Constitution Questions and Answers Flashcards

The Supremacy Clause of the U.S. Constitution establishes that federal law is the 'supreme law of the land.' Which article and clause number contains this provision?

Answer: Article VI, Clause 2

The Supremacy Clause is found in Article VI, Clause 2 of the Constitution. It declares that the Constitution, federal laws made pursuant to it, and treaties are the supreme law of the land, binding state judges even when state laws conflict.

Which constitutional amendment was repealed by a later amendment — making it the only amendment in U.S. history to be fully nullified by another?

Answer: 18th Amendment

The 18th Amendment (1919), which established Prohibition by banning the manufacture and sale of alcohol, was repealed by the 21st Amendment (1933). No other constitutional amendment has ever been repealed in this manner.

Under the Constitution's system of checks and balances, a two-thirds vote of which body is required to override a presidential veto?

Answer: Both chambers of Congress independently

Article I, Section 7 requires a two-thirds majority vote in BOTH the House of Representatives AND the Senate, independently, to override a presidential veto. If either chamber fails to reach two-thirds, the veto stands.

The Constitution originally required U.S. Senators to be elected by state legislatures rather than by popular vote. Which amendment changed this to direct election by the people?

Answer: 17th Amendment

The 17th Amendment (1913) established the direct popular election of U.S. Senators. Prior to this, Article I, Section 3 gave state legislatures the power to choose senators, which critics argued led to corruption and deadlock.

The Constitution's 'Necessary and Proper Clause' (Article I, Section 8) is sometimes called the 'Elastic Clause.' Why did the Supreme Court affirm broad use of this clause in McCulloch v. Maryland (1819)?

Answer: It held that Congress has implied powers to carry out its enumerated powers effectively

In McCulloch v. Maryland, Chief Justice John Marshall ruled that the Necessary and Proper Clause grants Congress implied powers — authority to use any appropriate means to execute its enumerated powers. This expansive reading 'stretched' (hence 'elastic') federal legislative authority well beyond strictly listed powers.

Florida's Constitution differs from the U.S. Constitution in that Florida citizens may directly propose and pass constitutional amendments through a citizen initiative process. What percentage of the vote is required for a citizen-initiated amendment to be adopted in Florida?

Answer: 60% supermajority

Florida requires a 60% supermajority vote for a citizen-initiated constitutional amendment to pass, as established by Amendment 3 (2006). This threshold is higher than a simple majority and is designed to ensure broad public support before altering the state constitution.