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Constitutional Law  Flashcards

Multistate Bar Examination Flashcards

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10th Amendment principleStates have sovereign powers not delegated to federal government
Clear and Present Danger TestDetermines when speech can be limited based on the threat it poses
Commerce Clause powersGrants Congress the power to regulate interstate and international commerce
Commercial Speech protectionProtects speech related to economic transactions under the First Amendment
Corporation speech under First AmendmentCitizens United allows political spending as protected speech
Dormant Commerce Clause doctrineState laws cannot unduly burden or discriminate against interstate commerce
Eighth Amendment prohibitionsBans cruel and unusual punishment and excessive fines or bail
Equal Protection Clause standardRequires states to provide equal protection under the law to all persons
Establishment Clause interpretationProhibits government from establishing an official religion or favoring one religion over another
Establishment Clause testsLemon Test: Purpose, Effect, and Entanglement
Exclusionary RulePrevents illegally obtained evidence from being used in court
Fifth Amendment rightsIncludes due process and protection against self-incrimination
Fourth Amendment protectionsGuards against unreasonable searches and seizures
Free Exercise Clause protectionEnsures individuals can practice their religion freely without government interference
Free Speech protectionsIncludes content, speaker, and context considerations
Incorporation DoctrineApplies Bill of Rights protections to the states through the Fourteenth Amendment
Intermediate scrutiny applicationApplied to gender discrimination and certain other classifications requiring an important government interest
Intermediate scrutiny testLaw must serve important interest and be substantially related to that interest
Marbury v Madison holdingEstablishes judicial review of federal laws
Miranda Rights requirementRequires police to inform suspects of their rights upon arrest
Nine Amendment significanceRecognizes that the list of rights in the Constitution is not exhaustive
Overbreadth DoctrineStrikes down laws that restrict more speech than necessary
Political question doctrineCourts must refrain from issues textually committed to other branches
Preemption typesExpress preemption; field preemption; conflict preemption
Privileges or Immunities Clause of 14th AmendmentProtects rights of national citizenship from state infringement
Procedural due process analysisDetermine liberty or property interest then due process required
Public Forum DoctrineClassifies spaces for different levels of speech protection
Public vs. Private SpeechDifferentiates between government restrictions on public versus private expressions
Rational basis reviewLaw must be rationally related to legitimate government interest
Rational Basis Review applicationUsed for economic and social regulations requiring a legitimate government interest
Restrictions on Congress's taxing powerTax must produce revenue and cannot be a regulatory penalty
Second Amendment rightProtects an individual's right to keep and bear arms
Sixth Amendment rightsGuarantees a fair trial, right to counsel, and speedy trial
Standing requirements under Article IIIInjury in fact; causation; redressability
Strict scrutiny applicationUsed for fundamental rights and suspect classifications requiring compelling government interest
Strict scrutiny testLaw must serve compelling interest and be narrowly tailored
Substantive due process fundamental rightsMatrimonial rights; privacy; voting; contraception; abortion rights
Supremacy Clause effectFederal law preempts conflicting state law
Supremacy Clause purposeEstablishes federal law as the supreme law of the land overriding state laws
TimePlace, and Manner restrictions, Allows regulation of speech based on non-content related factors
Focusing on key constitutional principles, landmark decisions, and analytical frameworks to strengthen MBE performance.
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