Constitutional Law Flashcards

Under the Commerce Clause, Congress has the power to regulate activities that:

Answer: Substantially affect interstate commerce

The Supreme Court held in Wickard v. Filburn and reaffirmed in Lopez that Congress may regulate activities that substantially affect interstate commerce.

Under the First Amendment, which type of speech receives the LEAST constitutional protection?

Answer: Obscenity

Obscenity falls entirely outside First Amendment protection, while political, commercial, and symbolic speech each receive varying degrees of protection.

When a government actor deprives a person of a protected liberty or property interest, procedural due process requires at minimum:

Answer: Notice and an opportunity to be heard

Procedural due process requires, at a minimum, notice and a meaningful opportunity to be heard before the government deprives a person of a protected interest.

Under the Equal Protection Clause, strict scrutiny applies when a law:

Answer: Classifies individuals based on race

Strict scrutiny applies to laws that classify based on suspect classifications such as race, requiring the law to be necessary to achieve a compelling government interest.

Under the Fourth Amendment, a warrantless search of a home is presumptively unreasonable UNLESS:

Answer: A recognized exception to the warrant requirement applies

The Fourth Amendment's warrant requirement for home searches is only satisfied by a valid warrant or by a recognized exception such as exigent circumstances, consent, or plain view.

Under the Takings Clause of the Fifth Amendment, when the government permanently physically occupies private property, compensation is required:

Answer: Always, regardless of the duration or economic impact of the occupation

In Loretto v. Teleprompter Manhattan CATV Corp., the Supreme Court held that any permanent physical occupation constitutes a per se taking requiring just compensation regardless of economic impact.

When analyzing an Establishment Clause challenge, which test has courts traditionally applied to determine whether a government action unconstitutionally endorses religion?

Answer: The Lemon test and/or Endorsement test

Courts traditionally applied the Lemon test (secular purpose, neither advances nor inhibits religion, no excessive entanglement) and Endorsement test to Establishment Clause challenges.