American Democracy & Constitutional Foundations – Review Flashcards

Question-and-answer flashcards covering key concepts from the lecture notes, including constitutional principles, branches of government, Enlightenment influences, federalism, due process, civil liberties, landmark Supreme Court cases, and the U.S. electoral system.

What document is considered the “supreme law of the land” in the United States?

The U.S. Constitution

Which branch of government introduces and passes federal laws?

The Legislative Branch (Congress)

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

435 representatives

How many senators does each state have in the U.S. Senate?

Two senators per state (100 total)

Which branch of government enforces federal laws?

The Executive Branch (headed by the President and Vice President)

Which branch of government interprets laws and decides their constitutionality?

The Judicial Branch (headed by the Supreme Court)

Who currently serves as Chief Justice of the United States?

John Roberts

What Enlightenment concept states that governments derive their legitimacy from the consent of the governed?

The Social Contract

Which philosopher’s ideas of natural rights—life, liberty, and property—influenced the Declaration of Independence?

John Locke

Which Enlightenment thinker championed separation of powers and checks and balances?

Baron de Montesquieu

What are the first three Articles of the Constitution primarily about?

Article I – Legislative branch, Article II – Executive branch, Article III – Judicial branch

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

Federalist No. 47

Define ‘Rule of Law.’

The principle that everyone, including government officials, must follow the law.

What is procedural due process concerned with?

Fair procedures the government must follow before depriving life, liberty, or property.

What is substantive due process concerned with?

Whether the government’s laws themselves unjustly infringe fundamental rights, even if procedures are fair.

Which two constitutional amendments explicitly contain Due Process Clauses?

The 5th Amendment and the 14th Amendment

What clause of the 14th Amendment requires states to treat individuals equally under the law?

The Equal Protection Clause

What principle states that ultimate political power resides with the people?

Popular Sovereignty

Which phrase in the Constitution’s Preamble embodies popular sovereignty?

“We the People”

What system divides power between national and state governments?

Federalism

Which clause in Article VI makes federal law superior to state law?

The Supremacy Clause

Which clause in Article I, Section 8 gives Congress implied powers?

The Necessary and Proper (Elastic) Clause

Which clause allows Congress to regulate interstate trade and has expanded federal power?

The Commerce Clause

Name two landmark Supreme Court cases that strengthened federal supremacy through the Supremacy Clause.

McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824)

What early English document first introduced due process and limited the king’s power?

Magna Carta (1215)

Which 1776 pamphlet by Thomas Paine urged American independence and argued that power should come from the people?

Common Sense

Why did the Framers reject pure (direct) democracy?

They feared mob rule and wanted to protect minority rights through a representative system.

Define constitutionalism.

The principle that government authority is derived from and limited by a constitution.

What is majority rule in a democracy?

Decisions are made by more than half of the voters.

What are minority rights?

Protections for individuals or groups not in the majority, ensuring their basic liberties cannot be infringed by majority vote.

What does the 1st Amendment protect?

Freedom of religion, speech, press, assembly, and petition.

Which amendment reserves powers not delegated to the federal government to the states or the people?

10th Amendment

Which amendment protects against unreasonable searches and seizures?

4th Amendment

Which Supreme Court case required states to provide lawyers for indigent criminal defendants?

Gideon v. Wainwright (1963)

Which amendment prohibits cruel and unusual punishment?

8th Amendment

Name the Supreme Court case that declared “separate but equal” unconstitutional in public schools.

Brown v. Board of Education (1954)

What principle states that elections allow peaceful transfers of power and legitimate governance?

Free, fair, and secure elections

Who runs elections under Article I, Section 4 of the Constitution?

States, though Congress may alter state rules when needed.

How many electoral votes are needed to win the U.S. presidency?

270 electoral votes

If no presidential candidate wins an Electoral College majority, who selects the President?

The U.S. House of Representatives

What is the primary purpose of checks and balances?

To allow each branch of government to limit the powers of the others, preventing tyranny.

Which two Supreme Court cases limited the death penalty for minors and intellectually disabled individuals?

Roper v. Simmons (2005) and Atkins v. Virginia (2002)

What key clause of the 1st Amendment prohibits government establishment of religion?

The Establishment Clause

What key clause of the 1st Amendment protects individuals’ right to practice religion freely?

The Free Exercise Clause

Which Supreme Court case banned mandatory prayer in public schools?

Engel v. Vitale (1962)

What founding document first stated that governments derive “their just powers from the consent of the governed”?

The Declaration of Independence

Define ‘laboratories of democracy’ in the context of federalism.

The idea that states can experiment with policies before they are adopted nationally.

What 1965 law sought to eliminate racial discrimination in voting?

The Voting Rights Act of 1965

Which clause of the Constitution prohibits quartering of soldiers in private homes during peacetime without consent?

3rd Amendment

What is eminent domain and which amendment addresses it?

Government’s power to take private property for public use with compensation; addressed in the 5th Amendment

Which amendment recognizes that citizens have rights beyond those explicitly listed in the Constitution?

9th Amendment

What is the distinction between a democracy and a republic?

Democracy is rule directly by the people; a republic is government by elected representatives under a rule of law.

Which early colonial document was an early example of self-government and social contract in America (1620)?

The Mayflower Compact

What is equal protection and where is it found?

The guarantee that no person or group will be denied the same legal protections as others; found in the 14th Amendment

What level of judicial scrutiny is applied to laws involving race under the Equal Protection Clause?

Strict scrutiny

Name two core motivations behind separation of powers in the U.S. Constitution.

Preventing tyranny and protecting individual liberty

What does “living Constitution” refer to?

The idea that constitutional interpretation can adapt over time through amendments and judicial review.

Which amendment guarantees the right to a jury trial in civil cases exceeding $20?

7th Amendment

Which clause gives Congress the power to “regulate Commerce… among the several States”?

The Commerce Clause

What founding era document first formally limited the English monarch’s powers and inspired American constitutionalism?

The English Bill of Rights (1689)