Constitutional Law & Civil Rights Flashcards

A state military college admits only men. Under United States v. Virginia, the state must demonstrate:

Answer: An exceedingly persuasive justification substantially related to important objectives

Gender classifications receive intermediate scrutiny requiring an 'exceedingly persuasive justification,' as held in the VMI case.

A state requires all state police officers to be U.S. citizens. What standard of review applies?

Answer: Rational basis, under the political function exception

Under Foley v. Connelie, state citizenship requirements for positions involving core governmental functions receive only rational basis review.

A neutral, generally applicable state law incidentally burdens a religious practice. Under Employment Division v. Smith, the law is reviewed under:

Answer: Rational basis review

Smith holds that neutral laws of general applicability need not be justified by a compelling interest even if they burden religion.

After Kennedy v. Bremerton School District (2022), Establishment Clause claims are evaluated primarily by reference to:

Answer: Historical practices and understandings

Kennedy confirmed the Court abandoned Lemon and directed courts to interpret the Establishment Clause by historical practices and understandings.

Which of the following is NOT one of the Mathews v. Eldridge factors for determining what procedural due process requires?

Answer: Whether the right at stake is enumerated in the Bill of Rights

Mathews balances the private interest, risk of error, and government interest; whether a right is enumerated is not a factor.

A private corporation owns and operates an entire town, including streets and a business district, and bans religious leafleting. Under Marsh v. Alabama, the ban:

Answer: Constitutes state action under the public function doctrine

Marsh held that a company town performing traditional exclusive public functions is subject to First Amendment constraints.

Congress makes it a federal crime to possess a firearm within 1,000 feet of a school, without any jurisdictional element. Under United States v. Lopez, the statute:

Answer: Exceeds Congress's Commerce Clause power because it regulates noneconomic activity

Lopez struck down the Gun-Free School Zones Act because gun possession is noneconomic and lacked a jurisdictional nexus to commerce.