Constitutional Law Flashcards

The Equal Protection Clause requires strict scrutiny when a law classifies persons based on:

Answer: Race or national origin

Race and national origin are suspect classifications that trigger strict scrutiny, requiring the government to show a compelling interest and narrow tailoring.

Under the Establishment Clause, a government action is most likely constitutional if it:

Answer: Has a secular purpose and neither advances nor inhibits religion

Government action satisfies the Establishment Clause when it has a secular purpose, neither primarily advances nor inhibits religion, and avoids excessive entanglement.

When the President exercises the power of executive privilege, the Supreme Court has held that this privilege:

Answer: Is qualified and can be overcome by a demonstrated specific need

In United States v. Nixon, the Court recognized executive privilege as qualified, meaning it can be overcome by a demonstrated, specific need for evidence in a criminal proceeding.

The Takings Clause of the Fifth Amendment, applied to the states through the Fourteenth Amendment, requires just compensation when:

Answer: The government physically invades or effectively destroys all economic value of property

A taking requiring just compensation occurs when the government physically invades property or a regulation denies the owner all economically beneficial use.

Under the Second Amendment as interpreted in Heller, the right to keep and bear arms:

Answer: Protects an individual right to possess firearms for self-defense in the home

In District of Columbia v. Heller, the Supreme Court held the Second Amendment protects an individual right to possess firearms for lawful purposes such as self-defense in the home.

Which level of scrutiny applies to gender-based classifications under the Equal Protection Clause?

Answer: Intermediate scrutiny

Gender classifications are subject to intermediate scrutiny, requiring the government to show the law is substantially related to an important government interest.