Constitutional Law Flashcards

When a government action burdens a fundamental right under substantive due process, what standard of review applies?

Answer: Strict scrutiny

Strict scrutiny applies when fundamental rights or suspect classifications are at issue, requiring the law to be narrowly tailored to serve a compelling government interest.

A city ordinance restricts political demonstrations to between 8 AM and 8 PM in public parks. This is best characterized as:

Answer: A content-neutral time, place, and manner restriction

The ordinance restricts when—not what—speech may occur, making it content-neutral and subject to the more lenient time, place, and manner analysis requiring narrow tailoring to a significant interest.

Under the Equal Protection Clause, which level of scrutiny applies to government classifications based on sex?

Answer: Intermediate scrutiny

Sex-based classifications receive intermediate scrutiny under United States v. Virginia, requiring the government to show the classification is substantially related to an important government interest.

The Establishment Clause of the First Amendment is BEST described as prohibiting:

Answer: Government laws respecting an establishment of religion

The Establishment Clause, in the text of the First Amendment, prohibits Congress from making laws 'respecting an establishment of religion,' which has been interpreted to forbid government endorsement or advancement of religion.

Under Lucas v. South Carolina Coastal Council, a regulation that deprives a property owner of ALL economically beneficial use of her land constitutes:

Answer: A per se taking requiring full just compensation

In Lucas, the Supreme Court held that a regulation eliminating all economic value of property is a categorical (per se) taking requiring just compensation, unless the use was already prohibited by background principles of state property law.

Under Employment Division v. Smith, a neutral law of general applicability that incidentally burdens religious practice is subject to:

Answer: Rational basis review

In Smith, the Supreme Court held that neutral, generally applicable laws that incidentally burden religion need only satisfy rational basis review under the Free Exercise Clause.

Which of the following classifications triggers strict scrutiny under the Equal Protection Clause?

Answer: Race

Race is a classic suspect classification that triggers strict scrutiny under the Equal Protection Clause; age, disability, and wealth are not suspect classifications and receive only rational basis review.