Constitutional Law Flashcards
6 cards from real AL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Constitutional Law flashcards as text
The Fourteenth Amendment's Equal Protection Clause applies directly to:
Answer: State government action only
The Fourteenth Amendment's Equal Protection Clause is textually directed at states, applying to state government action.
Under substantive due process, a fundamental right can only be infringed upon if the government demonstrates:
Answer: A compelling interest and the law is narrowly tailored
Infringement of fundamental rights requires the government to show a compelling interest and that the law is narrowly tailored to achieve it.
The Tenth Amendment reserves powers not delegated to the federal government to:
Answer: The states or the people
The Tenth Amendment explicitly states that powers not delegated to the United States are reserved to the states respectively or to the people.
Congressional power to regulate interstate commerce under Article I, Section 8 extends to activities that:
Answer: Substantially affect interstate commerce
Under Gonzales v. Raich, Congress may regulate local activities that, in the aggregate, substantially affect interstate commerce.
The Eleventh Amendment generally bars federal courts from hearing suits against a state brought by:
Answer: Citizens of a different state
The Eleventh Amendment bars federal court suits against a state by citizens of another state unless the state waives immunity or Congress abrogates it.
Under the Takings Clause, when the government physically invades or occupies private property, this constitutes:
Answer: A per se taking requiring just compensation
A permanent physical occupation of private property is a per se taking requiring just compensation under Loretto v. Teleprompter Manhattan CATV Corp.