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Constitutional Law Flashcards
Multistate Bar Examination 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 |
Focusing on key constitutional principles, landmark decisions, and analytical frameworks to strengthen MBE performance.