Mixed Deck — All LAW SCHOOL Topics Flashcards

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.

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.

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.

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.

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.

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 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).

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.

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.

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.

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.

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.

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.