Constitutional Law Flashcards

Which level of scrutiny applies to government classifications based on race or national origin under the Equal Protection Clause?

Answer: Strict scrutiny

Race and national origin are 'suspect classifications' that trigger strict scrutiny, requiring the government to show a compelling interest served by narrowly tailored means.

Gender-based classifications by the government are evaluated under which standard of review?

Answer: Intermediate scrutiny

Gender classifications are subject to intermediate scrutiny, requiring the government to show that the classification is substantially related to an important government interest.

The 'political question doctrine' holds that federal courts should decline to resolve disputes that are:

Answer: Committed to a coordinate political branch or lack judicially manageable standards

The political question doctrine, from Baker v. Carr, bars courts from deciding issues constitutionally assigned to Congress or the President, or those lacking judicially discoverable standards.

To establish Article III standing, a plaintiff must demonstrate all of the following EXCEPT:

Answer: A constitutional or statutory right explicitly enumerated in the Bill of Rights

Standing requires injury in fact, causation, and redressability — there is no requirement that the plaintiff's right be explicitly enumerated in the Bill of Rights.

The Takings Clause of the Fifth Amendment requires the government to provide just compensation when it:

Answer: Takes private property for public use

The Takings Clause mandates just compensation when the government physically appropriates private property or regulates it so severely as to constitute a taking, provided the taking is for public use.

Which Supreme Court decision held that the Second Amendment protects an individual right to keep and bear arms for self-defense in the home?

Answer: District of Columbia v. Heller

District of Columbia v. Heller (2008) held that the Second Amendment protects an individual right to possess firearms independent of service in a militia, particularly for self-defense in the home.

Under the Non-Delegation Doctrine, Congress may delegate legislative power to administrative agencies so long as it provides:

Answer: An intelligible principle to guide the agency's exercise of delegated authority

The intelligible principle test (J.W. Hampton v. United States) allows delegation as long as Congress provides sufficient guidance to prevent agencies from exercising unconstrained legislative power.