comp #2
Amendments and Selective Incorporation
Q: What is the Amendment Process?
A: Amendments can be proposed by 2/3 of Congress or 2/3 of states, then must be ratified by 3/4 of state legislatures or conventions.
Q: What are the Bill of Rights?
A: The first 10 Amendments to the Constitution, protecting individual rights such as freedom of speech, religion, press, assembly, right to bear arms, due process, trial rights, and protection from cruel punishment.
Q: What rights are in later amendments?
A: Examples include abolition of slavery (13th), citizenship and equal protection (14th), voting rights (15th, 19th, 26th), term limits (22nd), and lowering voting age to 18 (26th).
Q: How does the Constitution safeguard and limit individual rights?
A: Safeguards include rights in the Bill of Rights; limits include restrictions for public safety, national security, and order (e.g., limits on free speech such as incitement).
Q: What does the 10th Amendment do?
A: The 10th Amendment reserves powers not delegated to the federal government to the states or the people.
Q: How have amendments impacted civic participation?
A: Amendments expanded voting rights (15th, 19th, 26th), limited government power (22nd), and strengthened equality (14th).
Q: What is selective incorporation?
A: The process where the Supreme Court applies protections from the Bill of Rights to the states through the 14th Amendment’s Due Process Clause.
Federalists vs Anti-Federalists
Q: What did Federalists support?
A: Federalists supported ratification of the Constitution, favoring a stronger national government to maintain unity and stability.
Q: What did Anti-Federalists oppose?
A: Anti-Federalists opposed ratification without a Bill of Rights, fearing a too-powerful central government that threatened individual liberty and state sovereignty.
Q: Why was the Bill of Rights added?
A: To address Anti-Federalist concerns, safeguard personal freedoms, and secure ratification of the Constitution.
Clauses of the Constitution
Q: What is the Supremacy Clause?
A: Found in Article VI, it makes the Constitution, federal laws, and treaties the supreme law over state laws.
Q: What is the Full Faith and Credit Clause?
A: Found in Article IV, it requires states to recognize the public acts, records, and judicial proceedings of other states.
Q: What is the Commerce Clause?
A: Found in Article I, Section 8, it gives Congress power to regulate trade with foreign nations, among states, and with Native tribes.
Q: What is the Emoluments Clause?
A: It prohibits federal officials from receiving gifts, payments, or titles from foreign states without congressional consent.
Q: What is the Due Process Clause?
A: Found in the 5th and 14th Amendments, it guarantees fair legal procedures and protects against deprivation of life, liberty, or property without due process of law.
Q: What is the Equal Protection Clause?
A: Found in the 14th Amendment, it requires states to provide equal protection under the law to all citizens.
Q: What is the Necessary and Proper (Elastic) Clause?
A: Found in Article I, Section 8, it gives Congress the power to pass laws needed to carry out its expressed powers.
Q: What are the First Amendment Clauses?
A: Includes the Establishment Clause (no official religion), Free Exercise Clause (freedom of religion), Free Speech, Free Press, Assembly, and Petition.