Constitutional Law Flashcards

The Eleventh Amendment generally bars federal courts from hearing suits:

Answer: By private citizens against a state without the state's consent

The Eleventh Amendment embodies the principle of sovereign immunity, generally prohibiting federal courts from adjudicating suits brought by private parties against a state without that state's consent.

Under the Necessary and Proper Clause, Congress may:

Answer: Enact any law that is rationally related to the execution of an enumerated power

The Necessary and Proper Clause allows Congress to use any rational means that is reasonably adapted to the execution of its enumerated constitutional powers.

A government official sues a newspaper for publishing an article about his misconduct. Under First Amendment defamation law, he must prove:

Answer: That the newspaper published a false statement of fact with actual malice

Under New York Times v. Sullivan, a public official must prove by clear and convincing evidence that the defendant published a false statement of fact with actual malice — knowledge of falsity or reckless disregard for the truth.

Under the Second Amendment as interpreted in District of Columbia v. Heller, the government may NOT:

Answer: Prohibit law-abiding citizens from keeping operable handguns in their homes for self-defense

Heller held that the Second Amendment protects an individual right to keep and bear arms for traditionally lawful purposes, including self-defense in the home, and struck down D.C.'s handgun ban.

The Eighth Amendment's prohibition on cruel and unusual punishment applies to criminal sentences that:

Answer: Are grossly disproportionate to the severity of the crime

The Eighth Amendment's proportionality principle prohibits criminal sentences that are grossly disproportionate to the offense, as established in cases like Solem v. Helm and Atkins v. Virginia.

Under the procedural due process guarantee of the Fifth and Fourteenth Amendments, what must the government provide before depriving an individual of a protected interest?

Answer: Notice and an opportunity to be heard appropriate to the nature of the deprivation

Procedural due process requires that before the government deprives a person of life, liberty, or property, it must provide notice and an opportunity to be heard that is appropriate to the circumstances.

Under the Free Exercise Clause, a neutral law of general applicability that burdens religious practice is:

Answer: Constitutional as long as it is rationally related to a legitimate government interest

Under Employment Division v. Smith, neutral laws of general applicability are subject only to rational basis review even if they incidentally burden religious practice.