Chapter 3 Self-Check Quiz
Multiple Choice
1. The Connecticut Compromise resolved the dispute between large and small states by:
A. Counting enslaved people as three-fifths of a person for representation B. Apportioning the House by population and giving each state two senators C. Establishing the Electoral College for presidential elections D. Requiring a supermajority for amendments to the Constitution
2. The Necessary and Proper Clause is found in:
A. Article I, Section 8 (the enumerated powers of Congress) B. Article II, Section 2 (presidential powers) C. Article III, Section 1 (the judicial power) D. The Tenth Amendment
3. Which of the following is the most legally consequential amendment for modern constitutional law?
A. The First Amendment B. The Tenth Amendment C. The Fourteenth Amendment D. The Twenty-Seventh Amendment
4. Article V provides two paths to propose a constitutional amendment. Which has been used for all twenty-seven existing amendments?
A. A constitutional convention called by two-thirds of state legislatures B. A direct popular referendum C. A two-thirds vote in both houses of Congress D. A unanimous vote of the Supreme Court
5. The Three-Fifths Clause:
A. Counted enslaved people as three-fifths of a person for purposes of House representation and direct taxation B. Required three-fifths of states to ratify amendments C. Established that the President must be elected by three-fifths of electors D. Set the threshold for impeachment conviction at three-fifths of the Senate
6. "Originalism" as a school of constitutional interpretation generally holds that:
A. The Constitution should be interpreted to advance the political preferences of the original framers' political party B. The Constitution should be interpreted according to the public meaning the text had at the time of ratification C. The Constitution should be re-ratified every fifty years D. Only original signers of the Constitution can interpret it correctly
7. "Living constitutionalism" generally holds that:
A. The Constitution is a living organism with biological needs B. The Constitution should be amended every generation through a constitutional convention C. The Constitution's broad principles must be applied to changing circumstances, with the Court reading the document in light of evolving conditions D. The Constitution applies only to citizens currently alive
8. Marbury v. Madison (1803) is significant because it:
A. Established the principle of judicial review B. Ratified the Bill of Rights C. Abolished slavery D. Created the Cabinet
9. The Supremacy Clause is found in Article VI and provides that:
A. The Senate is supreme over the House B. Federal law and treaties are the supreme law of the land, binding state judges even where state law contradicts C. The Supreme Court has the final word on all constitutional questions D. Federal officers are supreme over state officers in all matters
10. The Bill of Rights, as originally adopted in 1791:
A. Applied to both the federal and state governments from the start B. Applied only to the federal government, with later application to the states through the Fourteenth Amendment's incorporation doctrine C. Applied only to the original thirteen states D. Was identical in scope to the rights protections in the original Constitution
11. Common-law constitutionalism, as articulated by David Strauss, emphasizes:
A. Strict adherence to the text as written in 1788 B. The body of judicial precedent that has built up case-by-case over two centuries C. Direct popular ratification of every Supreme Court decision D. The replacement of constitutional text with statutes
12. The "small-c constitution" refers to:
A. A small printed copy of the Constitution B. The unwritten norms, conventions, and customs that make the formal Constitution workable in practice C. The Constitution of a small state, like Rhode Island D. The Bill of Rights only
Short Answer
13. In 200–300 words, explain the difference between the Constitution as a legal document and as a political document. Give one example where the two functions reinforce each other and one example where they pull in different directions.
14. In 250–350 words, present the strongest case for the originalist school of constitutional interpretation. Then, in a separate paragraph, present the strongest case for the living-constitutional school. The purpose is to demonstrate the discipline of steel-manning a position you may not share.
15. In 200–300 words, explain why the 14th Amendment is described in the chapter as the engine of modern constitutional law. Include at least three specific clauses of the 14th and identify one major Supreme Court case that turns on each.
16. In 200 words, describe the Article V amendment process. Include both proposal paths and both ratification paths. Then in 100 words, give the strongest argument for and against making amendment easier.
Answer Key
Multiple Choice: 1-B, 2-A, 3-C, 4-C, 5-A, 6-B, 7-C, 8-A, 9-B, 10-B, 11-B, 12-B
Short answer rubric: - Q13: Look for clear distinction between justiciability/enforcement (legal) and legitimation/political-vocabulary (political); concrete example pairs. - Q14: Look for fidelity-to-text and constraint-on-judicial-discretion arguments for originalism; framework-for-changing-circumstances and Marshall's McCulloch argument for living constitutionalism. Both must be presented in their strongest form. - Q15: Citizenship Clause overruling Dred Scott; Due Process Clause as basis for incorporation (e.g., Gideon v. Wainwright applying Sixth Amendment to states); Equal Protection as basis for Brown v. Board and Obergefell. Many other valid examples. - Q16: 2/3 of Congress OR 2/3 of state legislatures call a convention to propose; 3/4 of states ratify (legislatures or conventions, Congress chooses). Argument for easier amendment: structural dysfunction without political path to repair. Argument for harder: prevent partisan flips of fundamental law.