Constitutional Law Flashcards

What is the role of the California Constitution in relation to the U.S. Constitution?

Answer: It provides additional rights and protections beyond those guaranteed by the federal Constitution

The California Constitution provides rights that may exceed federal protections. For example, California's free speech provisions are broader than the First Amendment, and its privacy right is explicitly stated.

What is California's constitutional right to privacy?

Answer: An explicit right in Article I, Section 1 providing broader privacy protections than the federal Constitution

California's Constitution explicitly lists privacy as an inalienable right in Article I, Section 1, providing broader protections than the federal right to privacy, which is not explicitly stated.

How does California's free speech protection differ from the First Amendment?

Answer: California's Liberty of Speech Clause provides broader protections, including in some private settings like shopping centers

Under the Pruneyard Shopping Center decision, California's free speech protections extend to some private properties like shopping centers, going beyond the First Amendment's state action requirement.

What is Proposition 8's significance in California constitutional law?

Answer: It amended the state constitution to define marriage as between a man and a woman, later struck down by federal courts

Proposition 8 (2008) amended the California Constitution to limit marriage to opposite-sex couples. It was ruled unconstitutional by federal courts and became moot after the U.S. Supreme Court's Obergefell decision.

What is the California Supreme Court's power of judicial review?

Answer: It can review and invalidate state laws and executive actions that violate the California or U.S. Constitution

The California Supreme Court exercises judicial review over state legislation and executive actions, invalidating those that conflict with either the California or United States Constitution.

What protections does California's Equal Protection Clause provide?

Answer: Protection against arbitrary government discrimination, with California courts applying independent analysis beyond federal standards

California courts conduct independent analysis under the state's equal protection clause and may provide broader protections than federal equal protection, including in areas like gender and sexual orientation discrimination.