Exam Prep

Question 1

Declaration of Independence 1776

Answer 1

Separate US needed from Monarchy of Great Britain; Individual Rights Violated by king; natural rights exist in this world.

Question 2

The Articles of Confederation 1781-1788

Answer 2

First Constitution Failed; no ability to tax (voluntary); no President or Executive; no central government as each state maintained sovereignty; ONE vote per state in Congress; all states to change the doc

Question 3

The US Constitution 1788

Answer 3

Popular Sovereignty; Federalism; Checks and Balances; Separation of Powers; Republicanism; NO MENTION OF Judicial Review for courts; Bill of Rights not an original part (agreed to be added to gain some anti-federalist support)

Question 4

Federalist #10 (1787)

Answer 4

Mischiefs of factions can not be eliminated, but curbed; representative and pluralist
democracy; factions would neutralize one another; Republic>Democracy in large nation.

Question 5

Brutus #1 (1787)

Answer 5

Constitution threatens states; necessary and proper clause and supremacy clause are both too expansive; country too large to elect a group to represent everyone; country too diverse as is; 13 states can NOT be 1.

Question 6

Federalist #51 (1788)

Answer 6

Separation of powers guards against tyranny; bicameral legislature elected differently with different powers ensures branch doesn’t dominate; checks and balances should cause branches to compete with one another.

Question 7

Federalist #70 (1788)

Answer 7

One person executive ensures unity and accountability; energetic person; need to place blame on ONE person is easier than the blame game a group might cause;

Question 8

Federalist #78 (1788)

Answer 8

Judicial branch being independent is essential to securing liberties; serving for life w/good behavior ensures a judicial branch free from legislative interference and politics; assumes judicial review is coming

Question 9

Letter From a Birmingham Jail by MLK (1963)

Answer 9

Dr King’s response to “A Call For Unity”, a letter penned by Southern White clergy;Social movements expand civil rights; NONVIOLENT direct action as a final means; postponed until after election to not bias the result or taint the movement as a mere political stunt;

Question 10

McCulloch v. Maryland

Answer 10

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law (result/significance: Congress has IMPLIED powers to create a necessary and proper bank)

Question 11

United States v. Lopez (1995)

Answer 11

Congress may NOT use the commerce clause to make possession of a gun in a school zone a federal crime.

Question 12

Engel v. Vitale (1962)

Answer 12

Struck down state-sponsored prayer in public schools. Ruled that the Regents’ prayer was an unconstitutional violation of the ESTABLISHMENT CLAUSE.

Question 13

Wisconsin v. Yoder

Answer 13

Amish people refused to send their children to school past the 8th grade when the state required public schooling for all children until age 16. Significance/ Result: This law is in conflict with the FREE EXERCISE CLAUSE. The statute is in direct conflict with Amish beliefs. The Amish may teach themselves.

Question 14

Tinker v. Des Moines (1969)

Answer 14

Guaranteed a student’s FIRST AMENDMENT right to protest (wearing armbands).

Question 15

New York Times v. US

Answer 15

Supreme Court case protecting the FREEDOM OF THE PRESS by allowing the New York Times to publish the “Pentagon Papers” despite the Justice Department’s order to restrict it

Question 16

Schenck v. US (1919)

Answer 16

Oliver Wendell Holmes; clear and present danger test; shouting “fire” in a crowded theater; limits on speech, esp. in wartime.

Question 17

Gideon v. Wainwright (1963)

Answer 17

Supreme Court case in which the Court ruled that a defendant in a felony trial must be provided a lawyer free of charge if the defendant cannot afford one.

Question 18

Roe v. Wade (1973)

Answer 18

The court legalized abortion by ruling that state laws could not restrict it during the first three months of pregnancy. Based on 4th Amendment rights of a person to be secure in their persons.

Question 19

McDonald v. Chicago

Answer 19

The right of an individual to “keep and bear arms” protected by the 2nd Amendment is incorporated by the due process clause of the 14th Amendment and applies to the states.

Question 20

Brown v. Board of Education

Answer 20

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Question 21

Citizens United v. FEC (2010)

Answer 21

Corporations have a 1st Amendment right to expressly support political candidates for Congress and the White House.

Question 22

Baker v. Carr (1962)

Answer 22

Established the principle of “one person, one vote” and made such patterns of representation illegal. The Court asserted that the federal courts had the right to tell states to reapportion their districts for more equal representation.

Question 23

Shaw v. Reno (1993)

Answer 23

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

Question 24

Marbury v. Madison (1803)

Answer 24

Established judicial review; “midnight judges;” John Marshall; power of the Supreme Court.

Question 25

1st Amendment

Answer 25

Freedoms of speech, press, religion, assembly, and right to petition the government.

Question 26

2nd Amendment

Answer 26

Right to bear arms.

Question 27

4th Amendment

Answer 27

Freedom from unreasonable searches and seizures.

Question 28

5th Amendment

Answer 28

Due process rights (right to fair justice, and freedoms from self incrimination). Also, one cannot be tried twice for the same crime. This is a freedom from “double-jeopardy.”

Question 29

6th Amendment

Answer 29

Right to a fair trial and attorney.

Question 30

10th Amendment

Answer 30

Division of powers between the states and federal government (called federalism).

Question 31

13th Amendment

Answer 31

Abolition of Slavery.

Question 32

14th Amendment

Answer 32

Equality and Due Process Clause.

Question 33

15th Amendment

Answer 33

Universal Male Suffrage. (all men can vote)

Question 34

16th Amendment

Answer 34

Graduated Income Tax. (cogress can collect income tax)

Question 35

17th Amendment

Answer 35

Direct Election of Senators.

Question 36

19th Amendment

Answer 36

Women’s Suffrage. (all women can vote)

Question 37

25th Amendment

Answer 37

Two Term Limit for Presidents.

Question 38

22nd Amendment

Answer 38

Clarified succession of the President, and vacancy of Vice President’s office.

Question 39

26th Amendment

Answer 39

Lowered the voting age to 18 in 1971, as Vietnam War soldiers were not old enough to vote.