Constitutional Law Flashcards

Under the Takings Clause of the Fifth Amendment, a per se physical taking occurs when the government:

Answer: Permanently physically occupies private property, however small the intrusion

Loretto v. Teleprompter Manhattan CATV Corp. held that any permanent physical occupation of property by the government constitutes a per se taking regardless of the economic impact or public benefit.

The Self-Incrimination Clause of the Fifth Amendment protects individuals from being compelled to be witnesses against themselves. This protection applies to:

Answer: Testimonial evidence only, not physical or real evidence

The Fifth Amendment privilege against self-incrimination protects only testimonial or communicative evidence, not physical evidence such as blood samples, handwriting exemplars, or voice identification.

The Double Jeopardy Clause of the Fifth Amendment protects against prosecution after acquittal, conviction, and multiple punishments for the same offense. The 'same offense' is determined by the test from:

Answer: Blockburger v. United States (each offense requires proof of an element not required by the other)

Under the Blockburger test, two offenses are the 'same offense' for double jeopardy purposes unless each offense requires proof of at least one element that the other does not.

The Eighth Amendment prohibition on cruel and unusual punishment applies to which of the following under current Supreme Court doctrine?

Answer: Life without parole sentences for juveniles convicted of non-homicide offenses

Graham v. Florida held that the Eighth Amendment categorically prohibits life without parole for juvenile non-homicide offenders, as it is grossly disproportionate to their reduced culpability.

Incorporation doctrine makes most Bill of Rights guarantees applicable to the states through the Fourteenth Amendment. Which right has the Supreme Court NOT incorporated against the states?

Answer: The Fifth Amendment right to grand jury indictment in serious criminal cases

The Fifth Amendment right to grand jury indictment is one of the few Bill of Rights provisions that has not been incorporated against the states; states may use alternative charging methods like informations.

The Contracts Clause of Article I, Section 10 prohibits states from impairing the obligation of contracts. Under modern doctrine, this clause is reviewed under:

Answer: A reasonableness standard that gives substantial deference to the state's police power judgment

Modern Contracts Clause doctrine applies a reasonableness standard, asking whether the impairment is substantial and, if so, whether it is drawn in an appropriate and reasonable way to advance a significant and legitimate public purpose.

A state law that explicitly discriminates against out-of-state commerce in favor of in-state competitors is subject to which form of dormant Commerce Clause analysis?

Answer: Per se invalidity unless it falls within the market participant exception or Congress consents

Facially discriminatory state laws that favor local over out-of-state commerce are virtually per se invalid under the dormant Commerce Clause, subject only to narrow exceptions like the market participant doctrine.