CO Bar Constitutional Law Flashcards

Under the First Amendment, which standard applies to government regulations of speech based on its content?

Answer: Strict scrutiny

Content-based speech restrictions are subject to strict scrutiny, requiring the government to show a compelling interest and narrowly tailored means.

Which clause of the Fourteenth Amendment prevents states from depriving persons of life, liberty, or property without due process of law?

Answer: Due Process Clause

The Due Process Clause of the Fourteenth Amendment prohibits states from depriving any person of life, liberty, or property without due process of law.

Under the Commerce Clause, Congress may regulate which of the following?

Answer: Channels of interstate commerce

Congress may regulate the channels of interstate commerce, the instrumentalities of interstate commerce, and activities with a substantial effect on interstate commerce.

A Colorado law that facially discriminates against interstate commerce will be struck down under the Dormant Commerce Clause unless the state shows:

Answer: A compelling government interest with no less discriminatory alternative

Facially discriminatory laws are virtually per se invalid under the Dormant Commerce Clause unless the state demonstrates a compelling interest and no less discriminatory alternative exists.

Under the Equal Protection Clause, which classification triggers heightened (intermediate) scrutiny?

Answer: Sex/gender

Sex/gender classifications are subject to intermediate scrutiny, requiring the government to demonstrate an important interest substantially related to the classification.

The Takings Clause of the Fifth Amendment, applicable to Colorado via the Fourteenth Amendment, requires just compensation when government:

Answer: Takes private property for public use

The Takings Clause requires just compensation only when the government takes private property for public use, whether by physical appropriation or regulatory taking.