Mixed Deck — All US Topics Flashcards

Which constitutional clause was used by the Supreme Court in INS v. Chadha (1983) to strike down the legislative veto?

Answer: Both the Presentment Clause and Bicameralism requirement

In Chadha, the Court ruled one-house legislative vetoes violated both bicameralism and the Presentment Clause, because Congress was effectively legislating without following Article I's procedures.

What is 'strict scrutiny,' a standard used in judicial review?

Answer: The highest standard requiring the government to show a compelling interest and narrow tailoring

Strict scrutiny demands a compelling governmental interest and a law narrowly tailored to achieve it, and is applied to fundamental rights and suspect classifications.

Federal mandates that require states to implement policies but provide NO funding to cover the costs are called:

Answer: Unfunded mandates

Unfunded mandates impose federal requirements on states without providing money to comply, a major source of state-federal tension.

Under the 'mootness' doctrine, what happens to a case during judicial review?

Answer: Courts dismiss the case if the controversy has ceased to exist

A case becomes moot when the legal controversy no longer exists, removing the court's jurisdiction to decide it.

The Seventeenth Amendment changed federalism by providing for:

Answer: Direct election of U.S. Senators by the people

Before the 17th Amendment, U.S. Senators were chosen by state legislatures, giving states direct representation in Congress.

Which constitutional clause requires states to honor the laws and court decisions of other states?

Answer: Full Faith and Credit Clause

The Full Faith and Credit Clause (Article IV, Section 1) requires each state to respect the public acts, records, and judicial proceedings of other states.

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.

Under the principle of judicial review, the Supreme Court can invalidate a law if it determines that law is:

Answer: Contrary to the Constitution

Judicial review, established in Marbury v. Madison (1803), gives courts authority to strike down laws that conflict with the Constitution.

Which colonial grievance listed in the Declaration of Independence most directly influenced the Constitution's separation of powers?

Answer: Concentration of executive, legislative, and judicial power in the king

The Declaration accused the king of combining all governmental powers, motivating the framers to carefully divide those powers among three separate branches.

George Washington's decision to preside over the Constitutional Convention rather than actively debate was significant because:

Answer: His moral authority lent legitimacy to the proceedings and final document

Washington's unparalleled prestige as a war hero and his willingness to participate gave the Convention credibility and helped persuade the public to accept its result.

The concept of judicial review is explicitly mentioned in which part of the Constitution?

Answer: It is not explicitly mentioned

The text of the Constitution does not explicitly grant the power of judicial review; it was established by judicial interpretation in Marbury v. Madison.

Which Founder most directly articulated the theory of separation of powers that influenced the Constitution's framers?

Answer: Montesquieu

French philosopher Montesquieu's 'The Spirit of the Laws' (1748) described separated legislative, executive, and judicial powers, which the Framers widely cited.

What must the government show to satisfy 'strict scrutiny'?

Answer: A compelling interest and that the law is narrowly tailored using the least restrictive means

Strict scrutiny requires the government to demonstrate a compelling governmental interest and that the law is narrowly tailored to achieve it using the least restrictive means available.

Which amendment abolished slavery throughout the United States?

Answer: 13th Amendment

The 13th Amendment, ratified in 1865, formally abolished slavery and involuntary servitude except as punishment for a crime.

What compromise resolved the deadlock between large and small states over representation in Congress?

Answer: The Great Compromise

The Great Compromise (Connecticut Compromise) created a bicameral Congress with proportional representation in the House and equal representation in the Senate.

Anti-Federalists opposed ratification primarily because the proposed Constitution lacked:

Answer: A bill of rights protecting individual liberties

Anti-Federalists like Patrick Henry feared the new government would trample individual rights without an explicit bill of rights.

The political doctrine known as 'nullification,' advanced by John C. Calhoun in the 1830s, argued that states had the power to:

Answer: Void federal laws they deemed unconstitutional within their borders

Nullification held that states could declare federal laws unconstitutional and refuse to enforce them, a doctrine firmly rejected by federal courts.

What is the Presentment Clause?

Answer: A clause requiring all legislation passed by Congress to be presented to the President

The Presentment Clause in Article I, Section 7 requires all legislation passed by both chambers to be presented to the President for signature or veto.

What is the primary purpose of professional certification in Bill of Rights?

Answer: To validate competency and knowledge in the field

Certification validates that a professional has met established standards of knowledge and competency in Bill of Rights.

Which constitutional protection prevents the government from quartering soldiers in private homes during peacetime without the owner's consent?

Answer: Third Amendment

The Third Amendment prohibits the government from forcing homeowners to house soldiers during peacetime without their consent, a reaction to British colonial practices.