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CPN 100 Test
General
The first amendment states
Congress shall pass no law respecting an establishment of religion, or prohibiting the free exercise thereof
Congress shall ensure that all public schools in the US teach all subjects from an agnostic and humanistic point of view
No government activity in the US shall in any way prefer one religion to another, nor shall religious speech be allowed in legislative forums
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The second amendment states
The House of Representatives shall have the sole power to regulate the availability of Arms
The right of the people to keep and bear Arms shall not be infringed
The right to keep and bear Arms shall be regulated by Congress
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The second amendment
Prohibits the national government from limiting the right the right to carry weapons
This amendment was adopted so that Congress could not disarm a state militia
Both of the above
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The third amendment grew directly out of a complaint of the British, who forced people to take soldiers into their homes and states, 'No soldier shall, in time of peace be quartered in house'
Without the consent of the owner
Nor in time of war, but in a manner to be prescribed by law.
Both of the above
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The fourth amendment says no warrant for search and seizure shall be issued but upon
Probable cause supported by an oath or affirmation
Probable cause
Probable cause and an anonymous tip
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The fifth amendment forbids
The government to take a person's property for public use without fair payment
The government's right to take property for public use is called eminent domain. Governments use Eminent domain to acquire land for highways, schools and other public facilities
Both of the above
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The sixth amendment guarantees
The right to a speedy jury trial
The right to legal counsel
Both of the above
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What God given inalienable rights are we guaranteed in the fifth and sixth amendments?
An accused person cannot be forced to testify against himself or herself
A person cannot be tried twice for the same crime
Both of the above
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The tenth amendment says that powers not given (delegated) to Congress and not forbidden to the states are
Given to the Supreme Court
Reserved or belong to the states
Given to the President and the executive branch
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Which amendment gives citizens the right to disagree with and criticize members of Congress and the President?
The first amendment
The second amendment
The fifth amendment
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Which amendment gives Americans the right to practice any religion they choose, or no religion at all
The first amendment
The second amendment
The fourth amendment
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The first 10 amendments to the Constitution are called
The Articles
The Bill of Rights
The Preamble
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Additional Amendments
The Doctrine of Interposition says
A state, in the exercise of its sovereignty, may reject a mandate of the federal government deemed to be unconstitutional, or
to exceed the power delegated to the federal government
Both of the above
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The sixteenth amendment gives the power to levy and collect taxes to
Congress
The executive branch
The Internal Revenue Service
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The seventeenth amendment changed the way US Senators were elected. Now they are elected by a vote of the people in their state. How were they originally elected?
They were appointed by the President of the US
They were chosen by the legislature of each state
They were appointed by the Governor of each state
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Portions of two Constitutional amendments could be used to make abortion illegal. Which are they?
1
st
& 15
th
5
th
& 14
th
3
rd
& 6th
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Who was the person responsible for drafting the amendments to the Constitution that are known as the 'Bill of Rights?'
Thomas Jefferson
James Madison
Samuel Adams
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It is unconstitutional for the federal government to create any new powers not expressly contained in the Constitution because of
The 10
th
Amendment and Article IV, Section 2, paragraph 1
The overall message of the Declaration of Independence
The Gettysburg Address
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Amendments are ratified by
' of the state legislatures, or by ratifying conventions in ' of the states
Both Houses of Congress
The supreme Court
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Articles
Articles I, II and III divide the power of the federal government into three branches. This principle is called
Power of the people
Separation of powers
Concurrent powers
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What are the three branches of American government called
The Senate, the House, and the Supreme Court
The preamble, the articles, and the amendments
The legislative, the executive, and the judicial
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Article I establishes the Legislative branch
It creates Congress to make laws and divides it into a Senate and a House of Representatives
Through the years Congress has created various federal agencies to make regulations and put its policies into practice. Such agencies include the Federal Trade Commission and the Interstate Commerce Commission
Both of the above
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Article I requires the Congress to meet
At least once a year
At least once a month
Monday through Friday for 26 weeks each year
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According to the Constitution, how can the President make law?
He can't. The President has no law making powers
By Executive Order
By directing the activities of the heads of government agencies like the IRS and the FDA
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Roe v. Wade is
The law of the land
A Supreme Court decision binding on at most, the parties in the case
The court decision which made it illegal to ban abortions in the US
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Article I, Section 7 states
All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills
Since the adoption of the 17
th
Amendment this rule has little importance because the people elect both the Senate and the House. In addition, the Senate can amend a tax bill to such an extinct that it rewrites the whole measure.
Both of the above
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A bill passed by Congress goes to the President for the President's signature
If the President disapproves the bill, it must be returned to Congress with a statement of the objections within 10 days, not including Sundays. This action is called a veto.
Congress can pass a law over the President's veto by a two-thirds vote of each house of those members present. The President can also let a bill become law without signing it merely by letting 10 days pass.
Both of the above
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Article II establishes the Executive branch
It sets up the presidency and vice presidency to carry out or execute laws
It sets election rules, powers of the president and how to impeach
Both of the above
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Article III, Sections 1 & 2 give Congress the authority to
Establish all federal courts, other than the Supreme Court
Decide what types of cases they should hear and abolish them if they are not properly carrying out their duties
Both of the above
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According to Article III, Section 1 who has the power to ordain and establish the lower federal courts?
The US Department of Justice
The Congress
The Supreme Court
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Article IV establishes the States
It creates rules for states to get along with other states
It provides guarantees to states and admits them to the Union
Both of the above
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Article IV, Section 4 protects each state against
Invasion
Bad Presidents
Lawsuits brought against them by other states
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What is the only way for the US Constitution to be amended?
By Constitutional Convention (Article V)
By Congress and the States
Both of the Above
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Article VI establishes the Supreme Law of the Land
The Constitution is given the authority as the highest law of the land
Binds the judges in every state to its rulings
Both of the above
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Why is it unconstitutional to consider Court Decisions the 'law of the land' (i.e. Roe v. Wade)?
The Bill of Rights
Articles III & VI
The Monroe Doctrine
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Article VII ratifies the Constitution
The Constitution became effective when 9 of the 13 states approved it
This took place on September 17, 1787
Both of the above
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General Information
How long do the US Supreme Court Justices serve?
As long as they maintain good behavior
10 years
Lifetime
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How can the Constitution be changed?
A Congressional vote of at least two-thirds, or two-thirds of the state legislatures ask Congress to call a national convention to propose amendments. (This version has never been used.)
An amendment
A Supreme Court ruling
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What form of government is guaranteed to each state?
democratic
republican
constitutional
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Where does the Constitution give the Federal Government the authority to be involved in education?
Article 1, Section 8 says 'The Congress shall have power ' to establish a Dept. of Education to promote the betterment of US citizens and industry.'
Nowhere
Executive Orders allow the President to establish Federal guidelines for education.
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Where is the phrase 'wall of separation between Church and State' appear?
The Declaration of Independence
The Bill of Rights
Nowhere
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What is 'ex post facto law?'
The set of legal regulations which deal with the operations of the US Post Office
A law passed after the occurrence of an event or action which retrospectively changes the legal consequences of the event or action
The Constitutional protection against being tried for the same crime twice, otherwise known as double jeopardy
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Many people think the main reason the colonies wanted to separate from England was because of 'Taxation without Representation,' but the truth is
The colonies listed 27 reasons for the break, with 'imposing taxes on us without our consent' ranking 17
th
on the list
Personal liberty was the overarching reason
Both of the above
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According to the US Constitution
The
Federal System
divides the power between the central government and the States by saying, 'The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.' (10
th
Amendment)
The Courts have the final say-so because 'the Constitution only means what they say it means.'
There is no ultimate division of power because the States are subservient to the federal government.
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The Separation of Powers -- The Framers assumed jealousy among the executive, legislative and judicial branches of the central government would motivate each to restrain the other's natural instinct to overreach its power.
Today, however, all three have joined forces to overreach their respective powers.
This is why Congress has never exercised its power to curtail the jurisdiction of the Supreme Court decisions which have clearly been unconstitutional.
Both of the above.
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The word 'sovereignty' is found in both the Declaration of Independence and the Constitution. What does it mean?
A government gets its power from its people
Checks and balances are always needed in governments
All people are created equal
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Reserved powers are
Powers that may be used only in a national emergency
Powers that state governments may use if the powers are not given to the national government and are not forbidden to the states
Given to both the national and state governments
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The US Constitution is
A contract between and among the States establishing a central government and delegates specific
enumerated powers
to the civil government*
A 'guideline' providing a suggested outline of how civil government might function
Neither of the above
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The original intent of the US Constitution was to make America
A government of law, where the Constitution means what it says
A government of men, where the Constitution means what the Courts say it means
Neither of the above
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The Electoral College votes of each state
Are divided between the two candidates who received the most popular votes
All go to the candidate who received the most popular votes
Are unimportant in electing the President
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What happens if no presidential candidate receives a majority of Electoral College votes
The House of Representatives selects the president from the three candidates who received the most Electoral College votes
The President is chosen by the Supreme Court
The Speaker of the House becomes the President
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According to the Constitution, only the national government has the power to
Create schools
Print money
Collect taxes
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Congress has the power to
Declare war
Appoint Supreme Court Justices
Veto laws
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What are the three types of federal courts
State courts, county courts and city courts
Misdemeanor courts, felony courts and traffic courts
The Supreme Court, Courts of Appeals and District Courts
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Federal judges serve
For life unless they are impeached
For four years and then must run for reelection
For six years and then must be reappointed
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The President is not elected directly by the people. Instead, the President is elected by the
Democratic Party
Electoral College
Governors of the states
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Federal judges are
Appointed by the President and approved by the Senate
by Congress
Chosen by other federal judges
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In the US Constitution the phrase 'limited powers' means
'We the people' are limited in our say-so regarding Supreme Court decisions.
Neither the President nor Judges has any original power of their own, but only such as is spelled out '(enumerated') in the Constitution.
The powers derived from
the people
are only those powers actually delegated in the Constitution.
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To be eligible to run for President, a person must be a natural born citizen of the United States and
Be 35 years old and lived in the US for at least 14 years
Be 30 years old and lived in the US for 20 years
Be male, be 35 years old and lived in the US for at least 14 years
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The Marbury v. Madison case, in 1803 set the precedent for judicial review of Federal laws (with reviews of State laws coming later). The march toward Judicial Dictatorship can be traced to that first step.
The history of the case shows that the Supreme Court did not have jurisdiction over the question and that Chief Justice John Marshall ruled in order to exclude the Executive and Legislative branches of any authority to make declarations of unconstitutionality.
Marbury v. Madison should be recognized as the sham it is and should be overturned.
Both of the above.
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The President cannot
Declare war
Appoint Cabinet members
Make treaties with other countries
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Ever since the Constitution was written the civil government, along with its power over our lives, has grown because
That's what people have preferred
Americans have lost the understanding of God's sovereignty
Neither of the above
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Among the requirements to become naturalized, a person must
Be at least 18 years old and lived in the US as a legal resident for at least five years
Have a basic knowledge and understanding of the history, government structure and the Constitution of the US and be willing to take an oath of allegiance to the US
Both of the above
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The Oath of Citizenship states
I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic;
I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen
Both of the above
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Declaration of Independence
The Declaration of Independence states that a government gets its power from
The Congress
The people
The President
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Who wrote most of the Declaration of Independence?
Thomas Jefferson
James Madison
Benjamin Franklin
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The Declaration of Independence
Signifies the colonies' break from England and the rule of George III
Was accepted by Congress on July 4, 1776, which is why we celebrate July 4 as Independence Day
Both of the above
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Why was the Declaration of Independence written?
To set up a new form of government in the colonies
To declare that the colonists wanted to be free of England and explain why
To ask England to treat the colonies more fairly
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The Declaration of Independence states, 'Whenever any Form of Government becomes destructive of these ends, it is the Right of the People to ''
Submit to and obey the elected representatives
To alter and abolish it and to institute new Government
To have a recall election
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The Declaration of Independence states all men are endowed by ____________ with certain unalienable rights
The Federal government
The Constitution
Their Creator
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The last sentence of the Declaration of Independence states: 'And for the support of this Declaration, with a firm Reliance on the _____________, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.'
Will of the inhabitants of the thirteen colonies towards self-determination
Protection and divine providence
Ability of George Washington, the commander of the continental army
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Alabama State Constitution
The Alabama Constitution was adopted in
1901
1875
1819
Check Answer
The Alabama Constitution
287 Sections
742 Amendments
Both of the above
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If the Governor dies or is unable to act as governor, the position is filled by
The Lieutenant Governor
The Secretary of State
The Attorney General
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How many members does the State Legislature have
140: 105 members of the House and 35 members of the Senate
150: 75 members of the House and 75 members of the senate
160: 100 members of the House and 60 members of the Senate
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How are the federal court system and the Alabama court system similar?
Both have one supreme court
Both have courts which hear appeals from lower courts
Both of the above
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To be eligible for the office of state Senator
A person must be at least 25 years of age; be a qualified voter
Be a resident citizen of Alabama for three years and lived in their respective counties or districts at least one year immediately preceding their election
Both of the above
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To be eligible for the office of Representative
A person must be at least 21 years of age; be a qualified voter
Be a resident citizen of Alabama for three years and lived in their respective counties or districts at least one year immediately preceding their election
Both of the above
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Members of the Legislature serve terms of
Two years
Four years
Six years
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The Legislature convenes in regular annual sessions on the first Tuesday in February, except
In the first year of the four-year term, when the session will begin on the first Tuesday in March, and in the last year of a four-year term, when the session will begin on the second Tuesday in January.
The length of the regular session is limited to 30 meeting days within a period of 105 calendar days. There are usually two meeting or 'legislative' days per week, with other days devoted to committee meetings.
Both of the above
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Special Sessions of the Legislature may be called by the Governor
With a proclamation listing the subjects which the Governor wishes considered
These sessions are limited to 12 legislative days within a 30 calendar day span. Bills may be enacted only on those subjects which the Governor announces in his proclamation. Anything not in the 'call' requires a two-thirds vote of each house to be enacted.
Both of the above
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The Constitution provides that no law shall be passed except by a bill, which is a proposed law written out in the proper form.
When approved by the legislative body and the Governor, the bill becomes an act.
Bills may be introduced in either house, with one limitation ' bills which increase or decrease revenue must originate in the House of Representatives
Both of the above
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All legislative bodies operate mainly through committees.
No bill may be referred to, acted upon by, and returned from, a standing committee in each house.
Reference to committee immediately follows the first reading of the bill. Bills are referred to committees by the Lieutenant Governor and the President Pro Tempore in the Senate, and by the Speaker in the House of Representatives
Both of the above
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If the Governor vetoes a bill the Legislature can override the Governor's veto by
A unanimous vote of the Legislature
A majority of the members
Two-thirds vote
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A great deal of legislative work is performed by interim committees between the sessions of the Legislature
Interim Committees are composed of members of both houses.
They meet to consider special problems that the Legislature thinks should be studied carefully before a bill is drafted for introduction
Both of the above
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Any bill, which affects state funding more than $1,000, involving expenditure or collection of revenue must have a fiscal note
Fiscal Notes are prepared by the Legislative Fiscal Office and signed by the chairman of the committee reporting the bill
They must contain projected increases or decreases to state revenue in the event the bill becomes law
Both of the above
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Alabama is one of the states in which the Governor has the power to accept or reject any particular item of an appropriation bill without vetoing the entire bill
In this event, only the vetoed item of the appropriation bill is returned to the house of origin for reconsideration by the Legislature
The remainder of the bill becomes law
Both of the above
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The Preamble of Alabama's Constitution states
We, the people of the State of Alabama, in order to establish justice, insure domestic tranquility, and secure the blessings of liberty to ourselves and our posterity, invoking the favor and guidance of Almighty God,
do ordain and establish the following Constitution and form of government for the State of Alabama.
Both of the above
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Section 1 states
All men are equally free and independent; that they are endowed by their Creator with certain inalienable rights;
that among these are life, liberty and the pursuit of happiness.
Both of the above
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Section 23 clarifies the right of Eminent Domain
' nor shall private property be taken for private use, or for the use of corporations, other than municipal, without the consent of the owner '
but just compensation shall, in all cases, be first made to the owner
Both of the above
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Section 35 states
The sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty, and property,
and when the government assumes other functions it is usurpation and oppression.
Both of the above
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Section 43 states
' to that end it may be a government of laws and not of men
Judges are free to add their own interpretation to written laws
Neither of the above
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Amendment 622, the Alabama Religious Freedom Amendment states
Federal and state laws 'neutral' toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise
Governments should not burden religious exercise without compelling justification
Both of the above
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Section 155 sets the terms of office of supreme court justices, chancellors and judges of circuit and probate
Courts
Four years
Six years
Life
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To be eligible to vote
No person convicted of a felony or who is mentally incompetent, shall be qualified to vote until restoration of civil and political rights or removal of disability
Only people who can read, write and understand and explain any article of the Constitution of the US
Only those persons who can read, write speak English
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Amendment 579 sets the voting age of qualified voters to be
twenty one
eighteen
sixteen
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Section 211 specifies property taxes
To be assessed in exact proportion to the value of the property
Shall be taxed at an inflated value, if necessary to balance the budget of the local or state municipality
Neither of the above
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Amendment 555 clarifies how to Amend the Constitution
Any proposed constitutional amendment which affects or applies to only one county shall be adopted as a valid part of the constitution by a favorable vote of a majority of the qualified electors of the affected county who vote on the amendment.
The proposed amendment shall first be approved by at least a three-fifths vote of the elected members of each house of the Legislature with no dissenting vote case and approved by a majority bote of the Local Constitutional Amendment Commission. Should there be at least one dissenting vote from the Legislature the amendment shall be treated as a statewide amendment
Both of the above
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Section 285 sets the requirement for the wording of proposed amendments on the ballots
The substance or subject matter of the amendment shall be clearly indicated
Following each proposed amendment shall be printed the word 'Yes' and 'No,' and no amendment shall be adopted unless it receives the affirmative vote of a majority of all the qualified electors who vote at such an election
Both of the above
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Section 286 describes the process of altering or amending the Constitution
The act or resolution must first be passed by a majority of citizens voting for such an amendment or alteration
A majority of all the members elected to each house has to pass a resolution calling for a convention before submitting for a statewide vote
Neither of the above
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