U.S. Constitution & Bill of Rights

Cards (10)

• 1
  Front

  Which constitutional clause establishes federal law as supreme over conflicting state laws, and what is its technical name?

  Back

  The Supremacy Clause (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties are the supreme law of the land, preempting conflicting state laws.

• 2
  Front

  What is the precise constitutional threshold for Congress to override a presidential veto?

  Back

  A two-thirds majority vote in both the House of Representatives and the Senate is required to override a presidential veto (Article I, Section 7).

• 3
  Front

  How does the Tenth Amendment differ in scope from the Ninth Amendment?

  Back

  The Ninth Amendment states that the enumeration of certain rights in the Constitution shall not deny or disparage other rights retained by the people. The Tenth Amendment reserves powers—not rights—not delegated to the federal government to the states or the people. One addresses unenumerated individual rights; the other addresses governmental power distribution.

• 4
  Front

  Under the original unamended Constitution, how were U.S. Senators selected, and which amendment changed this?

  Back

  Originally, Senators were chosen by state legislatures (Article I, Section 3). The Seventeenth Amendment (1913) changed this to direct popular election by voters in each state.

• 5
  Front

  What constitutional provision allows Congress to make laws 'necessary and proper' for executing its enumerated powers, and what doctrine did it give rise to?

  Back

  The Necessary and Proper Clause (Article I, Section 8, Clause 18), also called the Elastic Clause, grants Congress implied powers beyond its enumerated powers and gave rise to the doctrine of implied powers, affirmed in McCulloch v. Maryland (1819).

• 6
  Front

  The Third Amendment prohibition on quartering soldiers applies to peacetime absolutely, but what nuance exists regarding wartime?

  Back

  The Third Amendment absolutely bars quartering soldiers in private homes during peacetime without the owner's consent, but during wartime it permits quartering only 'in a manner to be prescribed by law,' meaning Congress could legislatively authorize it under defined conditions.

• 7
  Front

  What is the constitutional distinction between a bill of attainder and an ex post facto law, both of which are prohibited by Article I?

  Back

  A bill of attainder is a legislative act that punishes a specific individual or group without a judicial trial. An ex post facto law retroactively criminalizes an act that was legal when committed, or retroactively increases punishment. Both are prohibited for Congress (Article I, Section 9) and for states (Article I, Section 10).

• 8
  Front

  Under the Fifth Amendment's Double Jeopardy Clause, what is the 'dual sovereignty' doctrine?

  Back

  The dual sovereignty doctrine holds that separate sovereigns—such as the federal government and a state, or two different states—may each prosecute an individual for the same underlying conduct without violating the Double Jeopardy Clause, because each prosecution is for an offense against a distinct sovereign.

• 9
  Front

  What specific procedural requirement does the Grand Jury Clause of the Fifth Amendment impose, and which major category of cases does it exempt?

  Back

  The Grand Jury Clause requires a grand jury indictment to initiate federal prosecution for a capital or 'otherwise infamous' crime (generally felonies). It explicitly exempts cases arising in the land or naval forces or in the Militia during actual service in time of war or public danger, meaning military personnel in active service may be tried by court-martial without a grand jury.

• 10
  Front

  How does the 'establishment' prong of the First Amendment differ from the 'free exercise' prong in terms of what government conduct each restrains?

  Back

  The Establishment Clause prohibits the government from making any law respecting an establishment of religion—preventing government endorsement, sponsorship, or entanglement with religion. The Free Exercise Clause prohibits the government from making any law that prohibits the free exercise of religion—preventing government interference with individuals' religious practice. One limits government promotion of religion; the other limits government suppression of it.