and responsibilities.

In the United States, which of the following is permitted to citizens by the right of freedom of assembly?

Correct! Wrong!

Explanation:
The right to freedom of assembly, protected by the First Amendment of the U.S. Constitution, allows citizens to peacefully gather and express their views through demonstrations, protests, or other forms of assembly. It does not permit actions such as rioting but rather facilitates peaceful expressions of speech and association.

Use the excerpt below, from the Declaration of Independence, to answer the question that follows:

“He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.”

Which constitutional provision was inspired by the above complaint?

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Explanation:
The complaint in the excerpt from the Declaration of Independence regarding standing armies without consent relates to the Third Amendment, which prohibits the quartering of soldiers in private homes without the consent of the owner, except in specific circumstances as prescribed by law. This amendment was inspired by the colonial experience under British rule and ensured protection against the involuntary quartering of troops during peacetime.

Use the passage below, from an exchange between former president Nixon and a television interviewer, to answer the following question:

“Well, when the president does it, that means that it is not illegal” -- Richard M. Nixon

Which constitutional principle does the statement from President Nixon contradict?

Correct! Wrong!

Explanation:
The statement by President Nixon contradicts the principle of the rule of law, which holds that all individuals, including the President, are subject to the law. This principle emphasizes that no one is above the law, regardless of position or authority.

What is the principal function of a written constitution?

Correct! Wrong!

Explanation:
The principal function of a written constitution is to outline the structure and powers of a government. It establishes the framework for how the government operates, including the division of powers, the organization of branches, and the rights of citizens.