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What was the Magna Carta?

The document is historically significant as the first to establish the principle that the king and his government were not above the law. It guaranteed specific liberties, including protection from illegal imprisonment, access to swift justice, and limitations on feudal payments to the Crown.

What document did American colonists, protesting the Stamp Act in 1766, claim gave them rights such as "no taxation without representation"?

the English Bill of Rights of 1689

Americans, especially by the 19th and 20th centuries, claimed what about the Magna Carta?

limited the power of the monarchy.

What was Thomas Paine’s Common Sense?

a 47-page pamphlet published anonymously on January 10, 1776, in Philadelphia that argued for American independence from Great Britain

What was the influence of Common Sense?

radically shifted colonial public opinion from seeking reconciliation with Britain to demanding full independence. Its primary influence was the wholesale annihilation of emotional and intellectual ties to the British Crown, transforming the conflict from a dispute over taxes and rights into a moral imperative for universal human liberty.

What is the Declaration of Independence?

the founding document of the United States, adopted by the Second Continental Congress on July 4, 1776, which announced the separation of the 13 American colonies from Great Britain.

What are the three rights mentioned in the Declaration of Independence?

life, liberty, and the pursuit of happiness

Which of the following was a weakness of the Articles of Confederation?

the lack of power to collect taxes, which left the government unable to pay Revolutionary War debts. Other major flaws included no executive branch to enforce laws, no national judicial system to resolve interstate disputes, and the inability to regulate interstate commerce, which led to economic chaos

What did Shay’s Rebellion and an economic crisis lead to?

the realization that the Articles of Confederation were inadequate for governing the United States, prompting leaders to convene the Constitutional Convention in 1787.

The idea of self-government is in the first three words of the Constitution. What are these words?

We the People

What is the Supreme Law of the Land?

Constitution

What were the 88 essays published in newspaper to support ratification of the Constitution are known as? Who wrote those essays?

Federalist Papers

What type of government does the U.S. have?

constitutional federal republic

What is federalism?

a system of government in which power is constitutionally divided between a central national authority and constituent regional units, such as states or provinces.

What type of economic system does the U.S. have?

capitalist or market economy

In a representative democracy (republic), who is sovereign?

the people

Under the U.S. Constitution, what has the power to declare war, conduct foreign policy, and coin currency?

federal government (specifically Congress)

Under the U.S. Constitution, what usually has the power to regulate local safety, schools, and grant driving licenses?

State governments

What is the highest court in the U.S.?

Supreme Court of the United States (SCOTUS

What does the Judicial Branch do?

reviews laws, explains laws, resolves disputes, and decides if a law goes against the Constitution

What are the two houses of Congress?

Senate and the House of Representatives

How is representation in the Senate decided? How many years is the term for a senator?

determined by having two representatives from each state, regardless of population size. The term is 6 years.

How is representation in the House of Representatives decided? How many years is the term for a representative?

determined by state population, as measured by the decennial census conducted every ten years. Under Article I, Section 2 of the Constitution, seats are apportioned among the states based on this data, with each state guaranteed at least one representative.

The term is two years.

How many voting members does the House currently have?

435

The Constitutional Convention decided that the chief executive would be chosen by?

the Electoral College.

Who is the commander-in-chief of the military?

the President of the United States

How many years is the term for a President?

4 years

If a president cannot serve, who is next in line?

vice president

If the president and vice president cannot serve, who is next in line?

the Speaker of the House of Representatives

What is the purpose of Checks and Balances?

To not let one branch have too much power

Who makes federal laws?

Congress

Who signs or vetoes bills to become laws?

president

What is an amendment?

a change to the Constitution or an addition to the Constitution

What are the rights and responsibilities of a citizen?

respect and obey federal, state, and local laws. Respect the rights, beliefs, and opinions of others. Participate in your local community. Pay income and other taxes honestly, and on time, to federal, state, and local authorities.

How does one become a citizen in the U.S. after the 14th amendment?

This Amendment of the U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions, based on jus soli.

What are the first ten amendments called?

bill of rights

What Supreme Court case established Judicial Review?

Marbury v. Madison (1803).

What did the McCulloch v. Maryland (1819) case decide?

the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government.

In which of the following does the Constitution grant sweeping power to Congress to make laws beyond those that are explicitly enumerated in Article I?

Article I, Section 8, Clause 18: [The Congress shall have Power . . . ] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

What is the significance of the “necessary and proper” clause?

enables Congress to pass special laws to require other departments of the government to prosecute or adjudicate particular claims, whether asserted by the government itself or by private persons.

What did the Court uphold in Gibbons v. Ogden (1824)?

Congress has the power to "regulate commerce" and that federal law takes precedence over state laws.

What was the Supreme Court's decision in the Dred Scott case?

upheld slavery in United States territories, denied the legality of black citizenship in America, and declared the Missouri Compromise to be unconstitutional.

Which Court decision established “Separate but Equal”, which provided separate public facilities for both whites and blacks as long as they were “equal”?

Plessy vs. Ferguson in 1896.

What did the Court decide in Lochner v. New York (1905)?

invalidated the New York law. The majority maintained that the statute interfered with the freedom of contract, and thus the Fourteenth Amendment's right to liberty afforded to employer and employee.

Which Supreme Court case held that the First Amendment right to free speech doesn't protect speech that presents a “clear and present danger?”

Schenck v. United States (1919)

Which Supreme Court case upheld the constitutionality of Executive Order 9066, which ordered Japanese Americans into internment camps during World War II?

Korematsu v. United States, 323 U.S. 214 (1944),

What did the Supreme Court decide in Brown v. Board of Education?

separating children in public schools on the basis of race was unconstitutional.

Which amendment allows the Court to prevent racial inequality at the state level?

the Fourteenth Amendment

Which of the following rights are protected in the First Amendment?

Which of the landmark cases involved questions over the First Amendment? (There can be more than one)

-Tinker vs Des Moines Independent Community School District 1969
Bethel School District vs Fraser 1986
-Hazelwood School District vs Kuhlmeier 1988
-Morse vs Frederick 2007

Which Supreme Court case held that it is unconstitutional for state officials to write an official school prayer and to encourage students to recite it?

Engel v. Vitale, 370 U.S. 421 (1962)

One case was over whether a school’s decision to ban black armbands in protest was allowed. What was that case, in which the Court determined that Students have the right to free speech at school as long it doesn’t disrupt school activities?

Tinker vs Des Moines Independent Community School District 1969

Which cases involved a right to privacy?

Eisenstadt v Baird (1971), and Lawrence v. Texas (2003)

How did Roe v. Wade limit state’s right?

the U.S. Supreme Court on January 22, 1973, ruled (7-2) that unduly restrictive state regulation of abortion is unconstitutional

Which Supreme Court case invalidated a state law prohibiting the use of contraceptives on the grounds that the law violated the right to marital privacy?

Griswold v. Connecticut (1965)

Which case held that suspects cannot be questioned until they are informed of their rights (right to remain silent, right to an attorney, etc)?

Miranda v. Arizona (1966)

In which case did the Court, by enforcing the 6th amendment, declared that a person accused of a crime had a right to an attorney no matter how poor.

Gideon v. Wainwright (1963)

Which Court decision declared that speech can only be limited if it is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action"?

Brandenburg v. Ohio (1969)

Which Supreme Court case established that evidence obtained through unreasonable searches and seizures, in violation of the Fourth and Fourteenth Amendments, may not be used in state courts for state law criminal prosecutions?

Mapp v. Ohio (1961)

Which Supreme Court case, involving the 8th and 14th amendments considered the constitutionality of the death penalty?

Furman v. Georgia

In which case did the Supreme Court give an ambiguous decision regarding Affirmative Action by saying that race could be a factor but that quotas were unconstitutional?

Regents of the University of California v. Bakke (1978)

Which Supreme Court case held that the President cannot use executive privilege to withhold evidence that is relevant in a criminal trial?

United States v. Nixon

Marbury v. Madison 1803

Congress does not have the power to pass laws that override the Constitution, such as by expanding the scope of the Supreme Court's original jurisdiction.

Dred Scott v. Sanford 1857

having lived in a free state and territory did not entitle an enslaved person, Dred Scott, to his freedom. In essence, the decision argued that, as someone's property, Scott was not a citizen and could not sue in a federal court.

Miranda v. Arizona 1966

ruled that an arrested individual is entitled to rights against self-discrimination and to an attorney under the 5th and 6th Amendments of the United States Constitution.

Mapp v. Ohio 1961

the U.S. Supreme Court ruled that under the 4th and 14th Constitutional amendments, illegally seized evidence could not be used in a state criminal trial.

Schenck v. United States

established the "clear and present danger" test for limiting First Amendment free speech rights. The Court ruled that the Free Speech Clause does not protect speech that poses a clear and present danger of bringing about substantive evils that Congress has the right to prevent, such as obstructing the military draft during wartime.

Korematsu v. United States

established the lawfulness of excluding Americans of Japanese descent from the West Coast during World War II. The Court ruled that this exclusion order did not show racial prejudice and was justified by military urgency and the need to prevent espionage during wartime.

Roe v. Wade

The decision established that the Due Process Clause of the Fourteenth Amendment contains a fundamental "right to privacy." This right protects a pregnant woman’s choice whether to have an abortion. The exam materials note that this right is balanced against the government’s interests in protecting women's health and the "potentiality of human life." The case is frequently cited in FCLE study aids to illustrate the right to privacy and the application of the Fourteenth Amendment.

Brown v. Board 1954

a landmark Supreme Court case that established the principle that separate but equal educational facilities for racial minorities are inherently unequal.

The Court ruled that racial segregation in public schools violates the Equal Protection Clause of the Fourteenth Amendment, thereby ordering the desegregation of all public schools. This decision is cited as a foundational moment in civil rights law, asserting that segregated education denies minority students equal protection under the law.

McCullough v. Maryland 1819

the State of Maryland approved legislation to impose taxes on the Second National Bank chartered by Congress. James W. McCulloch, a Federal cashier at the Baltimore branch of the U.S. bank, refused to pay the taxes imposed by the state. Maryland filed a suit against McCulloch in an effort to collect the taxes.

Yick Wu v. Hopkins 1886

that a law that is race-neutral on its face, but is administered in a prejudicial manner, is an infringement of the Equal Protection Clause in the Fourteenth Amendment to the U.S. Constitution.

Plessy v. Ferguson 1896

upheld the constitutionality of racial segregation under the "separate but equal" doctrine.

Gideon v. Wainwright 1963

the Supreme Court established that the Fourteenth Amendment creates a right for criminal defendants who cannot pay for their own lawyers to have the state appoint attorneys on their behalf.

Griswald v. Connecticut 1965

A right to privacy can be inferred from several amendments in the Bill of Rights, and this right prevents states from making the use of contraception by married couples illegal.

Katz. v. United States 1967

it is unconstitutional under the Fourth Amendment to conduct a search and seizure without a warrant anywhere that a person has a reasonable expectation of privacy, unless certain exceptions apply.

Brandenburg v. Ohio 1969

the Supreme Court established that speech advocating illegal conduct is protected under the First Amendment unless the speech is likely to incite "imminent lawless action."

Tinker v. Des Moines

The Court ruled that schools may only suppress student expression if they can prove it would "materially and substantially interfere" with the operation of the school. This case is frequently paired with Hazelwood v. Kuhlmeier (1988) in exam questions regarding the rights of public school students.

New York Times v. United States 1971

the federal government does not have the authority to force a state to enact specific laws.

Gregg v. Georgia 1970

it was held that death penalty for murder was not in and of itself a cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments.

Regents of University of California v. Bakke (referred to as Bakke case) 1978

which held that a university's admissions criteria which used race as a definite and exclusive basis for an admission decision violated the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964.

The United States is a

constitutional republic

Federalism is when

power is shared between states and the national government.            

Memorial Day and Veterans Day

honor the sacrifices of military personnel.

The Constitution

the supreme law of the land.

Veto

is a check on legislative power.

Governments derive their power from

the consent of the governed

Which branch does government derive their power from?

Congress (the Legislative Branch)

Checks and balances

Examples of representative government

defined by the principle that citizens elect representatives to whom they delegate the power to make laws, rather than voting directly on all laws.

Concurrent power of states and national government

authorities shared by both the federal and state governments under the U.S. Constitution. these include the power to tax, borrow money, pass and enforce laws, establish courts, and build public roads.

Example of judicial review

declaring a law unconstitutional

What is a right of a U.S. citizen?

Running for federal office.

Must be a U.S. citizen

to serve on a jury.

Eminent Domain

Supremacy Clause

The Selective Service system

provides for the common defense.

How many amendments are there in the Constitution?

27

First Amendment includes?

speech, religion, press, assembly, and the right to petition the government

Due Process

a constitutional guarantee requiring that legal matters be resolved according to established rules and principles, ensuring individuals are treated fairly within the boundaries of the law. It protects citizens by mandating that the government cannot deprive any person of life, liberty, or property without ____ of law, thereby safeguarding against arbitrary actions.

Meaning of equal protection clause

a core component of the 14th Amendment. mandates that no state shall deny any person within its jurisdiction the equal protection of the laws. This provision guarantees that individuals in similar circumstances must receive equal treatment under the law and protects against arbitrary or disparate government actions.