Constitutional Law Flashcards

Under the First Amendment, what level of scrutiny applies to content-neutral speech restrictions in public forums?

Answer: Intermediate scrutiny

Content-neutral speech restrictions in public forums are subject to intermediate scrutiny, requiring the government to show a substantial interest and narrow tailoring.

The Fourteenth Amendment's Equal Protection Clause applies to which governments?

Answer: Both state and local governments

The Fourteenth Amendment's Equal Protection Clause applies to state and local governments, while federal equal protection is derived from the Fifth Amendment's Due Process Clause.

Which doctrine allows federal courts to abstain from deciding a constitutional issue if a state court could resolve it on state law grounds?

Answer: Pullman abstention

Pullman abstention allows federal courts to defer to state courts when a case involves an unsettled state law issue that could avoid the need to decide the federal constitutional question.

Under the Dormant Commerce Clause, a state law that discriminates against interstate commerce on its face is subject to what standard?

Answer: Virtual per se invalidity unless a narrowly tailored exception applies

Facially discriminatory state laws burdening interstate commerce are virtually per se invalid and can only survive if the state demonstrates a legitimate local purpose achievable by no other non-discriminatory means.

Which clause of the U.S. Constitution prohibits states from impairing the obligation of contracts?

Answer: Contract Clause

Article I, Section 10's Contract Clause prohibits states from passing laws that substantially impair existing contractual obligations without sufficient justification.

The Massachusetts Declaration of Rights is found in which part of the Massachusetts Constitution?

Answer: Part First

The Massachusetts Declaration of Rights is Part First of the Massachusetts Constitution of 1780, setting forth individual rights and freedoms.