Constitution Flashcards

Article V of the U.S. Constitution contains one provision that is explicitly shielded from amendment, making it unique among all constitutional text. What does this 'entrenched' provision protect?

Answer: Equal suffrage for each state in the U.S. Senate, which cannot be altered without that state's consent

Article V explicitly states that 'no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.' This is the only provision in the Constitution that is expressly protected from amendment by the standard Article V process — every state retains its two Senate votes unless it consents to give them up. No other provision has this explicit entrenchment.

The doctrine of 'selective incorporation' has profoundly shaped American constitutional law. Which mechanism does the Supreme Court use to apply most Bill of Rights protections to state governments?

Answer: The Due Process Clause of the Fourteenth Amendment, which absorbs fundamental Bill of Rights protections

Through selective incorporation, the Supreme Court has held that the Fourteenth Amendment's Due Process Clause ('nor shall any State deprive any person of life, liberty, or property, without due process of law') makes most — but not all — Bill of Rights protections enforceable against state governments. This process occurred case by case over the 20th century, not all at once.

The Constitution's Ex Post Facto Clause prohibits retroactive laws. The Supreme Court, in Calder v. Bull (1798), established a critical boundary on this protection. To which category of laws does the Ex Post Facto Clause exclusively apply?

Answer: Criminal and penal laws only — civil retroactive laws are not covered by the clause

In Calder v. Bull, the Supreme Court definitively ruled that the Ex Post Facto Clause applies only to criminal and penal legislation. A law that retroactively criminalizes past conduct, increases punishment after the fact, or changes the rules of evidence in ways that disadvantage a defendant violates the clause — but retroactive civil laws (such as changing civil liability or property rules) do not trigger this protection.

Article I, Section 10 of the Constitution imposes significant limits on state powers. Which of the following actions is explicitly PERMITTED to states under those provisions?

Answer: Entering into a compact or agreement with another state, provided Congress consents

While Article I, Section 10 broadly prohibits states from treaties, coining money, and issuing bills of credit, it carves out an exception: states MAY enter into compacts or agreements with other states or with foreign governments — as long as Congress gives its consent. Interstate compacts (such as the Port Authority of New York and New Jersey) exist today under this provision. Treaties, coining money, and letters of marque are all absolute prohibitions for states.

The Constitution requires the President to be a 'natural born Citizen.' Which of the following individuals is definitively INELIGIBLE for the presidency solely on this constitutional ground?

Answer: A person born abroad who became a U.S. citizen through the naturalization process as an adult

Naturalized citizens — those who were born without U.S. citizenship and later acquired it through the legal naturalization process — are explicitly barred from the presidency by the 'natural born Citizen' requirement. By contrast, persons born to American citizen parents abroad, persons born in U.S. territories, and those who held dual citizenship are generally considered 'natural born' under prevailing legal interpretation, though some of these scenarios involve ongoing scholarly debate.

Article V establishes two distinct methods for proposing constitutional amendments. All 27 amendments to the U.S. Constitution have been proposed using one method. What is the second method — which has never once been used — that Article V also authorizes?

Answer: A constitutional convention called by Congress upon application of two-thirds of the state legislatures

Article V provides two paths to propose amendments: (1) a two-thirds vote of both chambers of Congress — used for all 27 amendments — or (2) a national constitutional convention called by Congress when two-thirds of state legislatures apply for one. Despite several historical campaigns to trigger this second method, it has never been used. Once an amendment is proposed by either method, it still requires ratification by three-fourths of the states.