While over 92% of applicants pass the civics portion of the citizenship test on their first attempt according to USCIS data, certain questions trip up more people than others. Understanding which topics cause the most errors can help you focus your study time where it matters most.

Frequently Missed Questions

Question: What is the "rule of law"?
Incorrect Answer: The Constitution

The Constitution is the supreme law, but the "rule of law" means everyone must follow the law. Any of the following answers are acceptable:

  • Everyone must follow the law
  • Leaders must obey the law
  • Government must obey the law
  • No one is above the law


Question: Who makes federal laws?
Incorrect Answer: The President

The President signs bills into law, but Congress makes federal laws.


Question: The Federalist Papers supported the passage of the U.S. Constitution. Name one of the writers.
Incorrect Answer: Thomas Jefferson

This is a common mix-up. Thomas Jefferson wrote the Declaration of Independence, not the Federalist Papers. Any of the following answers are acceptable:

  • James Madison
  • Alexander Hamilton
  • John Jay
  • Publius

Numbers You Need to Memorize

Many civics questions ask you to remember specific numbers. Below are some of the most important ones to memorize, along with which test version they appear in.

  • 435 voting members in the House of Representatives (both versions)
  • 100 Senators, 2 per state (both versions)
  • 27 amendments to the Constitution (both versions)
  • 9 seats on the Supreme Court (both versions)
  • 5 justices needed to decide a Supreme Court case (2025 version only)

How to Avoid These Common Mistakes

The most effective way to avoid common mistakes is to spend extra time reviewing the questions that tend to trip people up and practice answering them out loud, just as you would in a real interview. Citizenry offers a curated list of the Top 25 most frequently missed questions for each test version, based on real mock interview data, complete with helpful tips and memory tricks for every question.

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