QUESTIONS AND CORRECT ANSWERS
Question:
1. Supremacy Clause
Answer:
Federal law is supreme over state law (Specifically the US Constitution, Treaties & Federal Laws are
supreme over state laws and state constitutions.)
Question:
2. The Necessary & Proper Clause
Answer:
This is the clause essentially allows for implied powers by expanding the power of Congress beyond it's
enumerated/expressed ones, to also include other powers that are related to expressed/enumerated powers
and might assist Congress in carrying out the expressed/enumerated ones.
Question:
3. Commerce Clause
Answer:
Congress can regulate trade between nations, between states and among Indian tribes
Question:
4. Due Process Clause (14th Amendment)
Answer:
State governments must observe fair procedures when they deny a person life , liberty, or property. (clause
used to incorporate many of the Bill of Rights protections to the States)
Question:
5. Due Process Clause (5th Amendment)
Answer:
The national government must observe fair procedures when it denies a person life, liberty, or property
Question:
6. Elastic Clause
Answer:
Congress can exercise powers not specifically stated in the Constitution if those powers are "necessary and
proper" for carrying out its expressed powers that are specifically stated
Question:
7. Free Exercise Clause
Answer:
Congress cannot pass laws that ban freedom of worship (this applies to belief and to practice up to a point)
Question:
8. Ex Post Facto Clause
,Answer:
Congress cannot pass a law that punishes a person retroactively i.e. after the fact. In other words, a person
cannot be punished for something he/she did that was not a crime when committed
Question:
9. Reserved Power Clause
Answer:
Any power that is not granted to the national government, or denied to the states, automatically reverts to
the states (the 10th Amendment!!!!)
Question:
10. Full Faith and Credit Clause
Answer:
A state must recognize the validity of the public acts, records and court decisions of other states. For
example, a state must recognize as valid the birth certificate issued by another state
Question:
11. Bill of Attainder Clause
Answer:
Congress cannot pass a law that singles out a person or group for punishment without trial
Question:
12. Establishment Clause
Answer:
Congress cannot establish an "official" religion (nor push or promote religion, or elevate one religion over
another) creating, in effect, the separation of church and state (1st Amendment)
Question:
13. Suspension Clause / Habeas Corpus Clause
Answer:
"The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or
invasion the public safety may require it." -- A writ of habeas corpus is an order by a court requiring the
person holding a prisoner to demonstrate a legal basis for continuing to hold the prisoner.
Question:
14. Search and Seizure Clause
Answer:
This is a protection against unreasonable search and seizure. found in the 4th Amendment. The authorities
do not have a general power to search and arrest individuals at any time, at any place and in any manner,
rather they can only do so according to specified procedures that must be "reasonable"
Question:
15. Takings Clause (Eminent Domain)
Answer:
Government can take private property for a public purpose, but it must provide fair compensation to the
owners of that property (located in the 5th Amendment, it restricts the government's power of eminent
domain)
,Question:
16. Marbury v. Madison (1803)
Answer:
Established judicial review (the right to judge the constitutionality of laws)-under John Marshall, the 4th
Chief Justice (a Federalist who worked to increase the powers of the federal government over states)
Question:
17. McCulloch v. Maryland (1819)
Answer:
The Supreme Court upheld the power of the national government and denied the right of a state to tax the
federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary
and proper clause paved the way for later rulings upholding expansive federal powers
Question:
18. Brown v. Board of Education (1954)
Answer:
The Supreme Court overruled Plessy v. Ferguson and declared that racially segregated facilities are
inherently unequal and ordered all public schools desegregated.
Question:
19. Gideon v. Wainwright (1963)
Answer:
Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their
ability to pay.
Question:
20. Tinker v DesMoines Independent School District (1969)
Answer:
SCOTUS ruled that students do not "shed their constitutional rights to freedom of speech or expression at
the schoolhouse gate."
Question:
21. United States v. Lopez (1995)
Answer:
The national government's (specifically Congress) power under the commerce clause does not permit it to
regulate matters not directly related to interstate commerce (in this case, banning firearms in a school zone)
Question:
22. New York Times v. US (1971)
Answer:
The Supreme Court held that the government's urging of "security" did not trump the newspapers' freedom
of press as guaranteed by the First Amendment. The Court held that in order to support an issuance of prior
restraint, the government needs to prove that the newspaper publication would cause inevitable, direct, and
immediate danger to the United States.
Question:
23. Baker v. Carr (1961)
, Answer:
Established "one man one vote". The ruling created guidelines for drawing congressional districts and
guaranteed a more equitable system of representation to the citizens of each state.
Question:
24. Wisconsin v. Yoder (1972)
Answer:
Compelling Amish students to attend school past the eighth grade violates the Free Exercise clause of the
First Amendment.
Question:
25. Schenck v. United States (1919)
Answer:
The freedom of speech protection afforded in the U.S. Constitution's First Amendment could be restricted
if the words spoken or printed represented to society a "clear and present danger."
Question:
26. McDonald v. Chicago (2010)
Answer:
The Second Amendment to the U.S. Constitution, which guarantees "the right of the people to keep and
bear Arms," applies to state and local governments as well as to the federal government..
Question:
27. Shaw v. Reno (1993)
Answer:
Legislative redistricting must be conscious of race and ensure compliance with the Voting Rights Act of
1965. If a reapportionment plan creates a district that is so irregular that the only reason for its creation is
to separate voters based on race, then an Equal Protection challenge against that plan is valid.
Question:
28. Citizens United v. Federal Election Commission (2010)
Answer:
Individuals, corporations, and unions can donate unlimited amounts of money to groups that make
independent political expenditures to campaigns. Based on the 1st Amendment Freedom of Speech Clause.
Question:
29. Limited Government
Answer:
The democratic ideal that suggests that certain restrictions should be placed on government to protect the
natural rights of citizens.
Question:
30. Natural Rights
Answer:
The democratic ideal that suggests that all humans are born with rights, which include the right to life,
liberty, and property