Constitutional Rights and Liberties Flashcards

Under the Lemon test, a law regulating religion violates the Establishment Clause unless it:

Answer: Has a secular legislative purpose, its principal effect neither advances nor inhibits religion, and it does not foster excessive government entanglement with religion

Lemon v. Kurtzman (1971) requires that a law have a secular purpose, a neutral primary effect on religion, and avoid excessive entanglement — failure on any prong is unconstitutional.

Under Employment Division v. Smith (1990), a neutral law of general applicability that incidentally burdens religious practice:

Answer: Is constitutional and need not be justified by a compelling government interest

Smith held that neutral, generally applicable laws that incidentally burden religion need only satisfy rational basis review and do not require religious exemptions.

A state law classifies people based on sex. Under equal protection, the correct level of scrutiny is:

Answer: Intermediate scrutiny — the classification must be substantially related to an important government interest

Under Craig v. Boren (1976), sex-based classifications are quasi-suspect and subject to intermediate scrutiny requiring a substantial relationship to an important government interest.

Which of the following is a fundamental right triggering strict scrutiny under substantive due process?

Answer: The right to interstate travel

The right to travel interstate is a recognized fundamental right under the Constitution, triggering strict scrutiny when government burdens it.

Under Mathews v. Eldridge, courts balance three factors to determine what process is constitutionally due before the government deprives someone of a protected interest. Those factors are:

Answer: Private interest, risk of erroneous deprivation and value of additional procedures, and government interest

Mathews v. Eldridge (1976) balances: (1) the private interest at stake, (2) the risk of erroneous deprivation and the value of additional procedures, and (3) the government's fiscal and administrative burden.

The Equal Protection Clause applies most directly to state action. Which constitutional provision makes it applicable to the federal government?

Answer: The Fifth Amendment's Due Process Clause, via reverse incorporation

Bolling v. Sharpe (1954) held that equal protection principles apply to the federal government through the Fifth Amendment's Due Process Clause via reverse incorporation.

A state law affirmatively acts to enforce a private discriminatory covenant. Under the state action doctrine, this is unconstitutional because:

Answer: Judicial enforcement of private discriminatory agreements constitutes state action

Shelley v. Kraemer (1948) held that court enforcement of racially restrictive covenants constitutes state action sufficient to trigger Fourteenth Amendment review.