Question:

Which of the following is a result of the constitution being considered the supreme law of the land?

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a. The constitution can not be changed.

b. While the constitution can be changed amendments to the constitution have focused almost exclusively on clarifying and expending the rights of indiviuals

c. All laws passed by the congress and state legislatures must be consistent with its guildlines and principles

d. All laws by the states legislatures must be consistent with its guildlines and principles

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2 ANSWERS


  1. The answer is C.

    A-  Wrong.  The Constitution can be changed by amendment.

    B-  Wrong.  Amendments have not been exclusively focused on clarifying and expanding the rights of individuals.  E.g., the 16th Amendment allowed Congress to collect income tax.  The 18th Amendment prohibited liquor.  Neither clarifies or expands individual rights.

    D-  Yes all state laws must be at least as extensive as US constitutional rights, but answer C is "more" correct.  In fact, where Congress (as opposed to states) has attempted to establish "rights" that exceed constitutional requirements, the Supreme Court has overturned them (e.g., the Religious Freedom Restoration Act, aka the RFRA, later replaced by the Religious Land Use and Institutionalized Persons Act, aka RLUIPA).  See the Supremes' decisions in Cutter v. Wilkinson and City of Boerne v Flores.  You can find both decisions on the Supremes' website.


  2. C.  Laws passed by both the states and the Congress are subject to judicial review and must pass constitutional muster - if challenged.

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