Constitutional Law Flashcards
Supremacy Clause
Federal law is the supreme law of the land, and state laws that conflict with federal law are preempted.
Preemption
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
Dormant Commerce Clause (generally)
States cannot pass laws that unduly burden or discriminate against interstate commerce.
Checks and Balances (separation of powers)
Each branch of government (legislative, executive, judicial) has powers that check and balance the powers of the other branches.
Nondelegation Doctrine (separation of powers)
Congress cannot delegate its legislative powers to other branches without clear and intelligible principles.
Commerce Clause (congressional Powers)
Congress has the power to regulate interstate commerce, which includes channels, instrumentalities, and activities that substantially affect interstate commerce.
Taxing and Spending Power (congressional powers)
Congress can tax and spend for the general welfare
Necessary and Proper Clause (congressional Powers)
Congress can make all laws necessary and proper to execute its enumerated powers.
War Powers (congressional Powers)
Congress has the power to declare war, raise and support armies, and make rules for the military.
Executive Orders (executive powers)
Directives issued by the President that have the force of law.
Commander in Chief (executive powers)
The President is the commander in chief of the armed forces.
Treaty Power (executive powers)
The President can negotiate and enter into treaties with the advice and consent of the Senate.
Appointment and Removal Power (executive powers)
The President appoints federal officers and judges with Senate confirmation and can remove executive officers.
Marbury v. Madison
Established the principle of judicial review, allowing courts to declare laws unconstitutional.
Justiciability Doctrines
Includes standing (personal injury, causation, redressability), ripeness (ready for adjudication), mootness (ongoing controversy), and political question (non-justiciable issues).
Strict Scrutiny (equal protections)
Applies to laws affecting fundamental rights or involving suspect classifications (race, national origin).
Law must be narrowly tailored to a compelling government interest.
Intermediate Scrutiny (equal protections)
Applies to laws involving quasi-suspect classifications (gender, illegitimacy).
Law must be substantially related to an important government interest.
Rational Basis Review (equal protections)
Applies to all other classifications.
Law must be rationally related to a legitimate government interest
Procedural Due Process
Requires notice and a hearing before the government can deprive a person of life, liberty, or property.
Substantive Due Process
Protects fundamental rights from government interference. Fundamental rights include those implicit in the concept of ordered liberty (e.g., privacy, marriage, family).
Freedom of Speech:
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).
Establishment Clause
First Amendment
Prohibits the government from establishing a religion or favoring one religion over another. Includes the Lemon test (secular purpose, no excessive entanglement).
Free Exercise Clause
First Amendment
Protects individuals’ rights to practice their religion. Laws that burden religious practices must be neutral and generally applicable or satisfy strict scrutiny.
Freedom of Assembly
First Amendment
Protects the right to peaceably assemble and to petition the government for redress of grievances.
Second Amendment
Right to keep and bear arms.
Fourth Amendment
Protection against unreasonable searches and seizures. Requires probable cause for warrants.
Fifth Amendment
Protection against self-incrimination, double jeopardy, and guarantees due process.
Sixth Amendment
Right to a speedy and public trial, impartial jury, to be informed of charges, confront witnesses, and have assistance of counsel.
Eighth Amendment
Protection against cruel and unusual punishment and excessive bail.
