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Constitutional Law Flashcards
| Front | Back |
| 10th Amendment principle | States have sovereign powers not delegated to federal government |
| Clear and Present Danger Test | Determines when speech can be limited based on the threat it poses |
| Commerce Clause powers | Grants Congress the power to regulate interstate and international commerce |
| Commercial Speech protection | Protects speech related to economic transactions under the First Amendment |
| Corporation speech under First Amendment | Citizens United allows political spending as protected speech |
| Dormant Commerce Clause doctrine | State laws cannot unduly burden or discriminate against interstate commerce |
| Eighth Amendment prohibitions | Bans cruel and unusual punishment and excessive fines or bail |
| Equal Protection Clause standard | Requires states to provide equal protection under the law to all persons |
| Establishment Clause interpretation | Prohibits government from establishing an official religion or favoring one religion over another |
| Establishment Clause tests | Lemon Test: Purpose, Effect, and Entanglement |
| Exclusionary Rule | Prevents illegally obtained evidence from being used in court |
| Fifth Amendment rights | Includes due process and protection against self-incrimination |
| Fourth Amendment protections | Guards against unreasonable searches and seizures |
| Free Exercise Clause protection | Ensures individuals can practice their religion freely without government interference |
| Free Speech protections | Includes content, speaker, and context considerations |
| Incorporation Doctrine | Applies Bill of Rights protections to the states through the Fourteenth Amendment |
| Intermediate scrutiny application | Applied to gender discrimination and certain other classifications requiring an important government interest |
| Intermediate scrutiny test | Law must serve important interest and be substantially related to that interest |
| Marbury v Madison holding | Establishes judicial review of federal laws |
| Miranda Rights requirement | Requires police to inform suspects of their rights upon arrest |
| Nine Amendment significance | Recognizes that the list of rights in the Constitution is not exhaustive |
| Overbreadth Doctrine | Strikes down laws that restrict more speech than necessary |
| Political question doctrine | Courts must refrain from issues textually committed to other branches |
| Preemption types | Express preemption; field preemption; conflict preemption |
| Privileges or Immunities Clause of 14th Amendment | Protects rights of national citizenship from state infringement |
| Procedural due process analysis | Determine liberty or property interest then due process required |
| Public Forum Doctrine | Classifies spaces for different levels of speech protection |
| Public vs. Private Speech | Differentiates between government restrictions on public versus private expressions |
| Rational basis review | Law must be rationally related to legitimate government interest |
| Rational Basis Review application | Used for economic and social regulations requiring a legitimate government interest |
| Restrictions on Congress's taxing power | Tax must produce revenue and cannot be a regulatory penalty |
| Second Amendment right | Protects an individual's right to keep and bear arms |
| Sixth Amendment rights | Guarantees a fair trial, right to counsel, and speedy trial |
| Standing requirements under Article III | Injury in fact; causation; redressability |
| Strict scrutiny application | Used for fundamental rights and suspect classifications requiring compelling government interest |
| Strict scrutiny test | Law must serve compelling interest and be narrowly tailored |
| Substantive due process fundamental rights | Matrimonial rights; privacy; voting; contraception; abortion rights |
| Supremacy Clause effect | Federal law preempts conflicting state law |
| Supremacy Clause purpose | Establishes federal law as the supreme law of the land overriding state laws |
| Time | Place, and Manner restrictions, Allows regulation of speech based on non-content related factors |
Front
Strict scrutiny test
Click the card to flip
Back
Law must serve compelling interest and be narrowly tailored
Front
Overbreadth Doctrine
Back
Strikes down laws that restrict more speech than necessary
Front
Establishment Clause interpretation
Back
Prohibits government from establishing an official religion or favoring one religion over another
Front
Clear and Present Danger Test
Back
Determines when speech can be limited based on the threat it poses
Front
Substantive due process fundamental rights
Back
Matrimonial rights; privacy; voting; contraception; abortion rights
Front
Fifth Amendment rights
Back
Includes due process and protection against self-incrimination
Front
10th Amendment principle
Back
States have sovereign powers not delegated to federal government
Front
Public vs. Private Speech
Back
Differentiates between government restrictions on public versus private expressions
Front
Rational Basis Review application
Back
Used for economic and social regulations requiring a legitimate government interest
Front
Restrictions on Congress's taxing power
Back
Tax must produce revenue and cannot be a regulatory penalty
Front
Supremacy Clause effect
Back
Federal law preempts conflicting state law
Front
Eighth Amendment prohibitions
Back
Bans cruel and unusual punishment and excessive fines or bail
Front
Rational basis review
Back
Law must be rationally related to legitimate government interest
Front
Intermediate scrutiny test
Back
Law must serve important interest and be substantially related to that interest
Front
Marbury v Madison holding
Back
Establishes judicial review of federal laws
Front
Incorporation Doctrine
Back
Applies Bill of Rights protections to the states through the Fourteenth Amendment
Front
Procedural due process analysis
Back
Determine liberty or property interest then due process required
Front
Commercial Speech protection
Back
Protects speech related to economic transactions under the First Amendment
Front
Sixth Amendment rights
Back
Guarantees a fair trial, right to counsel, and speedy trial
Front
Standing requirements under Article III
Back
Injury in fact; causation; redressability
Front
Commerce Clause powers
Back
Grants Congress the power to regulate interstate and international commerce
Front
Corporation speech under First Amendment
Back
Citizens United allows political spending as protected speech
Front
Establishment Clause tests
Back
Lemon Test: Purpose, Effect, and Entanglement
Front
Equal Protection Clause standard
Back
Requires states to provide equal protection under the law to all persons
Front
Fourth Amendment protections
Back
Guards against unreasonable searches and seizures
Front
Free Exercise Clause protection
Back
Ensures individuals can practice their religion freely without government interference
Front
Intermediate scrutiny application
Back
Applied to gender discrimination and certain other classifications requiring an important government interest
Front
Second Amendment right
Back
Protects an individual's right to keep and bear arms
Front
Privileges or Immunities Clause of 14th Amendment
Back
Protects rights of national citizenship from state infringement
Front
Political question doctrine
Back
Courts must refrain from issues textually committed to other branches
Front
Miranda Rights requirement
Back
Requires police to inform suspects of their rights upon arrest
Front
Public Forum Doctrine
Back
Classifies spaces for different levels of speech protection
Front
Preemption types
Back
Express preemption; field preemption; conflict preemption
Front
Supremacy Clause purpose
Back
Establishes federal law as the supreme law of the land overriding state laws
Front
Strict scrutiny application
Back
Used for fundamental rights and suspect classifications requiring compelling government interest
Front
Time
Back
Place, and Manner restrictions, Allows regulation of speech based on non-content related factors
Front
Free Speech protections
Back
Includes content, speaker, and context considerations
Front
Nine Amendment significance
Back
Recognizes that the list of rights in the Constitution is not exhaustive
Front
Dormant Commerce Clause doctrine
Back
State laws cannot unduly burden or discriminate against interstate commerce
Front
Exclusionary Rule
Back
Prevents illegally obtained evidence from being used in court
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Focusing on key constitutional principles, landmark decisions, and analytical frameworks to strengthen MBE performance.