25 Constitutional Law Questions Every Citizen Should Know

General Constitutional Law

What is constitutional law?

It governs the interpretation and enforcement of a nation’s constitution, outlining government structure and individual rights.

What is the purpose of a constitution?

To establish government authority, define powers, protect individual freedoms, and ensure the rule of law.

What are the three branches of government?

The legislative branch (makes laws), the executive branch (enforces laws), and the judicial branch (interprets laws).

Also read:

What is the rule of law?

The principle that no one is above the law, and laws must be applied equally to everyone.

Rights and Liberties

What are fundamental rights?

Basic rights guaranteed by the constitution, such as freedom of speech, religion, and equal protection under the law.

What is the Bill of Rights?

The first 10 amendments to the U.S. Constitution, ensuring specific individual freedoms and protections.

What is due process?

The guarantee of fair legal procedures before depriving a person of life, liberty, or property.

What is equal protection under the law?

A constitutional guarantee that no person or group will be treated unfairly by the government.

What is the right to free speech?

The First Amendment protects individuals from government restrictions on expression, with some exceptions (e.g., incitement to violence).

What is the right to privacy?

Though not mentioned in the U.S. Constitution, privacy rights are inferred from amendments such as the Fourth and Fourteenth.

Government Authority

What is federalism?

A system in which power is divided between a central government and regional entities, such as states in the United States.

What is the separation of powers?

A framework in which government authority is divided among legislative, executive, and judicial branches to prevent abuse.

What is judicial review?

The power of courts to decide whether laws or actions by the executive are constitutional.

What is the commerce clause?

A constitutional provision that gives Congress the power to regulate trade between the states and foreign nations.

What are enumerated powers?

Specific powers specifically granted to the federal government through the constitution.

Key Constitutional Amendments

What does the First Amendment protect?

Freedom of speech, religion, the press, assembly, and to petition the government.

What does the Second Amendment guarantee?

The right to keep and bear arms.

What does the Fourth Amendment guard?

Protection from unreasonable searches and seizures, including those warrants require probable cause.

Which of the rights under the Fifth Amendment does this statement provide?

Protection from self-incrimination and double jeopardy as well as safeguards of due process and just compensation for takings.

Which amendment defines citizenship under the U.S. and applies the full guarantee of due process and equal protection?

It does so, the Fourteenth Amendment

Judicial and Legal Principles

What is the supremacy clause?

A clause in the U.S. Constitution that states the federal law has precedence over those conflicting state laws.

What is the necessary and proper clause?

It ensures Congress has the ability to make laws for the execution of enumerated powers.

What is habeas corpus?

It is a fundamental legal principle that requires someone detained by the government to be brought before a court to establish whether the detention is lawful.

What are checks and balances?

The means of checks in place so no one branch gains a stranglehold on another. What is the electoral college? A mechanism utilized in electing the President of the United States, which grants each state’s electors based upon the outcome of the vote for that particular state. The above questions present foundational aspects of constitutional law a citizen should understand.