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Constitutional Law Flashcards
Multistate Bar Examination Flashcards
Study our Constitutional Law flashcards for the Multistate Bar Examination exam with 40+ flashcards. View as flashcards, a searchable table, or as a fun matching game.
| 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 |
About the Flashcards
Flashcards for the Multistate Bar Examination exam supply a concise, high-yield survey of United States constitutional law. Each card captures essential doctrines, landmark decisions, and amendment protections that frequently appear on test questions.
Review Article III standing, judicial review, federalism and preemption, Congress's commerce and taxing powers, equal protection tiers of scrutiny, substantive and procedural due process, First Amendment speech and religion, and fundamental criminal procedure rights. Regular repetition strengthens recall of element lists and analytical tests, preparing you to write precise rule statements and quickly dissect hypothetical fact patterns under exam time pressure.
Topics covered in this flashcard deck:
- Article III & standing
- Commerce & taxing powers
- Levels of scrutiny
- Due Process & Equal Protection
- Speech and Religion Clauses
- Criminal procedure rights