Constitutional Law Flashcards

Under the Fourth Amendment, which standard governs whether an investigative stop (Terry stop) is constitutional?

Answer: Reasonable suspicion

A Terry stop requires only reasonable suspicion—articulable facts suggesting criminal activity—rather than the higher probable cause standard needed for a full arrest.

Which Supreme Court standard applies to a law that classifies based on gender?

Answer: Intermediate scrutiny

Gender-based classifications are reviewed under intermediate scrutiny, requiring the government to show the law is substantially related to an important governmental interest.

A state law conflicts with a valid federal statute. Under the Supremacy Clause, the result is:

Answer: The federal law preempts the state law

The Supremacy Clause of Article VI makes valid federal law the supreme law of the land, preempting conflicting state law.

Which constitutional provision most directly protects against warrantless searches of a person's home?

Answer: Fourth Amendment

The Fourth Amendment protects people against unreasonable searches and seizures, and the home receives its strongest protection—warrantless entries are presumptively unreasonable.

Under substantive due process, which right has been recognized as 'fundamental,' triggering strict scrutiny?

Answer: Right to interstate travel

The right to travel interstate has been recognized as a fundamental right under substantive due process, requiring strict scrutiny for laws that burden it.

Massachusetts Article 12 of the Declaration of Rights is analogous to which federal constitutional provision?

Answer: Fifth and Sixth Amendment due process and trial rights

Massachusetts Article 12 parallels the federal Fifth and Sixth Amendments, guaranteeing due process, the right to be informed of charges, and the right to confront witnesses.