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AP Review
Constitutional Underpinnings
&
Civil Liberties/Civil Rights

Name the clause that gives Congress
powers not specified in Constitution, but
are “necessary and proper” for carrying
out enumerated powers

Elastic clause

Constitutional sharing of power between
the central government and state
governments

Federalism

What type of federal power is assumed to
be an appropriate power even if not
specified constitutionally by virtue of being
a national govt.?

Inherent power

System in which each branch of
government can limit the other two, such
as a veto limiting congressional lawmaking authority

Checks and balances

Federally granted money to states for
broad purposes (education) rather than
narrow (school lunch program)

Block grant

Grants of power to Congress in Article I,
section 8 of the Constitution, including the
power to tax
Enumerated powers
 Expressed powers


Type of federalism in which national and
state governments are coequal, each
dominant within its respective sphere

Dual federalism

Federal supply of money to states with
more government strings and controls
attached

Categorical grant

Federal grants-in-aid preferred by
Republicans

Block Grants

In what level of government do
Decentralists favor the concentration of
power?

States

Collection of 85 essays written by
Hamilton, Madison, and Jay to persuade
New York to adopt the Constitution

Federalist Papers

Federal requirements imposed on states.
Some are unfunded, placing compliance
burdens on state budgets

Mandates

Form of federalism in which state
governments work with the federal
government to implement and/or fund
federal programs
Cooperative federalism
 Marble cake federalism


The clause that gives the federal
government expansive powers to help
carry out its enumerated powers, such as
establishing the first Bank of the United
States
Elastic Clause
 Necessary and Proper Clause


The 1786 Massachusetts farmers revolt
seeking to end farm foreclosures and led
to the call for a Constitutional Convention

Shays’ Rebellion

10th Amendment clause that states power
not granted the federal government nor
denied the states will be retained by the
states

Reserved powers

Supreme Court case that established the
Court’s power to declare law and
presidential acts unconstitutional

Marbury v Madison

Which is NOT associated with the
Republican Revolution?
1.
2.
3.
4.
5.

Newt Gingrich
Contract with America
Decentralism
104, 105th Congress
Loose construction on the Constitution
#5

Constitutional clause that requires one
state to accept the legally binding
contracts entered into within another state
– reason for concern among other states when
Massachusetts legalized gay marriage

Full faith and credit clause

A type of majority vote requiring more
than a simple majority of one more than
half, such as 3/5 to end a filibuster
(cloture) or 2/3 to override a veto or ¾ to
ratify a Constitutional amendment:

Supermajority

An 1818 Supreme Court case that
established national supremacy and
validated implied powers (when a state
challenged the national bank)

McCulloch v Maryland

Representative (or indirect) democracy
Republic
 Republican
 Republicanism


America’s first constitution

Articles of Confederation

Belief that a minority of economically or
politically well-connected people or groups
dominate the political process
Elite theory
 Elitism


Theory that political power is exercised by
many small interest groups battling for
influence, none of which could possibly
control the rest

Pluralism

Which of the following is NOT an
expressed federal power?
1.
2.
3.
4.
5.

Coin money
Negotiate treaties
Punish counterfeiters
Establish cities
Establish courts
#4

What supermajority is needed for
Congress to propose an amendment?

2/3

Theory that political leaders are most
influenced by the will of the people

Majoritarianism

Party that took control of Congress in
1994

Republican

Form of federalism marked by the Great
Depression

Cooperative federalism


Type of federalism wherein devolution of
power to the states was emphasized
New federalism

What are the TWO constitutional
justifications for dual federalism
10th Amendment
 Enumerated powers (granted, delegated,
expressed)


What constitutional clause has been used
most my Congress to increase influence
over states (ex: US v Lopez struck down
it’s overuse in Gun Free School Zones Act)

Commerce Clause

This required the CBO to analyze impact
of unfunded mandates on states and a
separate Congressional vote on bills that
impose them

Unfunded Mandates Reform Act

What do the following apply to?
1.
No power to tax
No Chief executive
No federal courts
Couldn’t regulate interstate commerce
No national currency
2.
3.
4.
5.

Weaknesses of the Articles of
Confederation
Would a centralist or decentralist agree
with the following statement?
 The Constitution was created by the
people, not the states!


Centralists

Would a centralist or decentralist approach
be more in line with a loose
constructionist perspective?

Centralist

A ¾ supermajority is needed to ratify an
amendment by what two methods?
State ratifying conventions
 State legislatures


Who would agree that the 10th
Amendment leaves states broad powers?

Decentralists

What constitutional principle is reflected
in the following?
1.
6.
Allows national unity
Allows state differences
Best for a geographically large nation
Frees national govt. to focus on truly national issues
Encourages legislative experimentation (Texas’ capital
punishment and Nevada’s legalization of gambling)
Keeps the government closer to the people

Federalism
2.
3.
4.
5.

Who opposed ratification of the
Constitution due to fear of a strong
national govt. and the concentration of
power in few hands?

Anti-federalists

What was the Antifederalist’s greatest
problem with the Constitution as it was
debated during the ratification phase?

No Bill of Rights
Name the constitutional principle:

The House passes a bill with a 67% vote,
but the bill dies when the Senate
Republicans filibuster the bill

Bicameralism
Name the constitutional principle:

The Senate holds confirmation hearings
on John Roberts when President Bush
appoints him as Chief Justice of the
Supreme Court

Checks and balances
Name the constitutional principle:

The executive branch enforces laws the
legislature makes

Separation of powers
Name the constitutional principle:

The House impeaches and the Senate
votes to convict and remove a president
from office

Bicameralism
Name the constitutional principle:

Article I; section 10 says that states shall
not have the power to enter into treaties
with foreign nations

Federalism

What type of federalism is characterized
by devolution?

New federalism

What type of grants to the states would
be favored by decentralists?

Block grants

What kind of constitutional interpretation
would allow a broad, expansive view of
the commerce clause?

Loose constructionist

From where are Congress’ implied powers
derived?
Elastic clause
 Necessary and proper clause


Which of the following is an argument
made by decentralists?
The Constitution begins with “We the
people”
2. States have been the most egregious
violators of the people’s civil rights
3. States are closer to the people
1.

#3

What principle of federalism does US v
Lopez and US v Morrison reflect?

Devolution

Which is an example of a federally
unfunded mandate?
Americans with Disabilities Act
2. Welfare reform Act
3. Unfunded Mandates Reform Act
1.
•
#1

Which is NOT true of the Welfare reform
Act of 1996?
Limited welfare recipiency to total of 5 years
2. Required a 25% reduction in total number
receiving welfare
3. Ended welfare as an entitlement program
4. Required welfare recipients to get work
within two years
1.

#2

What is the compromise between
Congressional election of the president
and a popular election?

Electoral College

What settled the debate about
representation between large and small
states?

Connecticut (Great) Compromise

What type of federalism began in the
1930s?
Cooperative federalism
 Marble cake federalism


1.
2.
3.

During the era of New Federalism, what
promised to:
Clean up corruption in Washington
Devolve power back to the states
Return a sense of responsibility back to
the federal govt.
Contract with America

How does fiscal federalism manifest itself
as exercised by Democrats?

In the use of categorical grants
Supreme Court Justice, Louis Brandeis
once said the Constitution was not meant
to create efficiency, but friction.
 To what was he referring?

Limited government
 Checks and balances
 Intended difficulty making laws


Which is NOT a shared power?
1.
2.
3.
4.
5.

Creating courts
Establishing voting requirements
Borrowing money
Taxing
Providing for the general welfare
#2

Which is NOT a denial of power to both
federal and state governments?
1.
2.
3.
4.
5.

Passing bills of attainder
Passing ex post facto laws
Regulating commerce within the state
Placing duties (taxes) on exports
Restrict political speech during war
#3

During the Philadelphia Convention, the
delegates from the more populated states
favored a plan created by James Madison,
called the:

Virginia Plan
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Civil Rights and Liberties

Applying provisions of the Bill of Rights to
the states on a case by case basis by
referencing the 14th Amendment’s due
process clause

Selective Incorporation

Spoken untruths that damage a reputation

Slander (not libel!)

When a court prevents expression before
it is expressed (ex: prohibiting a protest or
demonstration because it might become violent or
preventing a Newspaper from publishing a story that
harms the government)

Prior restraint
 1st
Amendment clause that prevents the
federal govt. from establishing a national
church – the basis for the separation of
church and state

Establishment clause

Court guidelines for determining if govt.
can make racial distinctions – allowed only
if narrowly tailored and serves compelling
govt. interest

Strict scrutiny

Court test to determine the
constitutionality of laws that infringe on
religion. Law must be secular in purpose,
can’t promote one religion over another
and can’t excessively entangle the govt.

Lemon Test
Supreme Court Cases

What did Abbington v Schemp end in
public schools?

Bible reading

Banned public school-sponsored prayer

Engle v Vitale

Banned Polygamy despite Free Exercise
clause of the 1st Amendment by claiming a
non-religious interest in the ban

Reynolds v US

Established if clear and present danger
exists, speech can be banned

Schenk v US

Established exclusionary rule

Mapp v Ohio

Ordered state courts to provide lawyers
for those unable to afford one

Gideon v Wainright

Privacy rights established (contraception),
set precedent for Roe later

Griswald v Connecticut

Established abortion rights with state
guidelines about trimesters

Roe v Wade

Struck down state law banning flag
burning, stating such was a protected
expression of symbolic speech

Texas v Johnson

Racial quotas in college admissions
banned, but kept race as one of many
factors to be considered

UC Regents v Bakke

What type of speech is most protected?

Political

Obscenity is not protected speech. The case/test
that established a set of rules for determining
what is obscene. Includes community standards
being violated, violation of state obscenity laws,
and material must lack Serious Literary, Artistic,
Political value (so-called SLAPs Test)
Miller v California
 Miller test


Which case overturned Plessy’s separate
but equal doctrine

Brown v Board of Education

What type of discrimination did the Brown
decision end?

De jure

What type of discrimination do separate
Black college dorms or racially categorized
groups on high school campuses
exemplify?

De facto discrimination

To what test does the Court apply gender
classifications?

Intermediate scrutiny

NAACP tactics was to avoid majoritarian
politics and instead, use what?

The courts

What amendment might the death penalty
potentially violate?
 8th
Amendment

Which Amendment prohibits the
government from unreasonable searches
and seizures?
 4th
Amendment

After arrest, where can an officer can
search for evidence other than that which
is in plain view?

In the immediate control of the suspect

What did the Mapp decision do that acts
to discourage police misconduct?

Exclusionary rule

What is the effect of the “good faith”
exception?

Evidence can be used in court

What gave the fed. govt. more power to
deal with terrorism (includes making it
easier to wiretap and monitor emails), but
weakened 4th Amendment protections?

Patriot Act

What was the case that reinforced the
idea that a suspect does not have to
incriminate himself (and shifted
responsibility from the accused to know
their rights to the state to inform the
accused of their rights)?

Miranda v Arizona

What Supreme Court case established the
SLAPS test?

Miller v California

For what kind of cases is the Miller/SLAPS
test used?

Obscenity

The “separate but equal” doctrine was
established by:

Plessy v Ferguson

Nationalizing provisions of the Bill of
Rights is the result of:

Selective incorporation

Where in the Constitution are civil rights
are protected?

14th Amendment’s equal protection clause

What Court case established the rule the
Court uses to determine which provisions
of the Bill of Rights will be nationalized?

Palko v Connecticut

What free speech and press case is
important as the 1st case to begin the
process of selective incorporation?

Gitlow v New York

Which (write the # only) of the following civil
liberties has NOT been selectively incorporated
into the due process clause?
1.
2.
3.
4.
5.
6.

Speech
Assembly
Trial by jury
Double jeopardy
Right to bear arms
Right to counsel
#5 (right to bear arms)

From what amendment has the Court
largely derived the concept of privacy
rights?
 4th
Amendment

What case established privacy rights (later
used in Roe)?

Griswald v Connecticut

What case ended quotas in college
admissions policy but allowed race as one
of many factors?

UC Board of Regents v Bakke

But case reaffirmed busing as a means of
integration so long as a history of
discrimination can be demonstrated?

Swann v Charlotte Board of Ed

What test is race subjected to?

Strict scrutiny

What civil rights legislation required
Southern states to get federal approval
through the Justice Dept. before altering
voting practices (such as filing deadlines)?

Voting Rights Act of 1965

What legislation resulted in huge increases
in Black politicians and the need of white
officials to take into account the concerns
of blacks generally?

Voting Rights Act of 1965

What clause would be violated if Congress
passed a law requiring a special religion
tax?

Establishment clause

Who would favor an interpretation of the
establishment clause that included ending
tax benefits for religious sects and
removing “under God” from our Pledge of
Allegiance?

Separationist

Who would allow some blending between
church and state, allowing nativity scenes
and plaques of the Ten Commandments
on public property, such as court houses?

Accommodationists

What clause did the Court believe was
violated when it struck down a city
ordinance banning animal sacrifice in
Church of Lukumi Babalu v Hialeah?

Free exercise clause

What (number) did NOT restrict black
suffrage?
White primaries
2. Poll taxes
3. Grandfather clause
4. Literacy tests
1.

#3

Requires a secular purpose to a law and
prevents both the excessive entanglement
of church and state and the promotion or
restriction of one religion over another:

Lemon Test

Lemon v Kurtzman

In terms of constitutional protection, what
form of expression falls somewhere
between speech and action?

Symbolic speech

What was the reaction to the ruling in
Oregon v Smith?

Passage of the Religious Freedom
Restoration Act, 1993

Students cannot be compelled to recite
the pledge for religious reasons due to:

West Virginia v Barnette