Constitutional Law Flashcards

Under the Eleventh Amendment, a federal court generally cannot hear a suit against a state brought by:

Answer: A citizen of another state

The Eleventh Amendment bars federal court suits against a state by citizens of another state (or foreign nation) without the state's consent, protecting state sovereign immunity.

The Free Exercise Clause protects individuals from government interference with religious practices. Under Employment Division v. Smith, a neutral law of general applicability that burdens religion requires:

Answer: Rational basis review

In Employment Division v. Smith, the Supreme Court held that neutral, generally applicable laws that incidentally burden religious practices need only satisfy rational basis review.

The doctrine of incorporation applies provisions of the Bill of Rights to the states through which constitutional provision?

Answer: Fourteenth Amendment's Due Process Clause

The Supreme Court has selectively incorporated most Bill of Rights provisions against the states through the Due Process Clause of the Fourteenth Amendment.

Under Article III standing requirements, a plaintiff must demonstrate all EXCEPT which of the following?

Answer: A constitutional violation by the government

Standing requires injury in fact, causation, and redressability; a constitutional violation is not required — statutory, regulatory, or common law injuries may also confer standing.

The Dormant Commerce Clause restricts state laws that discriminate against interstate commerce. When a state law facially discriminates against out-of-state commerce, it is:

Answer: Per se invalid unless the state can show it is the least discriminatory means to achieve a legitimate local purpose

Facially discriminatory state laws are virtually per se invalid and can survive only if the state demonstrates a legitimate local purpose that cannot be achieved through less discriminatory means.

Which constitutional provision limits Congress's ability to compel state legislatures to enact or enforce federal regulatory programs?

Answer: The Tenth Amendment anti-commandeering principle

The anti-commandeering principle, derived from the Tenth Amendment and articulated in New York v. United States and Printz v. United States, prohibits Congress from directly compelling state legislatures or executive officers to implement federal programs.

A government employee is fired after speaking on a matter of public concern. Under Garcetti v. Ceballos, the employee's First Amendment claim is barred if the speech was made:

Answer: Pursuant to official duties

Garcetti held that when public employees make statements pursuant to their official duties, they are not speaking as citizens on matters of public concern, so the First Amendment does not protect them from employer discipline.