Civics EOC Tutorials
The Three Branches of Government as Established in the U.S. Constitution: Practice Questions
(Explain your answer in the space next to each question.)
1. Which part of the U.S. Constitution outlines legislative power?
a. First Amendment
b. Bill of rights
c. Preamble
d. Article I
2. The passage below is from a speech by President George W. Bush, March 19, 2003.
On my orders, coalition forces have begun striking selected targets of military importance to undermine Saddam
Hussein’s ability to wage war. These are the opening stages of what will be a broad and concerted campaign.
What constitutional power justifies the actions described in the passage?
a. Commander-in-Chief
b. Head of State
c. Chief Legislator
d. Chief Regulator
3. The following passage is from McCulloch v. Maryland (1819).
If…such be the mandate of the Constitution, we have only to obey; but that instrument does not profess to enumerate the
means by which the powers it confers may be executed…
Which constitutional provision does this decision support?
a. commerce clause
b. judicial review
c. habeas corpus
d. elastic clause
4. Which list includes roles of the president?
a. Chief Justice, Commander in Chief
b. Commander in Chief, Chief Executive
c. President pro tempore, Chief Executive
d. Speaker of the House, Chief Justice
5. The statement below is from a congressional document, July 27, 1974.
Richard M. Nixon has acted in a manner contrary to his trust as President and subversive of constitutional government,
to the great prejudice of the cause of law and justice, and to the manifest injury of the people of the United States.
How have similar statements influenced modern congressional actions?
a. presidential impeachment
b. presidential nomination
c. presidential election
d. presidential veto
6. The newspaper headline below describes an event in U.S. History.
Daily News
August 4, 2006
CYBERCRIME TREATY APPROVED
What parts of the national government participated in the process described in this newspaper headline?
a. Senate and President
b. Supreme Court and President
c. House of Representatives and Senate
d. Supreme Court and House of Representatives
7. Which of the following is an expressed power of the U.S. Congress?
a. Pass a bill to fund the printing of postage stamps for the U.S. Post Office
b. Appoint an ambassador to the U.S. Embassy in Paris, France
c. Declare war against a foreign country
d. Review cases decided by the U.S. Supreme Court to determine their constitutionality
Civics EOC Tutorials – The Three Branches of Government as Established in the U.S. Constitution: Notes
Article I: The Legislative Branch
 Created Congress: the legislative (law-making) branch of the federal government
 Congress is divided into 2 chambers (parts): the Senate, and the House of Representatives
Expressed (Written) Powers of Congress
o Create taxes (tax bills start in the House of Reps.)
o Coin and print money
o Regulate commerce w/ foreign nations, between states o Senate: approve presidential nominations and treaties
o Establish naturalization laws and post offices
o Make laws that are “necessary and proper” for
o Create courts (other than the U.S. Supreme Court)
executing expressed powers; called implied powers;
o Create and fund military forces
also known as the elastic clause (government
o Declare war against another country
stretches its power to do the job it needs to do)
Checks over Executive Branch
 Impeach (House) and convict (Senate) executive branch officials (president, vice-president, department heads, etc.)
 Override presidential veto with 2/3 majority vote (both houses)
 Senate: can reject presidential appointments; can refuse to approve treaties
 Pass an Amendment (which president cannot veto)
Checks over Judicial Branch
 Impeach and convict judges
 Can reject appointment of judges
 Can pass an Amendment (which cannot be ruled unconstitutional)
The Senate (“upper” house)
 Each state has 2 senators (total = 100)
 Senators are elected every 6 years (1/3 every 2 years, in 3 “classes”)
 To run for the Senate: 30 years old, citizen of the U.S. for nine years, resident of the state elected in
 The Vice-President of the U.S. is the “President” of the Senate; he votes only to break a tie
 When the Vice-President is not present, the “President pro-tempore” is in charge
House of Representatives (“lower” house)
 Each state has a number of representatives based on its population; all get at least 1 (current total = 435)
 All representatives are elected every 2 years
 To run for the House: at least 25 years old, citizen of the U.S. for 7 years, resident of the state and district elected in
 The leader of the House is called the “Speaker”
Article II – The Executive Branch
 Created the offices of President and Vice-President: the executive (law-enforcing) branch of the federal government
Executive Branch Roles/Powers
o
The President is… Chief Executive: carries out the nation’s laws; appoints heads of executive branch agencies;
Chief Diplomat: signs treaties with foreign countries (with the approval of the Senate); Head of State: receives foreign
leaders, presides over official government ceremonies; Commander in Chief: leads the nation’s armed forces; Legislative
Leader: proposes new laws to Congress; Economic Leader: creates the federal government’s budget, encourages American
business growth; Party Leader: Assists fellow part members who are trying to get elected or reelected
Check over Legislative Branch
Check over Judicial Branch
 Vetoes (forbids) laws passed by Congress
 Appoints federal judges (w/ the approval of Senate)
The President
 Elected every 4 years; 22nd Amendment states that a President can serve for two terms (8 years total)
 To run for President: must be a natural-born citizen, at least 35 years old, and a resident of the U.S. for 14 years
The Vice President
 Elected with the President (12th Amendment); To run for V.P. you must have the same qualifications as President
 If the President resigns, dies, or becomes incapable of performing their duties, the V.P. becomes President
Article III – The Judicial Branch
 Created the U.S. Supreme Court: the judicial (law-interpreting) branch of the federal government
 Other “inferior” federal courts are created by Congress
U.S. Supreme Court’s Powers
o Final appellate court
o Judicial Review (established by the Judiciary Act of 1789 and in Marbury v. Madison): review acts of Congress, the
President, and the states to determine their constitutionality
o Can hear cases that: Involve the United States as a party; Involve state vs. state conflicts; Involve ambassadors
Check over Legislative Branch
Check over Executive Branch
 Can declare acts of Congress unconstitutional
 Can presidential acts to be unconstitutional
The Supreme Court
 Made up of nine “Justices” (judges); 1 “Chief” leads the Court w/ 8 “Associate” Justices (# can change by law)
 To be a justice: you must be appointed by the President, and confirmed by a majority vote in the Senate
 Justices serve for life (as long as they do not break the law)