Constitutional Law

Question 1

Supremacy Clause

Answer 1

Federal law is the supreme law of the land, and state laws that conflict with federal law are preempted.

Question 2

Preemption

Answer 2

Federal preemption can be express or implied. Implied preemption includes field preemption (federal regulation is so pervasive that it occupies the entire field) and conflict preemption (state law conflicts with federal law

Question 3

Dormant Commerce Clause (generally)

Answer 3

States cannot pass laws that unduly burden or discriminate against interstate commerce.

Question 4

Checks and Balances (separation of powers)

Answer 4

Each branch of government (legislative, executive, judicial) has powers that check and balance the powers of the other branches.

Question 5

Nondelegation Doctrine (separation of powers)

Answer 5

Congress cannot delegate its legislative powers to other branches without clear and intelligible principles.

Question 6

Commerce Clause (congressional Powers)

Answer 6

Congress has the power to regulate interstate commerce, which includes channels, instrumentalities, and activities that substantially affect interstate commerce.

Question 7

Taxing and Spending Power (congressional powers)

Answer 7

Congress can tax and spend for the general welfare

Question 8

Necessary and Proper Clause (congressional Powers)

Answer 8

Congress can make all laws necessary and proper to execute its enumerated powers.

Question 9

War Powers (congressional Powers)

Answer 9

Congress has the power to declare war, raise and support armies, and make rules for the military.

Question 10

Executive Orders (executive powers)

Answer 10

Directives issued by the President that have the force of law.

Question 11

Commander in Chief (executive powers)

Answer 11

The President is the commander in chief of the armed forces.

Question 12

Treaty Power (executive powers)

Answer 12

The President can negotiate and enter into treaties with the advice and consent of the Senate.

Question 13

Appointment and Removal Power (executive powers)

Answer 13

The President appoints federal officers and judges with Senate confirmation and can remove executive officers.

Question 14

Marbury v. Madison

Answer 14

Established the principle of judicial review, allowing courts to declare laws unconstitutional.

Question 15

Justiciability Doctrines

Answer 15

Includes standing (personal injury, causation, redressability), ripeness (ready for adjudication), mootness (ongoing controversy), and political question (non-justiciable issues).

Question 16

Strict Scrutiny (equal protections)

Answer 16

Applies to laws affecting fundamental rights or involving suspect classifications (race, national origin).

Law must be narrowly tailored to a compelling government interest.

Question 17

Intermediate Scrutiny (equal protections)

Answer 17

Applies to laws involving quasi-suspect classifications (gender, illegitimacy).

Law must be substantially related to an important government interest.

Question 18

Rational Basis Review (equal protections)

Answer 18

Applies to all other classifications.

Law must be rationally related to a legitimate government interest

Question 19

Procedural Due Process

Answer 19

Requires notice and a hearing before the government can deprive a person of life, liberty, or property.

Question 20

Substantive Due Process

Answer 20

Protects fundamental rights from government interference. Fundamental rights include those implicit in the concept of ordered liberty (e.g., privacy, marriage, family).

Question 21

Freedom of Speech:

Answer 21

First Amendment

Protects against government restrictions on speech. Includes content-based restrictions (strict scrutiny), content-neutral restrictions (intermediate scrutiny), and unprotected speech (incitement, obscenity, defamation).

Question 22

Establishment Clause

Answer 22

First Amendment

Prohibits the government from establishing a religion or favoring one religion over another. Includes the Lemon test (secular purpose, no excessive entanglement).

Question 23

Free Exercise Clause

Answer 23

First Amendment

Protects individuals’ rights to practice their religion. Laws that burden religious practices must be neutral and generally applicable or satisfy strict scrutiny.

Question 24

Freedom of Assembly

Answer 24

First Amendment

Protects the right to peaceably assemble and to petition the government for redress of grievances.

Question 25

Second Amendment

Answer 25

Right to keep and bear arms.

Question 26

Fourth Amendment

Answer 26

Protection against unreasonable searches and seizures. Requires probable cause for warrants.

Question 27

Fifth Amendment

Answer 27

Protection against self-incrimination, double jeopardy, and guarantees due process.

Question 28

Sixth Amendment

Answer 28

Right to a speedy and public trial, impartial jury, to be informed of charges, confront witnesses, and have assistance of counsel.

Question 29

Eighth Amendment

Answer 29

Protection against cruel and unusual punishment and excessive bail.