Constitutional Law Deck 1

Question 1

What is Constitutional law?

Answer 1

Constitutional law comes from the U.S. Constitution, which is the ‘supreme law of the land.’ Judicial decisions interpret the Constitution. All other laws must comply with the Constitution.

Question 2

What is Statutory law?

Answer 2

Statutory law consists of written laws enacted by legislative branches, declaring commands or prohibiting actions. Examples include the U.S. Code, the North Carolina General Statutes, or the Raleigh City Code.

Question 3

What is Common law?

Answer 3

Common law is judge-made law where judicial decisions establish rules and principles in the absence of legislative statutes or where laws need clarification.

Question 4

What is Substantive law?

Answer 4

Substantive law defines the rights and duties of citizens and is created by legislative or judicial action.

Question 5

What is Procedural law?

Answer 5

Procedural law specifies how substantive law is enforced, such as statutes about the issuance, execution, and return of search warrants.

Question 6

What does Article I of the Constitution establish?

Answer 6

Article I establishes the structure and functions of Congress.

Question 7

What does Article II of the Constitution establish?

Answer 7

Article II establishes the structure and functions of the Executive Branch.

Question 8

What does Article III of the Constitution create?

Answer 8

Article III creates the Supreme Court.

Question 9

What does Article IV of the Constitution define?

Answer 9

Article IV defines the duties that states owe each other.

Question 10

What does Article V of the Constitution provide?

Answer 10

Article V provides the procedures to amend the Constitution.

Question 11

What does Article VI of the Constitution contain?

Answer 11

Article VI contains the Supremacy Clause, stating that the Constitution, laws, and treaties of the United States are the supreme law of the land.

Question 12

What is Habeas corpus?

Answer 12

A writ of habeas corpus requires the person detaining a prisoner to go before a judge to prove the detention is legal, ensuring the quick release of an illegally detained person.

Question 13

What is the role of a Jury in criminal cases?

Answer 13

In criminal cases except impeachment, all must be tried by a jury.

Question 14

What are Bills of attainder?

Answer 14

Bills of attainder are special acts inflicting punishment on a person without judicial proceedings and are prohibited as they circumvent due process.

Question 15

What are Ex post facto laws?

Answer 15

Ex post facto laws are illegal as they attempt to make conduct illegal after the fact.

Question 16

What is the Bill of Rights?

Answer 16

The first ten amendments of the Constitution are called the Bill of Rights.

Question 17

What rights does the First Amendment guarantee?

Answer 17

The First Amendment guarantees freedom of religion, speech, press, assembly, and petition.

Question 18

What right does the Second Amendment guarantee?

Answer 18

The Second Amendment guarantees the right to bear arms.

Question 19

What does the Third Amendment prevent?

Answer 19

The Third Amendment prevents the quartering of troops in private homes.

Question 20

What does the Fourth Amendment prohibit?

Answer 20

The Fourth Amendment prohibits unreasonable searches and seizures, with the exclusionary rule making evidence from illegal searches inadmissible in court.

Question 21

What rights does the Fifth Amendment specify?

Answer 21

The Fifth Amendment specifies rights of persons accused of crimes, including double jeopardy, self-incrimination, and due process.

Question 22

What rights does the Sixth Amendment specify?

Answer 22

The Sixth Amendment specifies the rights of the accused during criminal prosecution.

Question 23

What right does the Seventh Amendment guarantee?

Answer 23

The Seventh Amendment guarantees the right to a trial by jury in civil cases.

Question 24

What protections does the Eighth Amendment provide?

Answer 24

The Eighth Amendment protects against excessive bail, excessive fines, and cruel and unusual punishment.

Question 25

What does the Ninth Amendment state about fundamental rights?

Answer 25

The Ninth Amendment states that people have fundamental rights not necessarily specified in the Constitution, including privacy in marriage, interstate travel, and political participation.

Question 26

What does the Tenth Amendment reserve?

Answer 26

The Tenth Amendment reserves powers not granted to the federal government to the states or the people.

Question 27

What is the Establishment clause of the First Amendment?

Answer 27

The Establishment clause of the First Amendment states the government may not require or enforce religious observations.

Question 28

What is the Free exercise clause of the First Amendment?

Answer 28

The Free exercise clause of the First Amendment states that citizens have the right to worship freely, though criminal acts during religious ceremonies can be prohibited.

Question 29

What are the restrictions on speech under the First Amendment?

Answer 29

The government may place time, place, and manner restrictions on speech, but these must be narrowly tailored, content-neutral, and leave open alternative communication channels.

Question 30

What types of speech are not protected under the First Amendment?

Answer 30

Obscenity, fighting words, threats, and incendiary speech are not protected under the First Amendment.

Question 31

What does the Double jeopardy provision of the Fifth Amendment protect against?

Answer 31

The Double jeopardy provision protects against repeated trials for the same offense, with jeopardy attaching when the jury is impaneled and sworn or when the first witness is sworn in a non-jury trial.

Question 32

What is the right to Self-incrimination under the Fifth Amendment?

Answer 32

The right to Self-incrimination under the Fifth Amendment gives people the ‘right to silence,’ preventing the government from compelling self-testimony.

Question 33

What is Due process under the Fifth Amendment?

Answer 33

Due process under the Fifth Amendment protects citizen rights against state infringement.

Question 34

What are the two types of due process guaranteed by the Fourteenth Amendment?

Answer 34

Procedural due process guarantees notice and a hearing before depriving a person of life, liberty, or property, while substantive due process ensures fairness in these proceedings.

Question 35

What is the Equal protection clause of the Fourteenth Amendment?

Answer 35

The Equal protection clause requires the government to apply its laws equally to all people.