Constitutional Law Flashcards

Which Supreme Court case established the principle of judicial review, allowing courts to invalidate laws that conflict with the Constitution?

Answer: Marbury v. Madison

Marbury v. Madison (1803) established judicial review, holding that the Supreme Court has the authority to strike down laws that violate the Constitution.

The Supremacy Clause of the U.S. Constitution is found in which Article?

Answer: Article VI, Clause 2

The Supremacy Clause is located in Article VI, Clause 2, and establishes that the Constitution and federal laws are the 'supreme law of the land.'

Under First Amendment jurisprudence, which type of government restriction on speech is subject to the highest level of judicial scrutiny?

Answer: Content-based restrictions

Content-based restrictions on speech — those targeting speech because of its message or viewpoint — trigger strict scrutiny, the most demanding standard of review.

The Due Process Clause appears in which constitutional amendments?

Answer: Fifth and Fourteenth Amendments

The Due Process Clause appears in both the Fifth Amendment (applying to the federal government) and the Fourteenth Amendment (applying to state governments).

Which doctrine holds that most provisions of the Bill of Rights apply to state governments through the Fourteenth Amendment?

Answer: Incorporation doctrine

The incorporation doctrine uses the Fourteenth Amendment's Due Process Clause to apply most Bill of Rights provisions to the states.

In Lemon v. Kurtzman (1971), the Supreme Court established a three-part test for evaluating laws under which constitutional provision?

Answer: The Establishment Clause

The Lemon test applies to the Establishment Clause and requires that a law (1) have a secular purpose, (2) neither advance nor inhibit religion, and (3) avoid excessive government entanglement with religion.

Under the Commerce Clause, Congress may regulate which of the following under the post-New Deal doctrine?

Answer: Channels, instrumentalities, and activities substantially affecting interstate commerce

After Wickard v. Filburn (1942) and affirmed in Lopez and Morrison, Congress may regulate the channels of commerce, instrumentalities of commerce, and activities that substantially affect interstate commerce.