Constitutional Law Flashcards
6 cards from real AZ 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
Under the Contract Clause, states are prohibited from enacting laws that:
Answer: Substantially impair existing private contract obligations without adequate justification
Article I, Section 10 prohibits states from passing laws that substantially impair the obligations of existing private contracts without adequate justification.
Which test does the Supreme Court use to determine whether a government action constitutes an establishment of religion?
Answer: The Lemon test and its progeny, including the endorsement test
Courts use the Lemon test (purpose, effect, entanglement) and related tests like the endorsement test to evaluate Establishment Clause challenges.
A state law that facially discriminates against interstate commerce will be upheld only if:
Answer: It is narrowly tailored to serve a compelling state interest and no nondiscriminatory alternatives exist
Facially discriminatory state laws receive strict scrutiny under the dormant Commerce Clause and are almost always struck down unless no nondiscriminatory alternative exists.
The right to privacy recognized in Griswold v. Connecticut is grounded in:
Answer: Penumbras and emanations of several Bill of Rights provisions
In Griswold, the Court found a right to privacy in the penumbras and emanations from the First, Third, Fourth, Fifth, and Ninth Amendments.
Under the Second Amendment, the Supreme Court held in District of Columbia v. Heller that:
Answer: Individuals have a right to keep handguns in the home for self-defense
Heller held that the Second Amendment protects an individual right to possess firearms for traditionally lawful purposes, including self-defense within the home.
Standing to sue in federal court requires a plaintiff to show:
Answer: Injury in fact, causation, and redressability
Article III standing requires injury in fact that is concrete and particularized, causation traceable to the defendant's conduct, and redressability by a favorable decision.