Constitutional Law Flashcards

What standard of review does the Pennsylvania Supreme Court use for free speech cases under the state constitution?

Answer: Strict scrutiny

The Pennsylvania Supreme Court often applies a higher level of scrutiny, specifically strict scrutiny, when evaluating free speech claims under the state constitution's Article I, Section 7, compared to federal First Amendment analysis. This reflects Pennsylvania's tradition of robust protection for individual liberties, requiring the government to show a compelling state interest and narrowly tailored means to restrict speech.

In Pennsylvania, who has the power to amend the state constitution?

Answer: The state legislature and the electorate

Amending the Pennsylvania Constitution is a two-step process involving both the state legislature and the electorate. Proposed amendments must first be approved by a majority vote in both the House and Senate in two consecutive legislative sessions. After legislative approval, the proposed amendment is then put to a vote by the qualified electors of the state in a statewide referendum.

What is the "Declaration of Rights" in the Pennsylvania Constitution?

Answer: The first article of the Pennsylvania Constitution outlining the fundamental rights of citizens

The "Declaration of Rights" is Article I of the Pennsylvania Constitution and serves as a foundational statement of the fundamental rights and liberties guaranteed to the citizens of the Commonwealth. It enumerates various individual rights, often providing broader protections than those found in the U.S. Constitution, and establishes the principles upon which the state government operates.

How does the Pennsylvania Constitution address the issue of equality compared to the U.S. Constitution?

Answer: It provides broader protections for equality

The Pennsylvania Constitution, particularly Article I, Section 29 (the Equal Rights Amendment), is generally interpreted by Pennsylvania courts to provide broader and more explicit protections for equality than the Equal Protection Clause of the U.S. Constitution. This state-level ERA prohibits discrimination based on sex and has been applied to various other forms of discrimination, often requiring strict scrutiny.

What is the primary function of the Pennsylvania Supreme Court?

Answer: To interpret the Pennsylvania Constitution

The Pennsylvania Supreme Court is the highest court in the Commonwealth and its primary function is to interpret the Pennsylvania Constitution and state laws. It serves as the final arbiter of legal disputes within the state's judicial system, ensuring consistency and adherence to constitutional principles. While it oversees the judiciary, its core role is judicial review and interpretation.