1. What is constitutional law?
Constitutional law is concerned with the interpretation and application of the U.S. Constitution. It deals with the powers of the government and the rights of individuals.
2. What are the branches of government established by the Constitution?
The Constitution established three branches: legislative (Congress), executive (President), and judicial (Supreme Court).
3. What is the purpose of the Bill of Rights?
Also read:
- https://swiftlawadvisor.com/20-constitutional-rights-you-might-not-know-you-have/
- https://swiftlawadvisor.com/40-insights-into-how-the-constitution-impacts-daily-life/
- https://swiftlawadvisor.com/25-landmark-constitutional-cases-that-shaped-the-nation/
The first ten amendments are known as the Bill of Rights, and they protect individual freedoms and limit government power.
4. What is judicial review?
Judicial review is the power of the Supreme Court to declare laws and actions unconstitutional. It was established in Marbury v. Madison (1803).
5. What is the Commerce Clause?
It is a clause found in Article I, Section 8, that grants Congress the right to regulate commerce between states and with foreign nations.
6. What does the Equal Protection Clause protect?
The Fourteenth Amendment prohibits any state from denying to any person equal protection under the law.
7. What is the Due Process Clause?
Found in the Fifth and Fourteenth Amendments, it guarantees procedural due process and substantive due process protections.
8. Can the Constitution be amended?
Yes, by proposal of two-thirds of Congress or a convention, and ratification by three-fourths of the states.
9. What is the Supremacy Clause?
Article VI makes the Constitution and federal laws supreme over state laws.
10. What are implied powers?
Powers not spelled out in the Constitution but reasonably necessary to carrying out enumerated powers (e.g., establishment of a national bank).
11. What does the Tenth Amendment mean?
It keeps for the states or to the people all powers not delegated to the federal government.
12. What are checks and balances?
A method that makes sure no part of the government becomes too powerful and each branch has some checks on the other branches.
13. What is the right of privacy?
This is not directly stated but is reserved through various amendments, especially the Fourth, Fifth, and Ninth.
14. What does the Constitution say about speech?
The Constitution protects free speech but allows restraints on obsenity, incitement and threats.
15. What’s the Establishment Clause?
The government cannot establish an official religion under the First Amendment, nor preference one religion above another.
16. What is the Free Exercise Clause?
Freedom to practice and express religion has been protected for individuals under the First Amendment as long as limitations are placed against public safety and welfare.
17. What does the Second Amendment protect?
Right to bear arms subject to regulations.
18. What is double jeopardy?
One cannot be tried twice for the same offense upon acquittal or conviction.
19. What is self-incrimination?
A right protected in criminal cases wherein one cannot be forced to testify against himself or herself.
20. What is habeas corpus?
A legal principle ensuring that individuals cannot be detained without being brought before a court.
21. Can states violate individual rights?
States cannot violate rights guaranteed by the Constitution, particularly those incorporated through the Fourteenth Amendment.
22. What is incorporation?
The process by which most Bill of Rights protections are applied to the states through the Fourteenth Amendment’s Due Process Clause.
23. What is the significance of the Ninth Amendment?
It recognizes that individuals have rights beyond those enumerated in the Constitution itself.
24. What is the distinction between procedural and substantive due process?
Procedural: Guarantees the fair administration of legal process.
Substantive: Shields fundamental rights from government interference.
25. Can Congress delegate its powers?
Congress can cede specific powers to other branches or agencies but cannot cede its core legislative powers.
26. What’s so special about “one person, one vote”?
It requires electoral districts to have nearly equal populations, established in Reynolds v. Sims (1964).
27. May the government restrict freedom of assembly?
Yes, but such restrictions must be content-neutral, narrowly tailored, and serve a significant public interest.
28. What is prior restraint?
Preventing speech or publication before it happens, usually unconstitutional except in extreme circumstances (national security).
29. How are treaties viewed under constitutional law?
Treaties which are negotiated by the President, and are ratified by the Senate have the same force as federal laws.
30. What is the role of the Constitution in modern life?
It is the supreme law, the guide of governance, protector of individual rights, and a leader in working out today’s challenges through its interpretation and amendment.
