American Democracy and Constitutional Principles

A set of 70 Question-and-Answer flashcards covering major concepts from American democracy, constitutional principles, landmark documents, federalism, civil liberties, Supreme Court cases, and the structure and functions of U.S. government.

What is the supreme law of the land in the United States?

The Constitution.

Which federal branch introduces and passes laws?

The Legislative Branch.

Which branch of government enforces the nation’s laws?

The Executive Branch.

Which branch of government interprets laws and determines constitutionality?

The Judicial Branch.

How many voting members are in the U.S. House of Representatives?

435 representatives.

How many U.S. senators does each state have?

Two senators, for a total of 100.

Which federal body is the only branch directly elected by national voters?

The House of Representatives.

Who is the current Chief Justice of the United States?

Chief Justice John Roberts.

Which two Enlightenment thinkers most influenced America’s social-contract theory?

John Locke and Montesquieu.

What is the ‘social contract’ in political theory?

Government legitimacy comes from consent of the governed to protect natural rights.

According to John Locke, what three natural rights do individuals inherently possess?

Life, liberty, and property.

What constitutional principle divides power among separate branches to avoid tyranny?

Separation of powers.

What system lets each branch restrain the actions of the others?

Checks and balances.

Which article of the Constitution creates the Legislative Branch?

Article I.

Which article establishes the Executive Branch?

Article II.

Which article sets up the Judicial Branch?

Article III.

Which Federalist Paper (by James Madison) explains separation of powers?

Federalist No. 47.

Define the ‘rule of law.’

Everyone, including government officials, must follow the law.

What is ‘due process’?

The government must respect all legal rights owed to a person.

Name the two types of due process.

Procedural due process and substantive due process.

Which amendment applies due-process protections to the federal government?

The fifth Amendment.

Which amendment extends due-process protections to the states?

The 14th Amendment.

Which constitutional clause requires states to apply laws equally to all people?

The Equal Protection Clause of the 14th Amendment.

What is ‘popular sovereignty’?

The principle that government power comes from the people.

Which phrase in the Preamble embodies popular sovereignty?

“We the People.”

Define federalism.

A system dividing and sharing power between national and state governments.

Which clause makes federal law the ‘supreme law of the land’?

The Supremacy Clause.

Which clause grants Congress implied powers to carry out its duties?

The Necessary and Proper (Elastic) Clause.

Which clause empowers Congress to regulate interstate trade?

The Commerce Clause.

Name three primary documents that influenced U.S. constitutional development.

Examples: Magna Carta, Mayflower Compact, English Bill of Rights.

Which 1215 document first limited a monarch’s power and advanced due process?

The Magna Carta.

Which 1620 agreement established self-government for Plymouth colonists?

The Mayflower Compact.

Which 1776 pamphlet by Thomas Paine urged American independence?

Common Sense.

What document served as America’s first national constitution (1781-1789)?

The Articles of Confederation.

In federalism, what are ‘laboratories of democracy’?

States experimenting with policies before national adoption.

Which 1819 Supreme Court case upheld implied powers and federal supremacy?

McCulloch v. Maryland.

Which 1824 case broadened federal power to regulate interstate commerce?

Gibbons v. Ogden.

Which 1962 case ruled school-sponsored prayer unconstitutional?

Engel v. Vitale.

Which 1972 case protected Amish families’ right to religiously based education?

Wisconsin v. Yoder.

Which 1963 case required states to provide attorneys for indigent defendants?

Gideon v. Wainwright.

Which 1954 decision ended racial segregation in public schools?

Brown v. Board of Education.

Which 1967 case struck down bans on interracial marriage?

Loving v. Virginia.

Which 2000 case applied equal protection to presidential vote recounts?

Bush v. Gore.

Which 1972 case temporarily halted the death penalty?

Furman v. Georgia.

Which 1976 case reinstated the death penalty under stricter safeguards?

Gregg v. Georgia.

Which 2002 case barred execution of intellectually disabled defendants?

Atkins v. Virginia.

Which 2005 case barred execution of offenders who were minors?

Roper v. Simmons.

Which 1965 case recognized a privacy right for married couples’ contraception?

Griswold v. Connecticut.

Which 1973 case established a constitutional right to abortion (later overturned in 2022)?

Roe v. Wade.

Define ‘republicanism.’

A system in which citizens elect representatives and government operates under rule of law.

How does decision-making differ between a democracy and a republic?

Democracy relies on direct popular vote; a republic relies on elected representatives.

Why did America’s founders reject pure (direct) democracy?

They feared mob rule and tyranny of the majority.

What is ‘constitutionalism’?

Government authority is derived from and limited by a constitution.

Define ‘majority rule.’

Decisions are made by more than half of the people.

Define ‘minority rights.’

Constitutional protections for individuals and groups not in the majority.

Which amendment protects freedom of religion (Free Exercise Clause) , speech, press, assembly, and petition?

The 1st Amendment.

Which amendment protects the right to keep and bear arms?

The 2nd Amendment.

Which amendment prohibits quartering soldiers in private homes?

The 3rd Amendment.

Which amendment protects against unreasonable searches and seizures?

The 4th Amendment.

Which amendment guarantees the right against self-incrimination and to due process? Prohibits self-incrimination and double-jeopardy.

The 5th Amendment.

Which amendment guarantees a speedy, public jury trial with counsel (lawyer)?

The 6th Amendment.

Which amendment guarantees a trial by jury in civil cases exceeding $20?

The 7th Amendment.

Which amendment bans cruel and unusual punishment? Prohibits excessive fines and bail.

The 8th Amendment.

Which amendment protects unenumerated rights, such as privacy?

The 9th Amendment.

Which amendment reinforces federalism and reserves non-delegated powers to the states or the people?

The 10th Amendment.

Why are free, fair, and secure elections vital to democracy?

They legitimize power transfer, ensure equal participation, build trust, and prevent manipulation.

What is the Electoral College?

A body of electors chosen by each state to elect the President; 270 electoral votes are required to win.

If no presidential candidate wins 270 electoral votes, who chooses the President?

The U.S. House of Representatives chooses the President (the Senate chooses the Vice President).

List the basic steps in the voting process.

Registration, voting (in-person, absentee, or mail), tabulation/audit, certification.

What does ‘equal protection’ mean in constitutional law?

No person or group may be denied the same legal protections others receive.

Sovereign Immunity. Limits the ability of suing a state in federal court by citizens of another state or a foreign country without their consent.

11th Amendment.

Changed presidential elections to the president and vice president being elected together.

12th Amendment.

Abolished Slavery and involuntary servitude, except as punishment for crime.

13th Amendment.

Defines citizenship. Contains the privileges and immunity clause, Due Process Clause, and Equal Protection Clause. (Due process for all)

14th Amendment.

VOTING AMENDMENT regarding RACE.

Prohibits denial of the right to vote based on race and color. (All men, including Black men can vote)

15th Amendment.

Permits Congress to levy income tax without basing it on state or US Census. Tax = Sixteen.

16th Amendment.

Establishes election of Senators by popular vote. (se-se-seventeen… se-se-senators)

17th Amendment.

(Non- active amendment) Prohibits manufacturing and selling of Alcohol. Repealed by the 21st Amendment.

18th Amendment.

VOTING AMENDMENT regarding sex aka women.

Allowed women to vote. Prohibits the denial of the right to vote based on sex.

19th Amendment.

Changes the date on which the terms of the president, vice president, and congress members end and begin (Jan 20 and Jan 3)

20th Amendment.

Repealed prohibition aka the 18th Amendment. Makes it a federal offense to transport and import intoxicating liquors where prohibited in us state or territories.

21st Amendment.

Limits number of times a president can be elected. Cannot be elected more than twice. Passed during the Great Depression when FDR ran for a third time.

22nd Amendment.

Grants the federal District of Columbia (Washington D.C.) electors in the Electoral College.

(# of electors = # of least populous state in the U.S.)

23rd Amendment.

VOTING AMENDMENT regarding poll tax.

Prohibits and makes it illegal to charge a poll tax (tax on people who go to voting polls). Allows the people to vote without paying taxes.

24th Amendment.

Addresses the succession of office. Order of succession: President → Vice President → Speaker of the House of Representatives (Mike Johnson)

25th Amendment.

VOTING AMENDMENT regarding age.

Lowered the voting age from 21 to 18.

Prohibits the denial of the right of US citizens 18 or older to vote.

26th Amendment.

Delayed laws based on congressional salaries. If congress wants a salary increase it can go into effect after the next election of representatives. (Note: Congress has no term limit)

27th Amendment.