CHAPTER 2: Federalism and the Texas Constitution MULTIPLE CHOICE The two sources for the powers of the Texas government to govern are the a U.S Bill of Rights and the United Nations Charter b Texas Constitution and Texas’s membership in the federal Union c Texas Constitution and the United Nations Charter d North American Free Trade Agreement and the U.S Constitution ANS: B REF: 52 The Texas Constitution has been criticized a for being too long and lacking organization b for being too short and fragmented c for being long and centralized d for being racially motivated ANS: A REF: 52 Understanding the difference between state government and federal government involves a knowing that state constitutions are more powerful than the U.S Constitution b understanding that the federal constitution is weaker than state constitutions c understanding that state constitutions are subject to the U.S Constitution d understanding that the Supremacy Clause does not apply to most of the states ANS: C REF: 53 A system of government in which power is divided between a general government and associated regional governments is a(n) a unitary system c federal system b confederate system d autocratic system ANS: C REF: 52 The Tenth Amendment to the U.S Constitution a denies all powers to the states except for those specifically granted to them b makes no mention of the state governments c grants all undesignated powers to the federal government d reserves to the states or to the people those powers not delegated to the federal government ANS: D REF: 52 Article VI of the U.S Constitution contains the a Bill of Rights c equal protection clause b full faith and credit clause d national supremacy clause ANS: D REF: 53 Under the national supremacy clause of the U.S Constitution, a state laws take precedence over federal laws b federal laws and treaties enacted under the U.S Constitution take precedence over state constitutions and laws c the federal Constitution, laws, and treaties take precedence over state laws, but are equal to state constitutions d the federal and state constitutions are equal, though state laws take precedence over federal laws ANS: B REF: 53 The regulation of commerce among the several states by the U.S Congress is an example of a(n) a delegated power c inherent power b implied power d reserved power ANS: A REF: 53 Article I, Section 8, Paragraph 18 of the U.S Constitution contains a statement that has been used by Congress and the courts to expand the sphere of federal authority It is known as the a delegated powers clause c inherent powers clause b implied powers clause d reserved powers clause ANS: A REF: 53 10 In Texas v White (1869), the U.S Supreme Court found that a the U.S Constitution does not provide for states to leave the Union b states are required to give full faith and credit to the civil court decisions of the courts of other states c states must honor the debt of the national government should that entity ever be unable to repay it d English is the official language of the United States ANS: A REF: 53 11 Texas may divide into as many as five states under the terms of a the Texas constitution b the congressional resolution admitting Texas into the Union c Article V of the U.S Constitution d the Tenth Amendment of the U.S Constitution ANS: B REF: 54 12 Texas is not guaranteed which of the following by the U.S Constitution? a protection against invasion b territorial integrity—the state cannot be divided or combined with another state without its consent c two members in the U.S Senate and at least one member in the U.S House of Representatives d determining without interference the qualifications for voting ANS: D REF: 54 13 American federalism has survived the stresses and strains despite the serious threats of a the Civil War and the Great Depression c the 10th Amendment b being a state within a state d delegated power ANS: A REF: 52 14 Which situation would be covered by the full faith and credit clause of the U.S Constitution? a Texas recognizes a Louisiana marriage b Texas returns a fugitive from Oklahoma c Texas charges out-of-state tuition for a citizen of North Carolina attending a public college in Texas d Texas grants a corporation domiciled in Mississippi the privilege of doing business in Texas ANS: A REF: 56 15 A person commits an armed robbery in El Paso and then flees to Las Cruces, New Mexico How would he be returned to Texas to face trial? a The El Paso police would go to Las Cruces and pick him up b The Las Cruces police would bring him back to El Paso c The Texas governor would request the New Mexico governor to return the fugitive, to which the New Mexico governor would agree El Paso and Las Cruces authorities would then arrange a mutually satisfactory transfer d Texas would prosecute the fugitive in the courts of New Mexico ANS: C REF: 56 16 The setting of the sales tax rate is an example of a(n) a delegated power to the states c inherent power of the states b implied power of the states d reserved power of the states ANS: C REF: 57 17 What part of the U.S Constitution provides that the citizen of one state is entitled to the same privileges and immunities of a citizen of another state? a Article V c the Fifth Amendment b Article IV d the Tenth Amendment ANS: B REF: 54 18 State governments retain substantial authority over a the operation of schools, the conduct of elections, and the enforcement of criminal laws b military preparedness, the operation of schools, and the conduct of elections c the value of the currency, foreign trade, and the conduct of elections d foreign relations, foreign trade, and the enforcement of the criminal law ANS: A REF: 57 19 According to a U.S Supreme Court decision, the “privileges and immunities” of citizenship not include a access to the courts c government subsistence b travel d acquisition of property ANS: C REF: 54 20 The trend in federal-state relations since the 1980s can best be described as the a federal government assuming more financial responsibility for state programs b states assuming more responsibility for Social Security and Medicare c federal government transferring more responsibility to the states but reducing funding levels d states playing a larger role in the area of national defense ANS: C REF: 59 21 Article VI of the U.S Constitution emphasizes that the U.S Constitution a b c d must be subservient to the states under the 10th Amendment must prevail over state constitutions must be amended to comply with state laws is supreme in legal matters only ANS: B REF: 53 22 Factors that led Anglo Texans and others to rebel against Mexico a white racial superiority c increasing numbers of Anglo settlers b anger over Mexico’s abolition of slavery d All of the above ANS: D REF: 62 23 How many amendments to the Texas Constitution were adopted between 1876 and 2010? a 27 c 467 b 50 d 502 ANS: C REF: 60 24 The Texas Constitution is lengthy and detailed primarily because a the U.S Constitution requires that state constitutions be longer than the federal b Texas is a geographically large and populous state c the 1875 convention met for eleven weeks; had they adjourned sooner, the constitution would have been shorter d too much policy is spelled out in the constitution ANS: D REF: 60 25 In its capacity as fundamental law, the Texas Constitution a spelsl out the size and salary of the Legislature b creates governmental institutions, assign them powers, and place limitations on them c determines the property tax rate d provides for revision once in each generation ANS: B REF: 60 26 The Texas Constitution can be described as a one of the best constitutions ever written b a code of laws c a model based upon the national constitution d an example of Mexican influence ANS: B REF: 61 27 The constitution of 1836 was a modeled on that of Mexico b Texas’s first state constitution c the governing instrument for the Republic of Texas that legalized slavery d unwritten ANS: C REF: 62 28 Texas joined the American federal Union in a 1836 b 1845 ANS: B c 1861 d 1870 REF: 62 29 The 1845 Texas Constitution provided for all of the following except a separate property rights for married women b protection of agricultural interests c protection of homesteads against forced sale for nonpayment of debt d abolition of chattel slavery ANS: D REF: 63 30 The principal historic event surrounding the Texas Constitution of 1861 was a joining the American federal Union c Reconstruction b joining the southern Confederacy d a financial depression ANS: B REF: 63 31 The principal historic event shaping the 1866 Texas Constitution was a joining the southern Confederacy b reinstatement in the American federal Union after the Civil War c seeking independence d state division ANS: B REF: 63 32 The 1866 Texas Constitution extended to African Americans the right to a vote c sue b hold public office d testify against whites ANS: C REF: 63 33 The principal historic event surrounding the Texas Constitution of 1869 was a joining the southern Confederacy c independence b meeting the demands of Reconstruction d Jacksonian democracy ANS: B REF: 63 34 The Reconstruction governor of Texas who was unpopular with former slave owners was a Oran Milo Roberts c “Oxcart” John M Ireland b Richard Coke d Edmond J Davis ANS: D REF: 64 35 The U.S Constitution forbids states from denying anyone equal protection under a b c d the national supremacy clause the 14th Amendment to the U.S Constitution Article I, Section 10 the full faith and credit clause ANS: B REF: 53 36 The United States Constitution a codifies the reserved powers of the states b provides a list of state powers c leaves the reserved powers of the states undefined d specifies all of the reserved powers of the states ANS: C REF: 57 37 Some of the factors that led Texas to declare independence from Mexico include a Anglo attitudes of white racial supremacy and Mexico’s abolition of slavery b the desire of Anglo settlers to abolish slavery and create a free state c the victory of Texas settlers at the Alamo and their defeat at San Jacinto d none of these ANS: A REF: 62 38 Many historians claim that the war between Mexico and the United States (1846–1848) was a a war for freedom and justice for all b supported by the Republicans and not the Democrats c started by Jim Bowie d started by U.S expansionist politicians and business interests ANS: C REF: 63 39 According to Patrick G Williams and Barry A Crouch, the negativity against E.J Davis is the result of a b c d negative reactions by former slave-owning Texans toward the freedom of black slaves the Anglo defeat at the Alamo T.R Fehrenbach’s negative characterization of slaves Governor Davis’ support of slavery and the Confederacy ANS: A REF: 65 40 In part, in order to dismantle the Reconstruction efforts of Governor E.J Davis, the authors of the 1876 Texas Constitution a ended segregation in Texas b disallowed taxpayers the right to vote on local bond issues c reinstated racial segregation in public education d allowed blacks to attend all white schools ANS: C REF: 65 41 A Texas case that involved religious freedom and was struck down by the Supreme Court involved a a Ten Commandments monument placed on the Texas Capitol grounds b school prayer before a football game c prayer at the beginning of city council meetings d the burning of the American flag ANS: B REF: 76 42 Texas and _ are the only two states in the country that have two _, one for civil cases and one for criminal cases a Alabama; criminal courts c Louisiana ; Supreme Courts b Oklahoma; civil courts ANS: D d Oklahoma ;Supreme Courts REF: 79 43 According to the text, Texas has had _ constitutions a six c five b seven d seventeen ANS: B REF: 62| 63| 64| 65| 66| 67 44 Texas banned same-sex marriage and was among the first to a define marriage as “the union of one man and one woman.” b regulate gay marriages in cities c define marriage as a civil union d hold that out of state same-sex marriages were legal ANS: A REF: 56 45 Governor Rick Perry, in opposing federal stimulus funds from the Obama Administration hinted a at withdrawing from the Confederacy b at seceding from the Union c at joining the Daughters of the Republic of Texas d at the possibility of withdrawing Obama from the next presidential ticket ANS: B REF: 60 46 Mexico gained its independence from Spain in a 1824 c 1845 b 1836 d 1821 ANS: D REF: 62 47 Texas’s first experience with a state constitution occurred in a 1827 c 1824 b 1836 d 1845 ANS: A REF: 62 48 The first President of Texas under the republic was a Santa Anna b Sam Houston ANS: B c E.J Davis d Mirabeau Lamar REF: 62 49 The 1869 Texas Constitution is best characterized by which statement? a It was well written b It concentrated power in the counties c It centralized power d It made probable a corrupt administration of the Texas government ANS: C REF: 63 50 The Texas Grange a dominated the Convention of 1868, which wrote the 1869 constitution b advocated large public subsidies to railways c supported a broad conception of African American political, economic, and social equality d advocated “retrenchment and reform”—a weak and cheap government ANS: D REF: 65 51 Political control of the 1875 Texas Constitutional Convention was in the hands of a the Grange b the Republican Party c representatives of the interests of banking and railway corporations d supporters of the centralization of authority at the state level and the weakening of the counties ANS: A REF: 65 52 Which of the following provisions is found in the 1876 Constitution and could be characterized as a reaction against Reconstruction? a Requiring a system of voter registration b Four-year terms for elected officials c An appointive judiciary d Repeal of compulsory school attendance laws and reinstatement of white racist segregation in public schools ANS: D REF: 65 53 A good description of the 1876 Texas Constitution would be that it is a lengthy, confusing, and badly written b brief and tightly organized c easily understood by the average citizen d so badly written that Texas courts regularly ignore it ANS: A REF: 66 54 Because of the prevailing political philosophy among delegates in 1875, the Texas government may exercise a any power it chooses b any power so long as it is not prohibited by the Texas Constitution c only those powers specified in the Texas Constitution d only powers defined by the Texas Supreme Court ANS: C REF: 65 55 Most constitutional amendments in Texas a were pushed through by special interest groups b were surrounded by controversy c were necessary because state government could not meet a need d deal with economic issues ANS: C REF: 66 56 Two amendments adopted in 1999 and 2001 authorized a the elimination of obsolete wording from the Constitution b counties to adopt home rule charters c the governor to use the National Guard to block illegal immigrants d the recall of unpopular elected officials ANS: A REF: 74 57 The governor’s role in the constitutional amendment process a is to initiate the proposal b includes the ability to veto the legislative proposal c is limited to the ability to use personal influence to sway the outcome d is to set the date of the election ANS: C REF: 66 58 Constitutional amendments are voted on in elections called by a the legislature c the secretary of state b the governor d the Texas election commissioner ANS: A REF: 69 59 The 1974 Constitutional Convention was hampered chiefly by a the absence of strong political leadership c an uncertain mission b public apathy d lack of sufficient funds ANS: A REF: 72 60 The issue which derailed the 1974 Constitutional Convention was a welfare funding b open beaches c right-to-work provisions d repeal of separate property laws for married women ANS: C REF: 72 61 “Right-to-work” means a everyone is entitled to a state job b the prohibition of union organizing activities c the prohibition of any labor contract requiring all employees of a company to be members of a labor union—i.e., the prohibition of a union shop d requirements of “reasonable accommodations” for disabled workers ANS: C REF: 72 62 The constitution submitted by the legislature in April 1975 to the voters was a twice as long as the 1876 Constitution b essentially the constitution that had failed by three votes in the convention the previous year c essentially the 1876 Constitution, though it was better organized and shorter d an unworkable document ANS: B REF: 73 63 The special election of 1975 on the proposed Texas Constitution resulted in a overwhelming voter approval for the document b a 62 percent turnout of registered voters defeating the proposed constitution c defeat of all eight submissions with a low turnout d approval of four of the eight submissions and defeat of the other four ANS: C REF: 73 64 What type of election would allow voters to overturn a law passed by the legislature? a devolution c initiative b recall d referendum ANS: D REF: 73 65 The principal means by which constitutional change has occurred in Texas since 1876 is a judicial interpretation c custom and usage b legislative interpretation d constitutional amendment ANS: D REF: 72 66 The process for amending the Texas Constitution is a proposal by a two-thirds vote of the membership of both houses of the legislature and ratification by two-thirds popular vote b three-fifths vote of the membership of each house of the legislature and ratification by a simple majority of voters c two-thirds vote of the membership of each house of the legislature and ratification by a simple majority of all registered voters d two-thirds of the membership of each house of the legislature and ratification by a simple majority of voters casting ballots on the amendment ANS: D REF: 75 67 Initiative elections a seek to reduce popular control over the constitution b seek to enhance popular control over the constitution c were an integral part of the original 1876 Constitution but have never been used d have never enjoyed political support in Texas ANS: B REF: 71 68 The Texas Bill of Rights a is shorter than that in the federal Constitution b contains a lower level of protection than does the federal Constitution c has been deleted from the Texas Constitution because most rights are now federally protected d contains a provision guaranteeing equal rights to women—something not found in the federal Constitution ANS: D REF: 77 69 Separation of powers a is not found in the Texas Constitution b means a bicameral legislature c places the lawmaking, law-enforcing, and law-interpreting powers in distinct departments of government d has been rejected by American constitutional theory, though it is still found in the British unwritten constitution ANS: C REF: 78 70 Which Texas senator advocated constitutional revision in 1995? a John Montford of Lubbock c Bill Ratliff of Mount Pleasant b Bob Craddock of Midland d Rob Junell of San Angelo ANS: A REF: 73 71 Voter turnout for amendments a may reach 50 percent if there is enough controversy b is always around 40 to 50 percent c is low if it is not an economic issue d is always low ANS: D REF: 74 72 According to the textbook, the most disorganized segment of the Texas Constitution is that relating to a the Legislature—Article III b voting—Article VI c revenue and taxation—Article VIII d local government—scattered through Articles III, V, VII, IX, XI, and XVI ANS: D REF: 79 73 In the American federal system, state constitutions are a subject to the U.S Constitution b subject to local law c provided for in Article VIII of the U.S Constitution d independent of both state and federal authority ANS: A REF: 52 74 According to Jose Roberto Juarez, Jr., an overlooked reason for Texans to revolt against Mexico was a land reform c language differences b unfair taxation d ownership of water rights ANS: C REF: 86 ESSAY Discuss the current constitution of Texas Define its strengths and weaknesses Why is revision so difficult? ANS: Student answers may vary Trace the history of constitutional development in Texas from 1827 to 1876 Be certain to include in your discussion each of the constitutions and the historic events that surrounded writing them Had you been a delegate to Austin in 1875, would you have voted for or against the various restrictions placed on the government by that convention? Why? ANS: Student answers may vary 3 Trace the constitutional revision effort from 1971–1975 Pay particular attention to why the process failed In your judgment, does Texas need a new constitution? Why or why not? ANS: Student answers may vary What is meant by initiative and referendum? What are its advantages and disadvantages? Do you support or oppose it? Give an illustration of what would be a beneficial/disastrous result if you had your way and Texas adopted/failed to adopt initiative and referendum ANS: Student answers may vary  ... a Texas recognizes a Louisiana marriage b Texas returns a fugitive from Oklahoma c Texas charges out-of-state tuition for a citizen of North Carolina attending a public college in Texas d Texas. .. United States ANS: A REF: 53 11 Texas may divide into as many as five states under the terms of a the Texas constitution b the congressional resolution admitting Texas into the Union c Article... modeled on that of Mexico b Texas s first state constitution c the governing instrument for the Republic of Texas that legalized slavery d unwritten ANS: C REF: 62 28 Texas joined the American