Constitutional Law Flashcards

The Privileges or Immunities Clause of the Fourteenth Amendment protects privileges and immunities of:

Answer: National citizenship

After the Slaughterhouse Cases, the Privileges or Immunities Clause was narrowly interpreted to protect only rights of national citizenship, such as traveling to the seat of government.

A state law requires all political demonstrations to obtain a permit 30 days in advance. This law is most likely:

Answer: Invalid as a prior restraint on speech

A 30-day advance permit requirement for demonstrations is likely an unconstitutional prior restraint because it prevents spontaneous response to newsworthy events.

Congress delegates to an executive agency broad authority to regulate 'in the public interest.' Under the non-delegation doctrine, this grant of authority is most likely:

Answer: Constitutional if the agency acts consistently with the public interest

Modern non-delegation doctrine is lenient; broad delegations like 'public interest' have been upheld because courts find an intelligible principle even in vague standards.

The Free Exercise Clause of the First Amendment protects against:

Answer: Government laws that target religion or are not neutral and generally applicable

Under Employment Division v. Smith, generally applicable, neutral laws that incidentally burden religion are constitutional; only laws targeting religion require strict scrutiny.

Which of the following best describes the political question doctrine?

Answer: Certain questions are committed to other branches by the Constitution and are non-justiciable

The political question doctrine holds that certain issues—like the conduct of foreign affairs or the guarantee of a republican form of government—are committed to the political branches and cannot be reviewed by courts.

A city ordinance bans all signs within 500 feet of abortion clinics. This ordinance is most likely:

Answer: Unconstitutional as a content-based restriction on speech

A ban targeting signs near abortion clinics is content-based because it singles out a particular topic, triggering strict scrutiny that such targeted restrictions typically cannot survive.