Constitutional Law Flashcards

Which doctrine holds that a constitutional case is not justiciable if it involves a question committed to another branch of government?

Answer: Political question doctrine

The political question doctrine bars federal courts from deciding matters constitutionally committed to Congress or the executive, such as foreign affairs or impeachment procedures.

For a plaintiff to have standing in federal court, which of the following is NOT required?

Answer: A jury trial

Standing requires injury in fact, causation (the injury is traceable to the defendant), and redressability (a favorable decision will remedy the injury)—a jury trial is not a standing requirement.

Under the Establishment Clause, which test historically asked whether a law had a secular purpose, neutral effect, and avoided excessive entanglement with religion?

Answer: Lemon test

The Lemon test, from Lemon v. Kurtzman (1971), examined secular purpose, primary effect, and excessive government entanglement with religion, though its use has been reconsidered in recent Supreme Court decisions.

The Eleventh Amendment generally bars federal suits against:

Answer: State governments by citizens of another state or foreign nation

The Eleventh Amendment bars federal court suits against a state by citizens of another state or a foreign country, reflecting principles of sovereign immunity.

Massachusetts courts have interpreted Article 14 of the Declaration of Rights (search and seizure) as providing:

Answer: Greater protections than the federal Fourth Amendment in some contexts

Massachusetts courts have held that Article 14 provides broader privacy protections than the federal Fourth Amendment in certain contexts, such as requiring warrants for situations federal law does not.

A law that burdens a fundamental right is subject to strict scrutiny, meaning the government must show the law is:

Answer: Necessary to achieve a compelling interest and narrowly tailored

Under strict scrutiny, the government must demonstrate the law is necessary to further a compelling governmental interest and is narrowly tailored to achieve that interest.