Constitutional Law Flashcards

Under the Equal Protection Clause, which classification triggers strict scrutiny?

Answer: Race

Race is a suspect classification that triggers strict scrutiny, requiring the government to show a compelling interest achieved through narrowly tailored means.

The Eleventh Amendment generally bars suits in federal court against states. Which of the following is NOT an exception to this bar?

Answer: Suits by foreign nations against a state

Suits by foreign nations against a state do not fall within recognized Eleventh Amendment exceptions; the three main exceptions are congressional abrogation, state consent, and Ex parte Young prospective relief.

When Congress exercises its Commerce Clause power, it may regulate which of the following under current doctrine?

Answer: The channels of interstate commerce

Congress may regulate the channels of interstate commerce, the instrumentalities of interstate commerce, and activities substantially affecting interstate commerce.

A state law requires all residents to attend a government-sponsored civic ceremony. Which clause is most directly violated?

Answer: Free Speech Clause

Compelled attendance at a government ceremony violates the Free Speech Clause's prohibition on compelled speech and ideological conformity recognized in West Virginia v. Barnette.

Under the non-delegation doctrine, Congress may delegate legislative power to administrative agencies provided it establishes:

Answer: An intelligible principle guiding the agency's discretion

The intelligible principle doctrine requires Congress to provide an adequate standard or guiding principle to constrain the agency's exercise of delegated authority.

Which test governs whether a public official can recover for defamation under the First Amendment?

Answer: Actual malice — knowledge of falsity or reckless disregard for truth

Under New York Times v. Sullivan, a public official must prove actual malice — that the defendant knew the statement was false or acted with reckless disregard for the truth.