1. The Living Constitution

2. Chapter Overview
The Constitution of the United States grants and limits powers.
The framers established a government by ordinary people.
They did not anticipate Americans would be so virtuous and civic-minded that they could be trusted to operate a government without checks and balances.
The framers were suspicious of people, especially of those having political power, so they separated and distributed the powers of the newly created national government in a variety of ways.

3. Chapter Overview
The framers were concerned with creating a national government strong enough to solve national problems.
They gave the national government substantial grants of power, but these grants were made with such broad strokes that it has been possible for the constitutional system to remain flexible and adapt to changing conditions.

4. Chapter Overview
Judicial review is the power of the courts to strike down acts of Congress, the executive branch, and the states as unconstitutional. It is one of the unique features of the U. S. constitutional system. Although the American governmental system has its roots in British traditions, our separation of and checks-and-balances systems differ sharply from the British system of concentrated power. It is also different because our courts have this power of judicial review.

5. Origins of Judicial Review
Whether the delegates to the Constitutional Convention of 1787 intended to give the courts the power of judicial review is a long debated question

6. Marbury versus Madison
John Marshall sworn in as Chief Justice of the Supreme Court through a “midnight appointment” of President Adams in 1801
Jefferson refuses to deliver other commissions
Marbury v. Madison
Constitution is the supreme and binding law

7. Chapter Overview
The constitutional system has been modified over time, adapting to new conditions through
congressional elaboration
presidential practices
customs and usages, and
judicial interpretation

8. Chapter Overview
Although adaptable, the Constitution itself needs to be periodically altered, and Article V provides a procedure for its own amendment.
An amendment must be both proposed and ratified:
Proposed by either a two-thirds vote in each chamber of Congress or by a national convention called by Congress on petition of the legislatures in two-thirds of the states;
Ratified either by the legislatures in three-fourths of the states or by specially called ratifying conventions in three-fourths of the states.

9. Chapter Overview
The Constitution has been formally amended 27 times. The usual method has been proposal by a two-thirds vote in both houses of Congress and ratification by the legislatures in three-fourths of the states.

10. Assessment
The branch of government most likely to have dominated the framers’ opinion was the
bureaucracy
executive
judicial
legislative d

11. Law that is higher than human law is referred to as
statutory law
universal law
natural law
constitutional law c

12. With one exception, ratification of constitutional amendments has been by action of
the president
state legislatures
state conventions
the Supreme Court b

13. Initiating a constitutional amendment requires a ______ vote by both houses of Congress.
two - thirds
three - fourths
majority
unanimous a

14. congressional elaboration political compromise separation of powers
The framers devised a system of shared power that is described by the term
congressional elaboration
political compromise
separation of powers
checks and balances d

15. prohibition of authority implied powers sharing of powers
The constitutional arrangement that limits the power of American officials is known as
separation of power
prohibition of authority
implied powers
sharing of powers a

16. prohibition of authority implied powers sharing of powers
The allocation of constitutional authority among three branches of the national government is known as
separation of power
prohibition of authority
implied powers
sharing of powers a

17. As an example of checks and balances, members of the judicial branch of government are
nominated by the president and confirmed by the supreme court.
nominated by the president and confirmed by the House of Representative.
nominated by the president and confirmed by the Senate.
elected directly by the people. c

18. Regarding checks and balances, which of the following statements is correct?
The Senate and the House of Representatives have an absolute veto over each other in the enactment of laws, because both houses must approve bills. 
The Supreme Court by a 3/4ths vote can override the veto of a president. 
The president has the absolute authority to appoint and confirm federal judges. A

19. The major tool of the courts in checking the power of other government branches has been
impeachment
habeas corpus
judicial review
common law c

20. As originally drafted, the Constitution was expected to
cover all foreseeable situations.
be a legal code, combining the framework of government and specific laws.
be a general framework of government.
be a philosophical statement of the relationships among individuals. c

21. congressional elaboration presidential practice custom and usage
The Constitution of the U.S. has been altered without formal amendment by all but one of the following methods:
congressional elaboration
presidential practice
custom and usage
interposition by states d

22. In the U.S. the ultimate keeper of the constitutional conscience is the
president
Congress
Supreme Court
politicians c

23. The court case that established the practice of judicial review was
Marbury v. Madison
McCulloch v. Maryland
Lochner v. New York
Printz v. United States a

24. Compared to many state constitutions, the national constitution is more
specific
complicated
flexible
recent c

25. The Bill of Rights refers to the first ____ amendments to the U. S
The Bill of Rights refers to the first ____ amendments to the U.S. Constitution.
two
ten
seven
twelve b

26. In order to solve the conflict between desiring a stronger national government and avoiding central control, the framers established a system of _____________. 
Nationalism 
Federalism 
Confederation
Unitarianism b

27. A referendum is:
a method by which voters can reconsider actions of the legislature. 
a method by which citizens can propose and vote on laws. 
an election in which voters elect nominees for office.
a popular vote to remove officials from office before the end of their term. a

28. Which of the following statements is incorrect regarding judicial review? 
The framers intended that the Supreme Court have the power to declare state legislation unconstitutional.
The Constitution clearly states who should have the final word in disputes that might arise over its meaning. 
The framers believed that the power of judicial review could be inferred from certain general provisions of the Constitution. b

29. How does our nation have a constitutional government when the Constitution is constantly being changed by interpretation and changed by informal methods?  
The Constitution clearly authorizes interpretation and change by informal methods. 
It was only intended to be an instrument of government. 
It is an expression of basic personal liberties and an instrument of government. C