Constitutional Law Flashcards

A state law that discriminates against out-of-state commerce will most likely be struck down under which doctrine?

Answer: Dormant Commerce Clause

The Dormant Commerce Clause prohibits states from discriminating against interstate commerce even absent federal legislation.

The presidential veto power is subject to override by which congressional vote?

Answer: Two-thirds majority in each chamber

Article I requires a two-thirds vote in both the House and Senate to override a presidential veto.

Under the Second Amendment as interpreted in District of Columbia v. Heller, individuals have a right to keep firearms for which purpose?

Answer: Self-defense in the home

Heller held the Second Amendment protects an individual right to keep arms for self-defense within the home.

The Takings Clause of the Fifth Amendment requires just compensation when the government takes private property for which use?

Answer: Public use

The Fifth Amendment mandates just compensation when private property is taken for public use, as interpreted by the courts.

The Supremacy Clause establishes that when valid federal law conflicts with state law, which law prevails?

Answer: Federal law

Article VI's Supremacy Clause makes the Constitution and valid federal laws the supreme law of the land, preempting conflicting state laws.

Which test does the Supreme Court apply when evaluating gender-based classifications under the Equal Protection Clause?

Answer: Intermediate scrutiny

Gender classifications must be substantially related to an important government interest under the intermediate scrutiny standard.