U.S. Constitutional Law Quiz
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Questions and Answers

What distinguishes libel from slander?

Libel refers to written defamation, while slander refers to spoken defamation.

What is the significance of the Supremacy Clause in the U.S. Constitution?

The Supremacy Clause establishes that national law is supreme over state laws.

Explain the concept of reserved powers and provide an example.

Reserved powers are those not delegated to the federal government, such as the power to regulate elections.

What are Bills of Attainder and why are they prohibited?

<p>Bills of Attainder are laws that declare an act illegal without a judicial trial, and they are prohibited to protect individual rights.</p> Signup and view all the answers

How does Dillon's Rule affect local governments?

<p>Dillon's Rule states that local governments must be authorized by state governments.</p> Signup and view all the answers

What significant power did Marbury v. Madison establish for the Supreme Court?

<p>Judicial Review.</p> Signup and view all the answers

What argument did McCulloch use to justify the establishment of a bank in Maryland?

<p>That it was constitutional under the Necessary and Proper Clause.</p> Signup and view all the answers

What was the main ruling in Nixon v. Watergate regarding presidential privilege?

<p>There is no executive privilege to withhold evidence.</p> Signup and view all the answers

What was the outcome of US v. Lopez regarding the Gun Free School Zones Act?

<p>Struck down due to the Commerce Clause.</p> Signup and view all the answers

Why did the Supreme Court rule against voluntary prayer in Engel v. Vitale?

<p>It violated the Establishment Clause.</p> Signup and view all the answers

What constitutional right was upheld in Wisconsin v. Yoder for Amish parents?

<p>Free Exercise of religion.</p> Signup and view all the answers

In Tinker v. Des Moines, what was the basis for the Court's decision to protect symbolic speech?

<p>The First Amendment guarantees freedom of speech.</p> Signup and view all the answers

What did the ruling in Brown v. Board of Education declare about educational segregation?

<p>Separate is inherently unequal.</p> Signup and view all the answers

What does the Writ of Mandamus require from an official?

<p>It requires the official to perform a duty they are legally obligated to complete.</p> Signup and view all the answers

Explain the principle of Stare Decisis in the judicial system.

<p>Stare Decisis means that courts should follow precedents set by previous rulings in similar cases.</p> Signup and view all the answers

What is the primary purpose of a Grand Jury?

<p>To determine whether there is enough evidence to bring criminal charges against a suspect.</p> Signup and view all the answers

Describe the significance of the Incorporation Doctrine.

<p>The Incorporation Doctrine requires state and local governments to honor the rights guaranteed in the Bill of Rights through the 14th Amendment.</p> Signup and view all the answers

What is the main focus of the PATRIOT Act?

<p>The PATRIOT Act focuses on enhancing law enforcement's ability to combat terrorism, sometimes at the expense of civil liberties.</p> Signup and view all the answers

How does Judicial Restraint influence judicial decision-making?

<p>Judicial Restraint encourages judges to defer to the decisions of other branches of government even if they disagree with them.</p> Signup and view all the answers

What was the main argument in Federalist 10 regarding factions?

<p>Federalist 10 argues that factions are inevitable due to differing opinions and interests, and they can be harmful to public welfare.</p> Signup and view all the answers

What does the Exclusionary Rule entail?

<p>The Exclusionary Rule prohibits the use of evidence obtained through illegal means in a court of law.</p> Signup and view all the answers

What does the term 'Civil Disobedience' refer to?

<p>Civil Disobedience refers to the act of peacefully breaking a law that one considers unjust, while accepting the consequences.</p> Signup and view all the answers

Explain the role of the Solicitor General in the justice system.

<p>The Solicitor General represents the federal government in cases before the Supreme Court and manages its appellate litigation.</p> Signup and view all the answers

What is the social contract theory and how does it relate to the Enlightenment thinkers?

<p>The social contract theory posits that individuals give up some natural rights in exchange for governmental protection and benefits, as emphasized by Enlightenment philosophers like John Locke and Rousseau.</p> Signup and view all the answers

Describe two differences between participatory and elite democracy.

<p>Participatory democracy empowers citizens to directly influence policy decisions, while elite democracy restricts decision-making to a small, affluent group.</p> Signup and view all the answers

What major weaknesses of the Articles of Confederation were revealed through Shays' Rebellion?

<p>Shays' Rebellion exposed the weaknesses of a lack of federal taxation and the inability to maintain a standing army, leaving the government underfunded and ineffective.</p> Signup and view all the answers

What was the Great Compromise and why was it significant?

<p>The Great Compromise established a bicameral legislature, combining the Virginia and New Jersey plans by creating the House of Representatives based on population and the Senate with equal state representation.</p> Signup and view all the answers

Explain the concept of federalism in the context of the U.S. Constitution.

<p>Federalism is the division of powers between the national and state governments, where each level operates within its own sphere of authority.</p> Signup and view all the answers

What role does the Commerce Clause play in U.S. governance?

<p>The Commerce Clause gives the federal government the power to regulate interstate commerce, allowing for a unified economic policy across states.</p> Signup and view all the answers

How can Congress use discretionary spending to impact government programs?

<p>Discretionary spending requires annual renewal, allowing Congress to influence budget allocations and prioritize programs based on current needs.</p> Signup and view all the answers

What is the significance of the filibuster in the Senate?

<p>The filibuster allows a senator to prolong debate and delay or block a vote on a bill unless a cloture vote is achieved, requiring at least 60 votes.</p> Signup and view all the answers

Define affirmative action and its purpose.

<p>Affirmative action is a policy aimed at increasing opportunities for historically marginalized groups to promote equal access in education and employment.</p> Signup and view all the answers

What precedent did the Supreme Court set in Tinker v. Des Moines regarding freedom of speech?

<p>Tinker v. Des Moines established that students retain their right to free speech in schools as long as it does not disrupt educational processes.</p> Signup and view all the answers

What is the principle of 'separation of powers' in the U.S. government?

<p>Separation of powers is the division of government responsibilities into distinct branches (executive, legislative, and judicial) to prevent any one branch from gaining too much power.</p> Signup and view all the answers

In what ways did the 14th Amendment protect civil rights?

<p>The 14th Amendment guarantees equal protection under the law and prohibits discrimination, ensuring that all citizens, regardless of race or status, have equal rights.</p> Signup and view all the answers

What mechanisms exist for Congress to exert oversight over the executive branch?

<p>Congress can conduct committee hearings, utilize the power of the purse, and review regulations to ensure that executive agencies implement laws as intended.</p> Signup and view all the answers

What is the difference between civil liberties and civil rights?

<p>Civil liberties are protections against government actions ensuring individual freedoms, while civil rights promote equal treatment and protection from discrimination.</p> Signup and view all the answers

Discuss the significance of the 22nd Amendment.

<p>The 22nd Amendment limits the presidency to two terms, preventing any one individual from holding too much power over an extended period.</p> Signup and view all the answers

Study Notes

The Enlightenment Period

  • Influenced the creation of government
  • Key philosophers: John Locke, John-Jacques Rousseau, and Thomas Hobbes
  • Important ideas: Social contract, Natural Rights, Popular Sovereignty, Republicanism

Models of Democracy

  • Participatory Democracy: Citizens decide policies, politicians implement.
  • Pluralist Democracy: Many groups compete for influence.
  • Elite Democracy: Small group (wealthy/educated) make decisions.

Articles of Confederation

  • Weak government, trying to recover from monarchy.
  • Weaknesses: Each state had its own currency, Congress couldn't levy taxes, one vote per state, no executive branch, required 13/13 votes for amendments and 9/13 for laws, etc.
  • Shay's Rebellion exposed weaknesses.

Federalists and Anti-Federalists

  • Federalists supported ratification of the Constitution, Anti-Federalists opposed it.

Madisonian Representative Democracy

  • Includes: Federalism (shared powers), Checks and balances, separation of powers, popular sovereignty, limited government.

Compromises Made in Ratification of the Constitution

  • Great Compromise: Bicameral legislature (House of Representatives based on population and Senate equal representation).
  • Electoral College and Three-Fifths Compromise: Method for electing president and counting slaves for representation.

Constitutional Basis of Federalism

  • Enumerated Powers: Powers explicitly given to Congress.
  • Implied Powers: Powers not explicitly given, but understood.
  • Inherent Powers: Powers assumed by the president.
  • Reserved Powers: Powers for the states.
  • Privileges and Immunities Clause
  • Full Faith and Credit Clause
  • Extradition Clause
  • Federalism in Action: Fiscal Federalism (grants-in-aid), Dual Federalism, Cooperative Federalism and New Federalism.
  • Key Federalism Clauses: Commerce Clause, Necessary and Proper Clause

Article One - Legislative Branch

  • Congress (bicameral legislature): Senate (6 year terms, 1/3 up for reelection) & House of Representatives (2 year terms)
  • Enumerated Powers
  • Impeachment trials
  • Powers to introduce bills, make laws, etc
  • Important Vocabulary: Filibuster, Cloture, Rules Committee
  • Committee of the Whole, Discharge Petition, Types of Committees (Standing, Conference, Select, Joint).
  • Congressional Spending (Discretionary, Mandatory)
  • Congressional Actions (Pork-barrel legislation, logrolling)
  • Ideological Divisions, Gerrymandering, Reapportionment, Divided Government, Congressional Models (Trustee, Delegate).

Article Two - Executive Branch

  • Presidential Powers (Formal and Informal)
  • Chief Executive, Chief Diplomat, Commander in Chief.
  • Cabinet, Ambassadors, White House Staff.
  • Federalist 70: Hamilton's argument for a strong executive.
  • 22nd amendment
  • Bureaucracy, and Interactions with Congress.
  • Civil Service
  • Pendleton Act
  • Examples of Bureaucratic agencies

Independent Executive Agencies and Government Corporations

  • Established by Congress, outside executive branch.
  • Serve specific purposes (e.g., NASA, EPA).
  • Independent Regulatory Commissions (Federal Reserve Board)
  • Provide services that cannot be effectively handled by the private sector

Congressional Oversight

  • Ensure legislation is implemented as intended.
  • Committee hearings: Make sure everything is running well.
  • Power of the Purse: Allocate funding for laws to survive

Judicial Branch – Checks and Balances

  • President appoints judges, but Senate confirms.
  • Judicial Review (Marbury v. Madison)
  • Dissenting and Majority opinions
  • Judicial Restraint; Judicial Activism
  • Judicial Implementation
  • Incorporation Doctrine (14th Amendment)
  • Judiciary Act of 1789, and Presidential Succession Act of 1974
  • Congressional Budget Act of 1974
  • Congressional Research Service, Congressional Budget Office, Office of Management and Budget

Unit 3 - Bill of Rights and Civil Liberties

  • First 10 amendments protecting individual liberties.
  • Civil Liberties: Limitations on government.
  • Civil Rights Act of 1964
  • Balancing Minority and Majority Rights.
  • Types of actions and court cases for Civil Liberty protections

Electing a President

  • Incumbency advantage
  • Libel, Slander
  • Critical Period.
  • Various powers used in election process
  • Powers of the president
  • Documents: Declaration of Independence, Articles of Confederation, and Federalist 51.

Important Court Cases

  • Marbury v Madison
  • McCulloch v Maryland
  • Significant cases

Additional Topics

  • Various topics and court cases that address different parts of government
  • Various Supreme Court cases that demonstrate how different clauses work
  • Explanation of the different clauses.

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Test your understanding of key legal concepts in U.S. Constitutional Law. This quiz covers important distinctions such as libel vs. slander, the significance of the Supremacy Clause, and the implications of Dillon's Rule on local governance. Dive into the foundational principles that shape American law.

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