40 Constitutional Law Questions You Should Be Able to Answer

General Constitutional Law

What’s constitutional law?

The body of law meant to interpret and apply the Constitution as it regulates the structure of government and protects citizens’ rights.

What does a constitution do?

It organizes the framework of government, defines powers and responsibilities, and protects fundamental rights.

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What are the three branches of government?

They are the legislative, which makes the laws; the executive, which enforces the laws; and the judicial, which interprets the laws.

What’s judicial review?

Courts are granted the authority to strike down acts of the legislature or the Executive which are found unconstitutional under the case of Marbury v. Madison.

Federalism

Power sharing between a central government and states, leaving certain powers strictly with each

Rights of the Individual

Bill of Rights

The first ten amendments to the United States Constitution; these deal with basic rights and liberties and some protections.

Freedom of speech:

Freedom of speech: The First Amendment protects people’s rights to express opinions without government interference, subject to limitations like incitement.

Freedom of religion: The First Amendment guarantees the free exercise of religion and prohibits government establishment of religion.

Right to privacy: Although not stated in the Constitution, it is inferred from amendments like the Fourth (searches and seizures) and Fourteenth (due process).

Due process?

The Fifth and Fourteenth Amendments provide due process in governmental and judicial actions.

Powers of Government

What is the Commerce Clause?

A clause in Article I, Section 8, that grants Congress the authority to regulate commerce among states, with foreign nations, and with Native American tribes.

What is the Necessary and Proper Clause?

Empowers Congress to enact laws necessary to carry out its enumerated powers.

What is the Supremacy Clause?

States that the federal Constitution, acts of Congress, and treaties supercede state statutes.

What is the Tenth Amendment?

Saves powers to the states or the people if they have not been delegated to the federal government.

What is the separation of powers?

Deals with division of government authority amongst the legislative, executive, and judicial branches, so as not to give in to abuse of powers.

Civil Rights

What is the Equal Protection Clause?

The Fourteenth Amendment ensures that no state shall deny any person equal protection under the law.

What is the right to vote?

Protected by several amendments (e.g., the Fifteenth, Nineteenth, and Twenty-Sixth), ensuring voting rights cannot be denied based on race, gender, or age (18+).

What is the right to bear arms?

The Second Amendment protects an individual’s right to own firearms, subject to regulation.

What is the Eighth Amendment?

Prohibits excessive bail, fines, and cruel and unusual punishment.

What is freedom of the press?

The right of the press to publish any information without any interference from the government, with exceptions such as national security concerns.

Legal Processes

What is habeas corpus?

A form of legal proceeding that ensures one cannot be put in jail and not be advised of the accusations against him nor be tried by a court of law.

What is double jeopardy?

The Fifth Amendment bars double jeopardy; that is, it bars any trial after an acquittal or conviction.

What is the right to a fair trial?

The Sixth Amendment ensures a speedy public trial by an impartial jury.

What are Miranda rights?

Miranda v. Arizona established the requirement that law enforcement inform people of their rights during an arrest.

What is the right to legal counsel?

The Sixth Amendment protects the right to an attorney even for those unable to afford one.

Amendments and Amendments

How is the Constitution amended?

Must receive a two-thirds vote in each house of Congress and ratification by three-fourths of the state legislatures or conventions.

What is the Fourteenth Amendment?

Expands protections by engrafting fundamental rights and applying them to state governments with equal protection and due process.

What is the First Amendment?

Guarantees freedoms of speech, religion, press, assembly, and petition.

What is the Thirteenth Amendment?

Abolished slavery and involuntary servitude, except as punishment for a crime.

What is the Nineteenth Amendment?

Granted women the right to vote.

Landmark Cases

What is the importance of Marbury v. Madison?

Established judicial review, affirming the judiciary’s role in interpreting the Constitution.

What is the significance of Brown v. Board of Education?

Declared racial segregation in public schools unconstitutional under the Equal Protection Clause.

What is Roe v. Wade?

Established a woman’s right to privacy in making decisions about reproduction, which was later overturned by Dobbs v. Jackson Women’s Health Organization.

What is Miranda v. Arizona?

Established the requirement that arrested individuals be informed of their constitutional rights.

What is Obergefell v. Hodges?

Guaranteed the right to same-sex marriage under the Equal Protection and Due Process Clauses.

Modern Issues

What is gerrymandering?

The manipulation of electoral district boundaries to favor a particular political party, subject to constitutional challenges.

What is voter suppression?

Practices that unfairly limit individuals’ ability to vote, often addressed under the Voting Rights Act and constitutional protections.

What are sanctuary cities?

Local governments that limit cooperation with federal immigration enforcement, raising constitutional questions about federalism.

What does it mean by executive orders?

Orders from the president on managing federal government operations and subject to review by the courts.

What rights do protests enjoy under the constitution?

The right to assemble peaceably is guaranteed by the First Amendment, even though the governments can place time, place, and manner limitations on them that are reasonable.

These questions broadly capture the core and application of constitutional law.

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