Constitution Modern Relevance Flashcards

Which constitutional amendment was the basis for legalizing abortion in Roe v. Wade, and was later cited in its reversal in Dobbs v. Jackson?

Answer: A right to privacy implied in the Due Process Clause of the Fourteenth Amendment

Roe v. Wade grounded abortion rights in a right to privacy derived from the Fourteenth Amendment's Due Process Clause, a basis the Court overruled in Dobbs (2022).

A state legislature draws congressional district maps that pack minority voters into a single district to dilute their influence elsewhere. This practice is constitutionally challenged under:

Answer: The Fifteenth Amendment and Section 2 of the Voting Rights Act

Racial gerrymandering that dilutes minority voting power violates the Fifteenth Amendment and the Voting Rights Act, as addressed in cases like Shaw v. Reno.

The constitutional concept of 'prior restraint' protects against which government action?

Answer: Blocking publication of information before it is released to the public

Prior restraint refers to government censorship that prevents speech or publication before it occurs, which faces a heavy presumption of unconstitutionality under the First Amendment.

Under the Establishment Clause, which scenario would most likely be found constitutional by modern courts?

Answer: A state providing neutral tutoring services equally to students at religious and secular schools

Providing neutral, generally available benefits to both religious and secular institutions is constitutional under Establishment Clause doctrine, as confirmed in cases like Zelman v. Simmons-Harris.

Which doctrine allows federal courts to avoid deciding constitutional questions when a case can be resolved on other grounds?

Answer: Constitutional avoidance

The constitutional avoidance doctrine holds that courts should interpret statutes to avoid raising serious constitutional questions when a reasonable alternative interpretation exists.

The modern 'unitary executive theory' argues that the President has broad control over which branch of the federal government?

Answer: All executive branch agencies and officials

Unitary executive theory holds that Article II vests all executive power in the President, giving the President broad authority to direct and remove all executive branch officers.

Which constitutional amendment would be most relevant in a legal challenge to a government program that forces homeowners to quarter military personnel during peacetime?

Answer: Third Amendment

The Third Amendment explicitly prohibits the quartering of soldiers in private homes during peacetime without the owner's consent.