Constitutional Rights and Liberties Flashcards
6 cards from real OR BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Constitutional Rights and Liberties flashcards as text
What is the strict scrutiny test in constitutional law?
Answer: A standard requiring the government to show a compelling interest and narrowly tailored means for laws affecting fundamental rights
Strict scrutiny is the highest standard of review, requiring the government to prove a compelling state interest and that the law is narrowly tailored to achieve that interest.
What protections does the Equal Protection Clause provide?
Answer: It prohibits states from denying any person within their jurisdiction the equal protection of the laws
The Equal Protection Clause of the Fourteenth Amendment prohibits arbitrary government discrimination, requiring similarly situated persons to be treated alike under the law.
What is substantive due process?
Answer: Constitutional protection of fundamental rights from government interference regardless of the procedures used
Substantive due process protects certain fundamental rights from government interference, even if the government follows proper procedures. It encompasses rights like privacy and liberty.
What is the Commerce Clause power of Congress?
Answer: The constitutional authority to regulate activities substantially affecting interstate commerce
The Commerce Clause grants Congress broad authority to regulate channels and instrumentalities of interstate commerce and activities that substantially affect interstate commerce.
What is the incorporation doctrine?
Answer: The process by which the Bill of Rights is applied to state governments through the Fourteenth Amendment
Through selective incorporation via the Due Process Clause of the Fourteenth Amendment, most Bill of Rights protections have been applied against state and local governments.
What is the doctrine of sovereign immunity?
Answer: The principle that the government cannot be sued without its consent
Sovereign immunity holds that the government cannot be sued unless it has waived its immunity or consented to suit, as established by the Eleventh Amendment for states.
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