1
Which court system has exclusive jurisdiction on cases arising under the Constitution?
Federal court system
What court hears appeals?
Appellate courts
Which branch can declare war?
The legislative branch
This clause establishes separation between Church and State
The Establishment Clause
Give an example of a legitimate limit on freedom of speech.
Limits on speech that incites violence or lawlessness, libel, slander
Your First Amendment rights
Freedom from government establishment of religion/ freedom to practice religion, freedom of speech, of the press, assembly and petition
What clause is the basis for implied powers?
The Necessary and Proper Clause
If a state passed a law that placed an additional tax only on people who moved to that state in the last 5 years, would that be a violation of procedural or substantive due process?
Substantive due process
How does the 1st Amendment right of assembly apply to private property?
It doesn't- there is no constitutionally protected right to assemble on private property
What option do you have to appeal if you lost at the Supreme Court?
Nothing
What did the "Miranda rule" establish?
You must be informed of your rights before you are questioned if you are in custody.
This amendment says that other rights not mentioned in the Constitution are still retained by the people.
The 9th Amendment
What limitations can governments place on assemblies/ protests?
Limits on time, place, and manner
Procedural or substantive due process violation- the government takes your property or puts you in jail without giving compensation, doesn't tell you why, etc.
Procedural due process
Which court exercises both original and appellate jurisdiction?
Supreme Court
What is something that only the federal government can do?
Anything in Article 1, Section 10- Sign treaties, coin money, tax imports or exports, go to war
What is a power that both federal and state governments have?
Collect taxes, establish courts, spend and borrow money, make laws
In some cases, the Supreme Court has found ordinances banning cross burnings because they inspire hatred based on “race, color, creed, religion or gender” unconstitutional content discrimination. Under what circumstances could cross burnings be banned?
When they constitute a "true threat"
Whose side did the outcome of the debate over chartering a national bank and the outcome of the Supreme Court case, McCulloch v. Maryland, about the constitutionality of chartering a second national bank support- strict constructionists or loose constructionists?
Loose constructionists
What does the exclusionary rule state?
That evidence gained as the result of an illegal act by police cannot be used in court.
What is an example of a reserved state power not mentioned in the Constitution?
(Anything not granted to specifically to federal government in the Constitution)
What is the difference between the commerce power and the currency power?
Commerce power deals with trade between states and internationally, currency power deals with the monetary system
The Lemon test states that (1) a law must have a secular, not religious, purpose; (2) it must neither advance nor inhibit religion; and (3) it must not foster an 'excessive entanglement' of government and religion. According to this test, can religious schools receive public aid?
In very limited cases (Cochran v. Louisiana, state funding of textbooks in both public and private schools, based on student benefit rather than school benefit. Most public aid is unconstitutional.
What did the outcome of the debate over chartering a national bank and the outcome of the Supreme Court case, McCulloch v. Maryland, about the constitutionality of chartering a second national bank say about implied powers?
Affirmed their existence, allowed for expansion of their use
How many members are in the House of Representatives and how many in the Senate?
435/ 100