Constitution Modern Relevance Flashcards
7 cards from real US practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Constitution Modern Relevance flashcards as text
Which constitutional principle allows federal law to override conflicting state law?
Answer: The Supremacy Clause
The Supremacy Clause (Article VI) establishes that federal law is the supreme law of the land, preempting state laws that conflict with valid federal statutes or the Constitution.
A journalist is subpoenaed to reveal confidential sources in a federal criminal case. The First Amendment protection they would claim is called:
Answer: Reporter's privilege or press shield
Reporters often invoke a reporter's privilege or press shield, arguing the First Amendment protects them from compelled disclosure of confidential sources, though the Supreme Court has not fully recognized this right.
Under the Non-Delegation Doctrine, Congress is limited in its ability to:
Answer: Transfer its core legislative power to executive agencies without intelligible guiding principles
The Non-Delegation Doctrine holds that Congress cannot give legislative power to agencies without providing an 'intelligible principle' to guide the agency's exercise of that authority.
Which landmark ruling held that corporations and unions have First Amendment rights to spend unlimited funds on independent political expenditures?
Answer: Citizens United v. FEC
Citizens United v. FEC (2010) held that the First Amendment prohibits the government from restricting independent political expenditures by corporations, associations, or labor unions.
A state law requires all pharmacists to fill any valid prescription regardless of their religious objections. A pharmacist challenges this under which clause?
Answer: Free Exercise Clause
The Free Exercise Clause of the First Amendment protects individuals from government laws that substantially burden their sincere religious practices, the basis for such a challenge.
Which modern doctrine determines whether a speech restriction based on its content is constitutional by requiring the government to prove a compelling interest?
Answer: Strict scrutiny
Content-based speech restrictions are subject to strict scrutiny, meaning the government must show a compelling interest and that the law is narrowly tailored to achieve it.
The constitutional principle that prevents a person from being tried twice for the same crime after an acquittal is found in:
Answer: The Fifth Amendment's Double Jeopardy Clause
The Double Jeopardy Clause of the Fifth Amendment bars the government from prosecuting a defendant a second time for the same offense after an acquittal or conviction.