Social Studies Civics and Government Flashcards

The Supreme Court's decision in McCulloch v. Maryland (1819) established which principle that significantly expanded federal power?

Answer: The federal government possesses implied powers beyond those explicitly listed in the Constitution

In McCulloch v. Maryland, Chief Justice John Marshall ruled that the Necessary and Proper Clause grants Congress implied powers not explicitly listed in the Constitution. Maryland had tried to tax the Second Bank of the United States, but the Court held that the federal government had the implied power to create the bank and that states could not tax federal institutions.

A senator filibusters a bill by speaking continuously on the Senate floor. Under current Senate rules, how many votes are required to invoke cloture and end the filibuster on most legislation?

Answer: 60

Cloture, the procedure to end a filibuster, requires 60 votes (three-fifths of the 100-member Senate) for most legislation. This threshold is why the minority party can use the filibuster as a powerful tool — the majority must reach a supermajority to overcome it. Note that judicial nominees and executive appointments now only require 51 votes after 2013 and 2017 rule changes.

Which scenario best illustrates the constitutional concept of 'dual sovereignty' in the American federal system?

Answer: A person being tried in both state court for murder and federal court for civil rights violations arising from the same act

Dual sovereignty means both state and federal governments are separate sovereigns, each with their own laws and courts. When a person commits one act that violates both state and federal law, they can be prosecuted by both governments without violating the Double Jeopardy Clause, because each sovereign is enforcing its own separate laws. The Supreme Court reaffirmed this in Gamble v. United States (2019).

The War Powers Resolution of 1973 requires the president to notify Congress within 48 hours of deploying troops into hostilities. If Congress takes no action, after how many days must the president terminate the military engagement?

Answer: 60

Under the War Powers Resolution, once the president notifies Congress of troop deployment into hostilities, Congress has 60 days to authorize the action. If Congress does not declare war or authorize the engagement within 60 days, the president must withdraw troops within an additional 30-day withdrawal period. Presidents have disputed the constitutionality of this law, arguing it infringes on their commander-in-chief powers.

Under the principle of 'selective incorporation,' which of the following most accurately describes how the Bill of Rights applies to state governments?

Answer: The Supreme Court applies individual Bill of Rights protections to states on a case-by-case basis through the Fourteenth Amendment's Due Process Clause

Selective incorporation is the process by which the Supreme Court has applied most — but not all — Bill of Rights protections to state governments through the Fourteenth Amendment's Due Process Clause. Rather than wholesale incorporation, the Court has incorporated rights one at a time over decades (e.g., First Amendment free speech in Gitlow v. New York, 1925; Second Amendment in McDonald v. Chicago, 2010), determining whether each right is 'fundamental to ordered liberty.'

A state legislature draws congressional district boundaries in a way that consistently packs minority voters into a single district to limit their influence across multiple districts. This practice is best described as:

Answer: Packing, a form of racial gerrymandering

Concentrating a group of voters into one district to reduce their influence in surrounding districts is called 'packing.' When done along racial lines, it constitutes racial gerrymandering, which can violate the Equal Protection Clause and the Voting Rights Act. 'Cracking,' by contrast, splits a group across multiple districts to dilute their power. The Supreme Court has scrutinized racial gerrymandering in cases like Shaw v. Reno (1993) and Miller v. Johnson (1995).