U.S. Constitution
This section of the Constitution makes up over 50% of its total word count. It primarily describes the structure, function, and powers of the federal legislative branch.
What is Article I?
This was the first constitution of the United States, in effect from 1781 to 1789. It established a very limited national government and delegated most powers to the individual states.
What were the Articles of Confederation?
This principle of government refers to the division of power between the federal and state governments under the Constitution.
What is federalism?
In Federalist No. 51, Madison argues that these two constitutional principles will prevent the federal government from becoming tyrannical.
What are the separation of powers and checks and balances?
In Marbury v. Madison (1803), the Supreme Court established this principle, which allows it to invalidate actions by Congress, the executive branch, or the states that violate the Constitution.
What is judicial review?
This enumerated power of Congress has served as the basis for hundreds of landmark federal laws including the majority of FDR's "New Deal" programs, the Civil Rights Act of 1964, the Clean Air Act of 1970, and the Gun-Free School Zones Act of 1990.
What is the power to regulate interstate commerce?
This principle of government is reflected in this famous line from the Declaration of Independence: "Governments are instituted among men, deriving their just powers from the consent of the governed."
What is popular sovereignty?
(Also acceptable: republicanism)
The federal bureaucracy issues these legally enforceable rules to implement and enforce laws passed by Congress; state bureaucracies issue similar rules to enforce laws passed by their state legislatures.
What are regulations?
This Federalist Paper argues that large republic is the best system of government for the United States, as its diversity will help dilute the influence of factions and protect minority rights from the tyranny of the majority.
What is Federalist 10?
The Supreme Court’s decision in United States v. Lopez (1995) relied on this constitutional amendment to argue that Congress had overstepped its Commerce Clause powers and infringed on the states’ general “police powers” by passing the Gun-Free School Zones Act of 1990.
What is Amendment X (10)?
The Constitution contains these two clauses with nearly identical wording: one in the Fifth Amendment and another in the Fourteenth Amendment. Together, they broadly protect civil liberties from infringement by federal, state, and local governments.
What are the Due Process Clauses of the Fifth and Fourteenth Amendments?
The national government’s inability to tax, regulate interstate commerce, or effectively raise an army under the Articles of Confederation ultimately led to this event in 1786, which convinced many leaders that major reforms were necessary for the country’s survival.
What was Shays' Rebellion?
Because ending a filibuster in the U.S. Senate requires this many votes, reaching a final vote on bills involving controversial topics is typically rare.
What is 60 votes?
In Federalist 70, Alexander Hamilton argues this feature of the executive is essential for effective leadership and the protection of the people's rights.
What is a single (unitary) executive?
This phrase refers to the Supreme Court’s practice of relying on precedent to guide its decisions in current cases.
What is stare decisis? ("Let the decision stand")
This core presidential power is used to significantly shape the direction of the executive branch and U.S. foreign policy, as well as the composition of the Supreme Court and the broader federal judiciary.
What is the appointment power?
This compromise at the Constitutional Convention created a bicameral national legislature, with representation based on each state’s population in one chamber and equal representation for all states in the other.
What is the Connecticut (or Great) Compromise?
This type of funding is provided by the federal government to the states, often with “strings attached” to encourage the states to adopt policies favored by the federal government.
What are grants (or grants-in-aid)?
In Federalist 78, Alexander Hamilton argues that this constitutional protection found in Article III helps ensure judicial independence.
In McCulloch v. Maryland (1819), the Supreme Court interpreted these two constitutional clauses to significantly expand federal power.
What are the Necessary and Proper (Elastic) and Supremacy Clauses?
In Plyler v. Doe (1982), the Supreme Court relied on this constitutional clause to strike down state laws denying children of undocumented immigrants access to public education.
What is the Equal Protection Clause of the Fourteenth Amendment?
The "List of Grievances" in the Declaration of Independence exemplifies this First Amendment right (other than freedom of speech).
What is the right to petition the government?
This procedure, which requires a majority vote of the chamber’s members, is used in the House of Representatives to force a vote on a bill that is stuck in committee. It was recently used to force a vote on the Epstein Files Transparency Act.
What is a discharge petition?
In Brutus 1, Brutus argues that this system of government is best for the United States because it allows individual states to make policies that reflect the needs of their populations.
What is a confederacy (or confederation)?
In Baker v. Carr (1962), the Supreme Court ruled that questions about apportionment and redistricting fall into this category and can be decided by the courts.
What are justiciable (or legal) questions?