Social Studies Civics and Government Flashcards

The Supreme Court's power of judicial review — the authority to strike down laws as unconstitutional — is explicitly stated in which document?

Answer: Marbury v. Madison (1803)

Judicial review is NOT explicitly written in the Constitution. Chief Justice John Marshall established the doctrine in Marbury v. Madison (1803), where the Court declared a portion of the Judiciary Act of 1789 unconstitutional — asserting for the first time the Court's power to invalidate federal laws.

A U.S. Senator completes a deceased colleague's unexpired term. Under the 17th Amendment, how must that replacement be chosen?

Answer: Appointed by the state governor, OR chosen by special election — depending on state law

The 17th Amendment (which established direct election of senators) allows states to authorize their governors to make temporary appointments until a special election is held — but critically, states may also require an immediate special election with no gubernatorial appointment. The method varies by state law, not a single federal rule.

Which scenario represents a constitutional exercise of a state's 'police powers' that the federal government CANNOT override through the Supremacy Clause?

Answer: A state licensing cosmetologists through its own health and safety board

States retain broad authority to regulate health, safety, and professional licensing under their police powers when no federal law preempts that field. Cosmetology licensing is a traditional state function with no federal equivalent. By contrast, banning a federally approved drug or blocking interstate travel would conflict with federal supremacy, and states may only set stricter emissions standards in narrowly defined circumstances (e.g., California's waiver under the Clean Air Act).

A bill passes the House and Senate with 60% majorities. The President neither signs nor vetoes it for 12 days while Congress is IN session. What happens?

Answer: It becomes law automatically

Under Article I, Section 7, if the President takes no action on a bill for 10 days (Sundays excluded) while Congress is in session, the bill becomes law automatically — as if the President had signed it. A 'pocket veto' only occurs when Congress adjourns within that 10-day window, preventing the bill's return. Here, Congress remains in session, so the bill becomes law.

The concept of 'incorporation' in constitutional law refers to which legal process?

Answer: Applying most Bill of Rights protections to state governments via the 14th Amendment

Originally, the Bill of Rights only protected individuals from the federal government. Through the doctrine of 'selective incorporation,' the Supreme Court has used the Due Process Clause of the 14th Amendment (ratified 1868) to apply most — but not all — of the Bill of Rights' protections as limits on state governments as well. This happened gradually through cases over many decades.

Which of the following actions falls within the EXCLUSIVE powers of the U.S. Senate that the House of Representatives does NOT share?

Answer: Ratifying treaties with a two-thirds vote

Treaty ratification requires approval by two-thirds of the Senate only — the House plays no role. By contrast, all revenue bills must originate in the House (not the Senate exclusively); veto overrides require two-thirds of BOTH chambers; and constitutional amendments may be proposed by two-thirds of both chambers or by a convention called by two-thirds of the states.