Constitutional Clauses
This clause from Article 1 gives Congress implied authority to make laws.
What is the "necessary and proper" clause?
This power of the Supreme Court was established in Marbury v. Madison.
What is judicial review?
This refers to the process of SCOTUS applying the Bill of Rights to the states.
What is selective incorporation?
McDonald v. Chicago debated if this Bill of Rights amendment could be applied to the states.
What is the 2nd Amendment?
In the Court's decision in Gitlow v. New York, it set a precedent by doing this for the first time.
What is incorporating the Bill of Rights to the states?
This clause from the 1st Amendment prohibits the government from restricting the practice of religion.
What is the free-exercise clause?
This power of Congress allows them to ensure that bureaucratic agencies are carrying out laws properly. This power is exercised through investigation, hearings, and the power of the purse.
What is oversight?
The idea that we must be formally charged with a crime by a grand jury is found in this amendment.
What is the 5th Amendment?
In this SCOTUS decision, the Court exempted a group of Amish students from having to follow a compulsory education law.
What is Wisconsin v. Yoder?
In Brandenburg v. Ohio, the Court created a new test to determine if this right can be restricted.
What is freedom of speech? (Imminent Lawless Action)
This clause was used to justify the passage of the Gun Free School Zones Act of 1990. This law was the subject of the U.S. v. Lopez decision.
What is the commerce clause?
This informal presidential power involves coming to some kind of understanding with a foreign nation. This action would not be approved by the Senate.
What is an executive agreement?
The "clear and present danger" test is used by SCOTUS to determine if this freedom may be restricted by the government.
What is freedom of speech?
These two Constitutional clauses were debated by the Court in McCulloch v. Maryland.
What are the "necessary and proper" clause and the "supremacy" clause?
In its decision in Gregg v. Georgia, SCOTUS made a determination about this amendment.
What is the 8th Amendment? (Death penalty)
The Supremacy Clause is located in this article of the Constitution.
What is Article 6?
This is the process by which Congress may override a presidential veto.
What is a 2/3 vote in both Houses of Congress?
SCOTUS affirmed in New York Times Co. v. United States that this is "presumptively unconstitutional."
What is prior restraint?
This SCOTUS decision stated that issues of redistricting were "justiciable."
What is "Baker v. Carr"?
The Court's ruling in District of Columbia v. Heller, directly led to its ruling two years later in this required case.
What is McDonald v. Chicago?
This clause, located in Article 4, deals with the relationships between states.
What is the "full faith and credit" clause?
The passage of the Americans with Disabilities Act is an example of this federal power that involves forcing the states to do something.
What is an unfunded mandate?
This test is used by SCOTUS to determine if the establishment clause of the 1st Amendment has been violated.
What is the Lemon Test?
In Schenck v. United States, the Court debated whether or not this law was Constitutional.
What is the Espionage Act?
The Court's ruling in Miranda v. Arizona, clarified a section of this amendment.
What is the 5th Amendment? (Self-Incrimination)