Constitution Study Guide - Short Answer Questions
How does the Constitution limit the size of the government?
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How does the Supreme Court use judicial review to control the power of Congress and the President?
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How does the system of checks and balances affect the way in which the government works?
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How is the philosophy of judicial activism different from the philosophy of judicial restraint?
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In what ways has the Supreme Court limited a woman's right to an abortion?
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What are the formal ways the Constitution can be amended (changed)?
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What are the ways that Congress and the President have made informal changes to the Constitution?
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When are racial quotas considered a a form of reverse discrimination?
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Why did the Supreme Court ban the death penalty as a form of punishment for many years?
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In what two ways does the 1st Amendment protect freedom of religion?
The 1st Amendment has two clauses: the Establishment Clause bars the government from creating a national religion and the Free Exercise Clause which bars the government from prohibiting citizens from practicing any specific religion.
How does the 4th Amendment protect the rights of the accused?
The 4th Amendment protects the accused's rights
Which amendments in the Bill of Rights protect the rights of the accused?
The 4th, 5th, 6th, 7th and 8th Amendments protect the rights of the accused.
How does the 5th Amendment protect the rights of the accused?
The 5th Amendment protects the accused's rights of due process (fundamental fairness of the trial proceedings), the right to remain silent, and a ban on double jeopardy (cannot be tried twice for the same crime if found "not guilty" the first time)
How does the 6th Amendment protect the rights of the accused?
The 6th Amendment protects the accused's right to a fair trial such as a speedy and public (not secret) trial, to have an impartial (not biased) jury of peers and to be able to confront the accused.
How does the 8th Amendment protect the rights of the accused?
The 8th Amendment protects the accused's right to reasonable (not too high) bail and from cruel and unusual punishment.
What kinds of speech has the Supreme Court refused to protect under the 1st Amendment?
The Supreme Court has refused to protect speech that would cause harm to anyone (shouting "Fire!" in a crowded theater), speech that would place the national government in immediate harm, certain kinds of pornography (child pornography), and certain kinds of defamation (harming the reputation of another with untruthful statements).
What are the five parts of the 1st Amendment?
The five parts are freedom of speech, freedom of religion, freedom of the press, freedom to peaceably assembly, and freedom to petition the government to correct problems.
How did the Supreme Court decision in New York Times v. Sullivan affect freedom of the press?
The press (newspapers and other forms of media) cannot be successfully sued for saying or writing something that is untruthful that harms someone's reputation, unless the press did it with malicious intent.
