The Constitution & Federalism
What specific clause in the Constitution has been most frequently used to expand federal power?
The Commerce Clause
What test does the Supreme Court use to determine whether a law violates the Establishment Clause?
Lemon Test
What is the difference between trustee, delegate, and politico models of representation in Congress?
Trustee: Legislators use their own judgment. Delegate: Legislators follow constituents’ preferences. Politico: A mix of both, depending on the situation.
What is the difference between judicial activism and judicial restraint?
Judicial activism involves interpreting the Constitution in a way that reflects modern values, while judicial restraint emphasizes strict adherence to the text and precedent.
A large republic dilutes factions by making it harder for any single group to dominate government.
Fed 10
What constitutional principle allows states to challenge federal laws in court if they believe the federal government has overstepped its authority?
Nullification
What is the legal doctrine used to apply the Bill of Rights to the states, and what specific amendment allows for this process?
Selective incorporation through the Fourteenth Amendment
What procedural tactic is used by Senators to delay or block legislation, and what vote is required to end it?
A filibuster, which can be ended by cloture (60 votes).
What was the legal question at the heart of McCulloch v. Maryland (1819), and what was the ruling?
Whether Congress had the power to create a national bank; the Court ruled yes, based on the Necessary and Proper Clause.
A strong National Government would become too powerful and erode state authority and individual liberties.
Brutus 1
What is the difference between block grants and categorical grants, and which one is favored by states?
Block grants allow states more discretion, while categorical grants have specific spending requirements. States prefer block grants.
Which Supreme Court case ruled that racial gerrymandering violates the Equal Protection Clause.
Shaw v. Reno (1993)
What is the primary formal check that Congress has on the power of the federal bureaucracy?
Power of the purse (budget control and funding decisions)
What constitutional principle was strengthened in Gibbons v. Ogden (1824)?
The Commerce Clause, giving Congress broad power over interstate commerce.
"Ambition must be made to counteract ambition"—each branch should limit the others' power.
Fed 51
What is the difference between dual federalism and cooperative federalism
Dual federalism (layer cake) has clear separations of power, while cooperative federalism (marble cake) involves shared responsibilities
What constitutional provision was used in Gideon v. Wainwright (1963) to incorporate the right to legal counsel to the states?
The Sixth Amendment through the Due Process Clause of the Fourteenth Amendmen
How does the War Powers Resolution of 1973 attempt to limit presidential power?
The president must notify Congress within 48 hours of military action and withdraw troops after 60 days unless Congress grants an extension.
How did Baker v. Carr (1962) impact congressional redistricting?
established the "one person, one vote" principle, requiring districts to have roughly equal populations.
That an independent judiciary with life tenure is essential to prevent political influence and ensure fair rulings.
Fed 78
What Supreme Court case limited Congress’s use of the Commerce Clause by ruling that gun-free school zones were not an economic activity?
United States v. Lopez (1995)
What three tests does the Supreme Court use to evaluate whether laws that classify people based on race, gender, or other characteristics are constitutional, and which test is used for racial classifications?
What is an executive agreement, and how does it differ from a treaty?
An executive agreement is an international agreement made by the president without Senate approval, unlike a treaty, which requires Senate ratification.
In New York Times Co. v. United States (1971), the Supreme Court ruled on prior restraint and government censorship. What was the key constitutional issue in the case?
Whether the Nixon administration’s attempt to prevent the publication of the Pentagon Papers violated the First Amendment’s freedom of the press.
How does King differentiate between just and unjust laws?