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Topic 8 · Competency 2: The U.S. Constitution

Key Clauses of the Constitution: Practice Questions

84 practice questions on the Supremacy, Full Faith and Credit, Commerce, Emoluments, Due Process, Equal Protection, and Necessary and Proper Clauses, the First Amendment clauses, and more. Answers are hidden until you click "Show answer."

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Original practice questions written to the FCLE competencies, not actual exam items.

Other Clauses Worth Knowing (14)

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  1. What does the Guarantee Clause of the U.S. Constitution do?

    1. It gives Congress power to regulate trade with foreign nations, among the states, and with Indian tribes.
    2. It protects people's right to practice their religion.
    3. It promises every state a republican form of government.
    4. It requires states to grant citizens of other states the same fundamental rights as their own citizens.
    Show answer

    C. It promises every state a republican form of government.: The Guarantee Clause promises every state a republican form of government.

  2. A law that punishes a specific person or group without a trial is called a

    1. pocket veto
    2. bill of attainder
    3. writ of habeas corpus
    4. ex post facto law
    Show answer

    B. bill of attainder: Article I forbids bills of attainder.

  3. Where in the Constitution is the Privileges and Immunities Clause found?

    1. Article III
    2. Article IV
    3. Fourteenth Amendment
    4. First Amendment
    Show answer

    B. Article IV: The Privileges and Immunities Clause is found in the Article IV.

  4. Which clause of the U.S. Constitution promises every state a republican form of government?

    1. Emoluments Clause
    2. Equal Protection Clause
    3. Due Process Clause of the Fourteenth Amendment
    4. Guarantee Clause
    Show answer

    D. Guarantee Clause: The Guarantee Clause (Article IV) promises every state a republican form of government.

  5. Where in the Constitution is the Guarantee Clause found?

    1. Tenth Amendment
    2. Fourteenth Amendment
    3. Article II
    4. Article IV
    Show answer

    D. Article IV: The Guarantee Clause is found in the Article IV.

  6. Which article of the U.S. Constitution forbids Congress from passing bills of attainder and ex post facto laws?

    1. Article I
    2. Article VII
    3. Article VI
    4. Article III
    Show answer

    A. Article I: Article I forbids Congress from passing bills of attainder and ex post facto laws.

  7. Use the excerpt below, from a historical document, to answer the question that follows.

    "No Bill of Attainder or ex post facto Law shall be passed."

    Which document is the source of the excerpt?

    1. Mayflower Compact
    2. U.S. Constitution
    3. Northwest Ordinance
    4. Articles of Confederation
    Show answer

    B. U.S. Constitution: This excerpt is from the U.S. Constitution.

  8. What does the Privileges and Immunities Clause of the U.S. Constitution do?

    1. It prohibits the government from establishing an official religion.
    2. It requires states to grant citizens of other states the same fundamental rights as their own citizens.
    3. It allows Congress to make all laws needed to carry out its enumerated powers.
    4. It gives Congress power to regulate trade with foreign nations, among the states, and with Indian tribes.
    Show answer

    B. It requires states to grant citizens of other states the same fundamental rights as their own citizens.: The Privileges and Immunities Clause requires states to grant citizens of other states the same fundamental rights as their own citizens.

  9. Which clause of the U.S. Constitution requires states to grant citizens of other states the same fundamental rights as their own citizens?

    1. Commerce Clause
    2. Free Exercise Clause
    3. Privileges and Immunities Clause
    4. Emoluments Clause
    Show answer

    C. Privileges and Immunities Clause: The Privileges and Immunities Clause (Article IV) requires states to grant citizens of other states the same fundamental rights as their own citizens.

  10. Use the excerpt below, from a historical document, to answer the question that follows.

    "The United States shall guarantee to every State in this Union a Republican Form of Government."

    Which document is the source of the excerpt?

    1. U.S. Constitution
    2. Common Sense
    3. Northwest Ordinance
    4. English Bill of Rights
    Show answer

    A. U.S. Constitution: This excerpt is from the U.S. Constitution.

  11. Under Article I, when may the privilege of the writ of habeas corpus be suspended?

    1. Only in cases of rebellion or invasion when the public safety requires it
    2. Whenever the president chooses
    3. Only during presidential elections
    4. Never, under any circumstances
    Show answer

    A. Only in cases of rebellion or invasion when the public safety requires it: The Suspension Clause (Article I, Section 9). Lincoln suspended the writ during the Civil War, and Congress later authorized it.

  12. What is a bill of attainder, which the Constitution forbids?

    1. A law that raises taxes
    2. A treaty signed by the president
    3. A law that declares a specific person or group guilty and punishes them without a trial
    4. A court order to release a prisoner
    Show answer

    C. A law that declares a specific person or group guilty and punishes them without a trial: Article I, Sections 9 and 10 forbid both Congress and the states to pass bills of attainder.

  13. The Guarantee Clause in Article IV promises each state

    1. two seats on the Supreme Court.
    2. an equal share of federal taxes.
    3. a republican form of government and protection against invasion and, on request, domestic violence.
    4. the right to leave the Union.
    Show answer

    C. a republican form of government and protection against invasion and, on request, domestic violence.: Article IV, Section 4.

  14. Article IV's Privileges and Immunities Clause requires that

    1. citizens of every state have the same income.
    2. a state not discriminate against citizens of other states in fundamental rights.
    3. states share their tax money.
    4. only property owners may hold office.
    Show answer

    B. a state not discriminate against citizens of other states in fundamental rights.: "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."

The Emoluments Clauses (6)

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  1. A federal official accepts a valuable gift from a foreign king without Congress's consent. Which clause has been violated?

    1. Supremacy Clause
    2. Guarantee Clause
    3. Commerce Clause
    4. Emoluments Clause
    Show answer

    D. Emoluments Clause: The Foreign Emoluments Clause forbids such gifts without consent.

  2. What does the Emoluments Clause of the U.S. Constitution do?

    1. It promises every state a republican form of government.
    2. It protects people's right to practice their religion.
    3. It forbids federal officeholders from accepting gifts, offices, or titles from foreign states without the consent of Congress.
    4. It forbids states from depriving any person of life, liberty, or property without fair legal procedures.
    Show answer

    C. It forbids federal officeholders from accepting gifts, offices, or titles from foreign states without the consent of Congress.: The Emoluments Clause forbids federal officeholders from accepting gifts, offices, or titles from foreign states without the consent of Congress.

  3. Which clause of the U.S. Constitution forbids federal officeholders from accepting gifts, offices, or titles from foreign states without the consent of Congress?

    1. Emoluments Clause
    2. Equal Protection Clause
    3. Guarantee Clause
    4. Privileges and Immunities Clause
    Show answer

    A. Emoluments Clause: The Emoluments Clause (Article I) forbids federal officeholders from accepting gifts, offices, or titles from foreign states without the consent of Congress.

  4. Where in the Constitution is the Emoluments Clause found?

    1. Article IV
    2. Fourteenth Amendment
    3. Article I
    4. Article VI
    Show answer

    C. Article I: The Emoluments Clause is found in the Article I.

  5. The Foreign Emoluments Clause forbids federal officeholders from

    1. traveling to foreign countries.
    2. owning property in more than one state.
    3. accepting gifts, offices, or titles from a foreign state without the consent of Congress.
    4. speaking with foreign ambassadors.
    Show answer

    C. accepting gifts, offices, or titles from a foreign state without the consent of Congress.: Article I, Section 9 was meant to keep officials loyal only to the United States.

  6. The Domestic Emoluments Clause in Article II provides that the president's salary

    1. is set by the Supreme Court.
    2. must be approved by voters.
    3. cannot be increased or decreased during the term, and the president may not receive other payments from the United States or any state.
    4. can be increased by executive order.
    Show answer

    C. cannot be increased or decreased during the term, and the president may not receive other payments from the United States or any state.: This protects the president from being rewarded or punished financially by Congress or the states.

The First Amendment Clauses (13)

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  1. Use the excerpt below, from the Bill of Rights, to answer the question that follows.

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

    In what year was this document adopted?

    1. 1791
    2. 1215
    3. 1780
    4. 1689
    Show answer

    A. 1791: The Bill of Rights dates from 1791.

  2. What does the Free Exercise Clause of the U.S. Constitution do?

    1. It prohibits the government from establishing an official religion.
    2. It forbids federal officeholders from accepting gifts, offices, or titles from foreign states without the consent of Congress.
    3. It makes the Constitution, federal laws, and treaties the supreme law of the land, overriding conflicting state laws.
    4. It protects people's right to practice their religion.
    Show answer

    D. It protects people's right to practice their religion.: The Free Exercise Clause protects people's right to practice their religion.

  3. Use the excerpt below to answer the question that follows.

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

    Who was the principal author of the document containing this excerpt?

    1. John Jay
    2. Alexander Hamilton
    3. James Madison
    4. Benjamin Franklin
    Show answer

    C. James Madison: The excerpt is from the Bill of Rights, written principally by James Madison.

  4. What does the Establishment Clause of the U.S. Constitution do?

    1. It prohibits the government from establishing an official religion.
    2. It requires states to grant citizens of other states the same fundamental rights as their own citizens.
    3. It gives Congress power to regulate trade with foreign nations, among the states, and with Indian tribes.
    4. It allows Congress to make all laws needed to carry out its enumerated powers.
    Show answer

    A. It prohibits the government from establishing an official religion.: The Establishment Clause prohibits the government from establishing an official religion.

  5. What was the significance of the Supreme Court's decision in Wisconsin v. Yoder (1972)?

    1. The Court held that requiring Amish children to attend school past the eighth grade violated their free exercise of religion.
    2. The Court required police to inform suspects in custody of their rights to remain silent and to an attorney before questioning.
    3. The Court held that Congress had implied power to create a national bank and that a state could not tax it.
    4. The Court held that school officials may censor school-sponsored student newspapers for legitimate educational reasons.
    Show answer

    A. The Court held that requiring Amish children to attend school past the eighth grade violated their free exercise of religion.: In Wisconsin v. Yoder, the Court held that requiring Amish children to attend school past the eighth grade violated their free exercise of religion.

  6. What was the significance of the Supreme Court's decision in Engel v. Vitale (1962)?

    1. The Court held that requiring Amish children to attend school past the eighth grade violated their free exercise of religion.
    2. The Court held that speech creating a 'clear and present danger' during wartime, such as urging resistance to the draft, is not protected.
    3. The Court ruled that state-mandated racial segregation in public schools violates the Equal Protection Clause.
    4. The Court ruled that state-sponsored prayer in public schools violates the Establishment Clause.
    Show answer

    D. The Court ruled that state-sponsored prayer in public schools violates the Establishment Clause.: In Engel v. Vitale, the Court ruled that state-sponsored prayer in public schools violates the Establishment Clause.

  7. Where in the Constitution is the Establishment Clause found?

    1. Fourteenth Amendment
    2. First Amendment
    3. Article VI
    4. Tenth Amendment
    Show answer

    B. First Amendment: The Establishment Clause is found in the First Amendment.

  8. Which clause of the U.S. Constitution protects people's right to practice their religion?

    1. Free Exercise Clause
    2. Full Faith and Credit Clause
    3. Equal Protection Clause
    4. Emoluments Clause
    Show answer

    A. Free Exercise Clause: The Free Exercise Clause (First Amendment) protects people's right to practice their religion.

  9. Where in the Constitution is the Free Exercise Clause found?

    1. Article II
    2. Article IV
    3. Article VI
    4. First Amendment
    Show answer

    D. First Amendment: The Free Exercise Clause is found in the First Amendment.

  10. Which clause of the U.S. Constitution prohibits the government from establishing an official religion?

    1. Full Faith and Credit Clause
    2. Due Process Clause of the Fourteenth Amendment
    3. Commerce Clause
    4. Establishment Clause
    Show answer

    D. Establishment Clause: The Establishment Clause (First Amendment) prohibits the government from establishing an official religion.

  11. Use the excerpt below, from a historical document, to answer the question that follows.

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."

    Which document is the source of the excerpt?

    1. Declaration of Independence
    2. Anti-Federalist Papers
    3. Brutus No. 1
    4. Bill of Rights
    Show answer

    D. Bill of Rights: This excerpt is from the Bill of Rights.

  12. Which clause prevents government from punishing a person for practicing his or her religion?

    1. The Establishment Clause
    2. The Free Press Clause
    3. The Assembly Clause
    4. The Free Exercise Clause
    Show answer

    D. The Free Exercise Clause: The Establishment Clause keeps government from establishing or favoring religion; the Free Exercise Clause protects religious practice.

  13. The phrase "a wall of separation between Church & State" comes from

    1. the text of the First Amendment.
    2. the Mayflower Compact.
    3. Thomas Jefferson's 1802 letter to the Danbury Baptist Association.
    4. Federalist No. 10.
    Show answer

    C. Thomas Jefferson's 1802 letter to the Danbury Baptist Association.: The phrase is not in the Constitution. The Supreme Court has used Jefferson's metaphor to explain the Establishment Clause.

The Commerce Clause (Article I, Section 8) (8)

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  1. What was the significance of the Supreme Court's decision in United States v. Lopez (1995)?

    1. The Court ruled that burning the American flag as political protest is symbolic speech protected by the First Amendment.
    2. The Court held that congressional districts drawn primarily on the basis of race are subject to strict scrutiny under the Equal Protection Clause.
    3. The Court held that Congress had implied power to create a national bank and that a state could not tax it.
    4. The Court struck down the Gun-Free School Zones Act because carrying a gun near a school is not economic activity Congress can regulate under the Commerce Clause.
    Show answer

    D. The Court struck down the Gun-Free School Zones Act because carrying a gun near a school is not economic activity Congress can regulate under the Commerce Clause.: In United States v. Lopez, the Court struck down the Gun-Free School Zones Act because carrying a gun near a school is not economic activity Congress can regulate under the Commerce Clause.

  2. Congress has used which clause to justify laws banning racial discrimination in hotels and restaurants serving interstate travelers?

    1. Full Faith and Credit Clause
    2. Establishment Clause
    3. Emoluments Clause
    4. Commerce Clause
    Show answer

    D. Commerce Clause: The Court upheld the Civil Rights Act of 1964 under the Commerce Clause in Heart of Atlanta Motel v. United States.

  3. Which clause did the Supreme Court say Congress exceeded when it passed the Gun-Free School Zones Act?

    1. Commerce Clause
    2. Emoluments Clause
    3. Supremacy Clause
    4. Free Exercise Clause
    Show answer

    A. Commerce Clause: U.S. v. Lopez limited the Commerce Clause.

  4. Where in the Constitution is the Commerce Clause found?

    1. Fourteenth Amendment
    2. Article I
    3. Article IV
    4. Article VI
    Show answer

    B. Article I: The Commerce Clause is found in the Article I.

  5. Which clause of the U.S. Constitution gives Congress power to regulate trade with foreign nations, among the states, and with Indian tribes?

    1. Emoluments Clause
    2. Establishment Clause
    3. Commerce Clause
    4. Supremacy Clause
    Show answer

    C. Commerce Clause: The Commerce Clause (Article I) gives Congress power to regulate trade with foreign nations, among the states, and with Indian tribes.

  6. What does the Commerce Clause of the U.S. Constitution do?

    1. It promises every state a republican form of government.
    2. It allows Congress to make all laws needed to carry out its enumerated powers.
    3. It gives Congress power to regulate trade with foreign nations, among the states, and with Indian tribes.
    4. It requires states to grant citizens of other states the same fundamental rights as their own citizens.
    Show answer

    C. It gives Congress power to regulate trade with foreign nations, among the states, and with Indian tribes.: The Commerce Clause gives Congress power to regulate trade with foreign nations, among the states, and with Indian tribes.

  7. The Commerce Clause gives Congress the power to regulate commerce

    1. with foreign nations, among the several states, and with the Indian tribes.
    2. only within a single state.
    3. only with Great Britain.
    4. only during wartime.
    Show answer

    A. with foreign nations, among the several states, and with the Indian tribes.: Article I, Section 8, Clause 3. It has become one of Congress's most important sources of power.

  8. Congress regulates the sale of goods shipped between Florida and Alabama. The source of this power is

    1. the Necessary and Proper Clause alone
    2. the Tenth Amendment
    3. the Full Faith and Credit Clause
    4. the Commerce Clause
    Show answer

    D. the Commerce Clause: Article I, Section 8 lets Congress regulate commerce among the states.

The Necessary and Proper (Elastic) Clause (Article I, Section 8) (11)

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  1. What does the Necessary and Proper (Elastic) Clause of the U.S. Constitution do?

    1. It protects people's right to practice their religion.
    2. It requires states to treat people equally under the law.
    3. It allows Congress to make all laws needed to carry out its enumerated powers.
    4. It makes the Constitution, federal laws, and treaties the supreme law of the land, overriding conflicting state laws.
    Show answer

    C. It allows Congress to make all laws needed to carry out its enumerated powers.: The Necessary and Proper (Elastic) Clause allows Congress to make all laws needed to carry out its enumerated powers.

  2. Which clause did Chief Justice Marshall rely on in McCulloch v. Maryland to uphold Congress's power to charter a bank?

    1. Establishment Clause
    2. Necessary and Proper Clause
    3. Emoluments Clause
    4. Full Faith and Credit Clause
    Show answer

    B. Necessary and Proper Clause: Marshall read 'necessary' to mean useful or convenient.

  3. Which clause of the U.S. Constitution allows Congress to make all laws needed to carry out its enumerated powers?

    1. Free Exercise Clause
    2. Necessary and Proper (Elastic) Clause
    3. Supremacy Clause
    4. Commerce Clause
    Show answer

    B. Necessary and Proper (Elastic) Clause: The Necessary and Proper (Elastic) Clause (Article I) allows Congress to make all laws needed to carry out its enumerated powers.

  4. Which of the following is an example of an implied power (powers not listed but reasonably derived from the Necessary and Proper Clause)?

    1. conducting elections
    2. drafting citizens into the military
    3. issuing marriage licenses
    4. coining money
    Show answer

    B. drafting citizens into the military: Drafting citizens into the military is an implied power.

  5. Which of the following is an example of an implied power (powers not listed but reasonably derived from the Necessary and Proper Clause)?

    1. creating local governments
    2. creating the Air Force
    3. issuing driver's licenses
    4. establishing public schools
    Show answer

    B. creating the Air Force: Creating the Air Force is an implied power.

  6. Which term describes powers not listed but reasonably derived from the Necessary and Proper Clause?

    1. concurrent powers
    2. reserved powers
    3. implied powers
    4. expressed powers
    Show answer

    C. implied powers: Implied powers are powers not listed but reasonably derived from the Necessary and Proper Clause.

  7. Where in the Constitution is the Necessary and Proper (Elastic) Clause found?

    1. Article III
    2. Article I
    3. Article IV
    4. Article VI
    Show answer

    B. Article I: The Necessary and Proper (Elastic) Clause is found in the Article I.

  8. Which of the following is an example of an implied power (powers not listed but reasonably derived from the Necessary and Proper Clause)?

    1. collecting taxes
    2. creating a national bank
    3. borrowing money
    4. coining money
    Show answer

    B. creating a national bank: Creating a national bank is an implied power.

  9. Where is the Necessary and Proper Clause located?

    1. In the Preamble
    2. In Article III
    3. In the Tenth Amendment
    4. At the end of the list of congressional powers in Article I, Section 8
    Show answer

    D. At the end of the list of congressional powers in Article I, Section 8: Clause 18 lets Congress make all laws "necessary and proper for carrying into Execution the foregoing Powers."

  10. Why is the Necessary and Proper Clause often called the "Elastic Clause"?

    1. It allows the president to stretch his term.
    2. It allows states to ignore federal laws.
    3. It lets the Constitution be amended without ratification.
    4. It stretches Congress's powers to include implied powers needed to carry out its expressed powers.
    Show answer

    D. It stretches Congress's powers to include implied powers needed to carry out its expressed powers.: McCulloch v. Maryland (1819) read the clause broadly, allowing Congress to choose reasonable means to carry out its powers.

  11. Anti-Federalists criticized the Necessary and Proper Clause because they feared it would

    1. make the president too weak.
    2. give Congress almost unlimited power over the states.
    3. prevent Congress from taxing.
    4. allow the courts to choose the president.
    Show answer

    B. give Congress almost unlimited power over the states.: Brutus and other Anti-Federalists warned that the clause, with the Supremacy Clause, could swallow up state authority.

The Supremacy Clause (Article VI) (7)

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  1. Where in the Constitution is the Supremacy Clause found?

    1. Article VI
    2. Article II
    3. First Amendment
    4. Article IV
    Show answer

    A. Article VI: The Supremacy Clause is found in the Article VI.

  2. Which clause of the U.S. Constitution makes the Constitution, federal laws, and treaties the supreme law of the land, overriding conflicting state laws?

    1. Commerce Clause
    2. Full Faith and Credit Clause
    3. Privileges and Immunities Clause
    4. Supremacy Clause
    Show answer

    D. Supremacy Clause: The Supremacy Clause (Article VI) makes the Constitution, federal laws, and treaties the supreme law of the land, overriding conflicting state laws.

  3. What does the Supremacy Clause of the U.S. Constitution do?

    1. It allows Congress to make all laws needed to carry out its enumerated powers.
    2. It requires states to treat people equally under the law.
    3. It makes the Constitution, federal laws, and treaties the supreme law of the land, overriding conflicting state laws.
    4. It forbids federal officeholders from accepting gifts, offices, or titles from foreign states without the consent of Congress.
    Show answer

    C. It makes the Constitution, federal laws, and treaties the supreme law of the land, overriding conflicting state laws.: The Supremacy Clause makes the Constitution, federal laws, and treaties the supreme law of the land, overriding conflicting state laws.

  4. In the United States, how are conflicts between state laws and federal laws generally resolved?

    1. by the Tenth Amendment
    2. by a national referendum
    3. by the U.S. attorney general
    4. using the Supremacy Clause
    Show answer

    D. using the Supremacy Clause: Valid federal law prevails over conflicting state law.

  5. A state passes a law allowing a pesticide that a valid federal law bans. Which clause determines which law controls?

    1. The Full Faith and Credit Clause
    2. The Supremacy Clause
    3. The Establishment Clause
    4. The Emoluments Clause
    Show answer

    B. The Supremacy Clause: Under Article VI, valid federal law is "the supreme Law of the Land," so the conflicting state law gives way.

  6. According to the Supremacy Clause, which three things are "the supreme Law of the Land"?

    1. State constitutions, state laws, and city ordinances
    2. The Constitution, federal laws made under it, and treaties
    3. Executive orders, court rulings, and party platforms
    4. The Declaration of Independence, the Articles of Confederation, and the Federalist Papers
    Show answer

    B. The Constitution, federal laws made under it, and treaties: Article VI, Clause 2 also says state judges are bound by them, "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

  7. A state law conflicts with a valid federal law. Under the Supremacy Clause,

    1. the state law prevails
    2. both laws are void
    3. the federal law prevails
    4. Congress must vote again
    Show answer

    C. the federal law prevails: Article VI makes the Constitution and federal laws the supreme law of the land.

The Equal Protection Clause (14th Amendment) (6)

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  1. What was the significance of the Supreme Court's decision in Bush v. Gore (2000)?

    1. The Court required police to inform suspects in custody of their rights to remain silent and to an attorney before questioning.
    2. The Court upheld state laws requiring racial segregation under the 'separate but equal' doctrine.
    3. The Court held that federal courts may hear challenges to the apportionment of state legislative districts.
    4. The Court stopped the Florida presidential election recount because the varying recount standards violated the Equal Protection Clause.
    Show answer

    D. The Court stopped the Florida presidential election recount because the varying recount standards violated the Equal Protection Clause.: In Bush v. Gore, the Court stopped the Florida presidential election recount because the varying recount standards violated the Equal Protection Clause.

  2. Which clause of the U.S. Constitution requires states to treat people equally under the law?

    1. Guarantee Clause
    2. Privileges and Immunities Clause
    3. Equal Protection Clause
    4. Necessary and Proper (Elastic) Clause
    Show answer

    C. Equal Protection Clause: The Equal Protection Clause (Fourteenth Amendment) requires states to treat people equally under the law.

  3. What does the Equal Protection Clause of the U.S. Constitution do?

    1. It requires each state to honor the public acts, records, and court decisions of other states.
    2. It forbids states from depriving any person of life, liberty, or property without fair legal procedures.
    3. It protects people's right to practice their religion.
    4. It requires states to treat people equally under the law.
    Show answer

    D. It requires states to treat people equally under the law.: The Equal Protection Clause requires states to treat people equally under the law.

  4. Where in the Constitution is the Equal Protection Clause found?

    1. Article III
    2. Article IV
    3. First Amendment
    4. Fourteenth Amendment
    Show answer

    D. Fourteenth Amendment: The Equal Protection Clause is found in the Fourteenth Amendment.

  5. What was the significance of the Supreme Court's decision in Brown v. Board of Education (1954)?

    1. The Court ruled that state-mandated racial segregation in public schools violates the Equal Protection Clause.
    2. The Court held that school officials may censor school-sponsored student newspapers for legitimate educational reasons.
    3. The Court recognized a constitutional right to privacy that included a woman's decision to have an abortion (later overturned in Dobbs v. Jackson, 2022).
    4. The Court held that speech creating a 'clear and present danger' during wartime, such as urging resistance to the draft, is not protected.
    Show answer

    A. The Court ruled that state-mandated racial segregation in public schools violates the Equal Protection Clause.: In Brown v. Board of Education, the Court ruled that state-mandated racial segregation in public schools violates the Equal Protection Clause.

  6. What was the significance of the Supreme Court's decision in Shaw v. Reno (1993)?

    1. The Court required police to inform suspects in custody of their rights to remain silent and to an attorney before questioning.
    2. The Court ruled that students may wear black armbands to protest a war because student speech is protected unless it substantially disrupts school.
    3. The Court ruled that executive privilege is not absolute and ordered the president to turn over subpoenaed tapes.
    4. The Court held that congressional districts drawn primarily on the basis of race are subject to strict scrutiny under the Equal Protection Clause.
    Show answer

    D. The Court held that congressional districts drawn primarily on the basis of race are subject to strict scrutiny under the Equal Protection Clause.: In Shaw v. Reno, the Court held that congressional districts drawn primarily on the basis of race are subject to strict scrutiny under the Equal Protection Clause.

The Full Faith and Credit Clause (Article IV) (8)

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  1. What does the Full Faith and Credit Clause of the U.S. Constitution do?

    1. It forbids federal officeholders from accepting gifts, offices, or titles from foreign states without the consent of Congress.
    2. It promises every state a republican form of government.
    3. It requires each state to honor the public acts, records, and court decisions of other states.
    4. It prohibits the government from establishing an official religion.
    Show answer

    C. It requires each state to honor the public acts, records, and court decisions of other states.: The Full Faith and Credit Clause requires each state to honor the public acts, records, and court decisions of other states.

  2. Where in the Constitution is the Full Faith and Credit Clause found?

    1. Tenth Amendment
    2. Article I
    3. Article III
    4. Article IV
    Show answer

    D. Article IV: The Full Faith and Credit Clause is found in the Article IV.

  3. Which clause of the U.S. Constitution requires each state to honor the public acts, records, and court decisions of other states?

    1. Emoluments Clause
    2. Due Process Clause of the Fourteenth Amendment
    3. Commerce Clause
    4. Full Faith and Credit Clause
    Show answer

    D. Full Faith and Credit Clause: The Full Faith and Credit Clause (Article IV) requires each state to honor the public acts, records, and court decisions of other states.

  4. A couple married in Florida moves to Georgia, and Georgia recognizes their marriage. Which clause requires this?

    1. Commerce Clause
    2. Full Faith and Credit Clause
    3. Establishment Clause
    4. Emoluments Clause
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    B. Full Faith and Credit Clause: States must honor other states' public acts and records.

  5. Which article of the U.S. Constitution requires states to give full faith and credit to other states' public acts and records?

    1. Article IV
    2. Article V
    3. Article VII
    4. Article III
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    A. Article IV: Article IV requires states to give full faith and credit to other states' public acts and records.

  6. A person wins a court judgment against a debtor in Texas, and the debtor moves to Florida. Florida courts enforce the Texas judgment. Which clause requires this?

    1. The Supremacy Clause
    2. The Full Faith and Credit Clause
    3. The Commerce Clause
    4. The Necessary and Proper Clause
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    B. The Full Faith and Credit Clause: Article IV, Section 1 requires each state to give "Full Faith and Credit" to the public acts, records, and judicial proceedings of every other state.

  7. The Full Faith and Credit Clause is found in which article of the Constitution?

    1. Article I
    2. Article II
    3. Article VI
    4. Article IV
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    D. Article IV: Article IV deals with relations among the states, including full faith and credit, privileges and immunities, and extradition.

  8. A couple married in Georgia moves to Florida, which recognizes their marriage. This reflects

    1. the Emoluments Clause
    2. the Commerce Clause
    3. the Full Faith and Credit Clause
    4. the Supremacy Clause
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    C. the Full Faith and Credit Clause: Article IV requires states to respect the public acts, records, and judicial proceedings of other states.

The Due Process Clauses (5th and 14th Amendments) (5)

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  1. What does the Due Process Clause of the Fourteenth Amendment of the U.S. Constitution do?

    1. It forbids federal officeholders from accepting gifts, offices, or titles from foreign states without the consent of Congress.
    2. It allows Congress to make all laws needed to carry out its enumerated powers.
    3. It forbids states from depriving any person of life, liberty, or property without fair legal procedures.
    4. It makes the Constitution, federal laws, and treaties the supreme law of the land, overriding conflicting state laws.
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    C. It forbids states from depriving any person of life, liberty, or property without fair legal procedures.: The Due Process Clause of the Fourteenth Amendment forbids states from depriving any person of life, liberty, or property without fair legal procedures.

  2. The idea that citizens' rights are protected from state violation by the Fourteenth Amendment's Due Process Clause is the basis of

    1. selective incorporation
    2. nullification
    3. executive privilege
    4. judicial restraint
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    A. selective incorporation: The Court has incorporated most Bill of Rights guarantees against the states.

  3. Which clause of the U.S. Constitution forbids states from depriving any person of life, liberty, or property without fair legal procedures?

    1. Equal Protection Clause
    2. Necessary and Proper (Elastic) Clause
    3. Establishment Clause
    4. Due Process Clause of the Fourteenth Amendment
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    D. Due Process Clause of the Fourteenth Amendment: The Due Process Clause of the Fourteenth Amendment (Fourteenth Amendment) forbids states from depriving any person of life, liberty, or property without fair legal procedures.

  4. Where in the Constitution is the Due Process Clause of the Fourteenth Amendment found?

    1. Article IV
    2. Article I
    3. Tenth Amendment
    4. Fourteenth Amendment
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    D. Fourteenth Amendment: The Due Process Clause of the Fourteenth Amendment is found in the Fourteenth Amendment.

  5. How do the two Due Process Clauses differ?

    1. The Fifth Amendment's applies only to civil cases.
    2. The Fourteenth Amendment's applies only to the military.
    3. The Fifth Amendment's clause limits the federal government; the Fourteenth Amendment's clause limits the states.
    4. They are identical and both apply only to Congress.
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    C. The Fifth Amendment's clause limits the federal government; the Fourteenth Amendment's clause limits the states.: The Fourteenth Amendment (1868) added a parallel limit on state governments.

McCulloch v. Maryland (1819) (1)

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  1. Which case relied on the Supremacy Clause to hold that Maryland could not tax the Second Bank of the United States?

    1. Marbury v. Madison (1803)
    2. Gibbons v. Ogden (1824)
    3. Plessy v. Ferguson (1896)
    4. McCulloch v. Maryland (1819)
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    D. McCulloch v. Maryland (1819): Chief Justice Marshall wrote that "the power to tax involves the power to destroy," and a state cannot burden a valid federal institution.

Heart of Atlanta Motel v. United States (1964) (1)

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  1. In Heart of Atlanta Motel v. United States (1964), the Court upheld the Civil Rights Act's ban on discrimination by motels serving travelers. Which power did the Court rely on?

    1. The president's power as commander in chief
    2. Congress's power to coin money
    3. Congress's power to regulate interstate commerce
    4. The states' reserved powers
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    C. Congress's power to regulate interstate commerce: Because the motel served interstate travelers, discrimination affected interstate commerce, which Congress may regulate.

Bush v. Gore (2000) (1)

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  1. In Bush v. Gore (2000), the Supreme Court stopped the Florida presidential recount based mainly on

    1. the Second Amendment.
    2. the Full Faith and Credit Clause.
    3. the Twenty-Second Amendment.
    4. the Equal Protection Clause.
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    D. the Equal Protection Clause.: The Court held that the varying standards used to count ballots in different counties violated equal protection.

Obergefell v. Hodges (2015) (1)

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  1. In Obergefell v. Hodges (2015), the Court relied on which two clauses to hold that states must license and recognize same-sex marriages?

    1. The Commerce and Supremacy Clauses
    2. The Establishment and Free Exercise Clauses
    3. The Due Process and Equal Protection Clauses of the Fourteenth Amendment
    4. The Emoluments and Guarantee Clauses
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    C. The Due Process and Equal Protection Clauses of the Fourteenth Amendment: The Court found marriage to be a fundamental right protected by both clauses.

Tinker v. Des Moines Independent Community School District (1969) (1)

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  1. Which clause was at the center of Tinker v. Des Moines (1969)?

    1. The Establishment Clause
    2. The Free Speech Clause of the First Amendment
    3. The Due Process Clause of the Fifth Amendment
    4. The Commerce Clause
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    B. The Free Speech Clause of the First Amendment: The Court held that students' black armbands protesting the Vietnam War were protected symbolic speech.

National Federation of Independent Business v. Sebelius (2012) (1)

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  1. In NFIB v. Sebelius (2012), the Court held that the Affordable Care Act's individual mandate

    1. was valid under the Commerce Clause alone.
    2. violated the First Amendment.
    3. could not be justified under the Commerce Clause but was valid as an exercise of the taxing power.
    4. was unconstitutional in every respect.
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    C. could not be justified under the Commerce Clause but was valid as an exercise of the taxing power.: Chief Justice Roberts's opinion also limited Congress's ability to force states to expand Medicaid.