OH Bar Constitutional Law Flashcards

Under substantive due process, what level of scrutiny applies to government interference with a fundamental right?

Answer: Strict scrutiny

When a law burdens a fundamental right—such as voting, travel, or privacy interests—courts apply strict scrutiny, requiring the law to be narrowly tailored to achieve a compelling government interest.

The Establishment Clause of the First Amendment prohibits government from doing which of the following?

Answer: Making laws respecting an establishment of religion

The Establishment Clause prohibits Congress (and through incorporation, the states) from making any law respecting an establishment of religion, preventing government from officially endorsing or coercing religious belief.

Which constitutional amendment prohibits the federal government from depriving any person of life, liberty, or property without due process of law?

Answer: Fifth Amendment

The Fifth Amendment's Due Process Clause restricts the federal government's ability to deprive individuals of life, liberty, or property without procedural and substantive due process.

The 'overbreadth' doctrine in First Amendment law allows a party to challenge a statute as unconstitutional even if their own conduct could be regulated, because:

Answer: The statute substantially chills protected speech of third parties

Overbreadth doctrine permits a facial challenge when a law sweeps so broadly that it chills a substantial amount of protected speech, even if the challenger's specific conduct could constitutionally be prohibited.

Under the Supremacy Clause, when does federal law preempt state law?

Answer: When federal law conflicts with state law, Congress occupies the field, or compliance with both is impossible

Preemption occurs through express preemption, field preemption (Congress occupies the entire regulatory field), or conflict preemption (it is impossible to comply with both or the state law obstructs federal purposes).

Ohio's Constitution vests the judicial power in a unified court system headed by which court?

Answer: Ohio Supreme Court

Article IV of the Ohio Constitution establishes the Ohio Supreme Court as the highest court in the state's unified court system, with general superintendence over all courts of the state.