OK Bar Constitutional Law Flashcards

The Second Amendment right to keep and bear arms, after District of Columbia v. Heller, is best described as:

Answer: An individual right subject to reasonable regulation

Heller recognized an individual right to keep arms for self-defense but confirmed the right is subject to reasonable regulatory limits.

Under the Fourth Amendment, a search requires a warrant EXCEPT when:

Answer: A recognized exception such as consent, exigent circumstances, or search incident to arrest applies

Warrantless searches are presumptively unreasonable but are constitutional when a recognized exception to the warrant requirement applies.

The Privileges and Immunities Clause of Article IV prohibits states from:

Answer: Discriminating against citizens of other states with respect to fundamental rights

Article IV's Privileges and Immunities Clause bars states from treating out-of-state citizens worse than their own citizens regarding fundamental rights.

Congressional power to enforce the Fourteenth Amendment under Section 5 must be:

Answer: Proportional and congruent to documented constitutional violations

Under City of Boerne v. Flores, Section 5 enforcement legislation must be congruent and proportional to the constitutional violations being remedied.

An ex post facto law is constitutionally prohibited and is defined as a law that:

Answer: Retroactively criminalizes conduct or increases punishment for past crimes

The Ex Post Facto Clause prohibits laws that retroactively criminalize acts, increase penalties, or reduce the evidence needed for conviction.

Which of the following is NOT a recognized limit on Congress's Commerce Clause power after Lopez?

Answer: Congress must make factual findings supporting a substantial effect on interstate commerce

Lopez and Morrison do not require Congress to make formal factual findings; rather, courts examine whether a rational basis for the connection to commerce exists.