Constitutional Law Flashcards
What is the rule for symbolic speech under the First Amendment?
Symbolic speech is protected if it is intended to convey a specific message and is likely to be understood by others.
What level of scrutiny applies to laws restricting symbolic speech?
Intermediate scrutiny: The law must be narrowly tailored to serve an important state interest unrelated to suppressing speech, and the burden on speech must be no greater than necessary to achieve that interest.
What makes a law unconstitutionally overbroad?
A law is unconstitutionally overbroad if it restricts substantially more speech than necessary.
What type of language often makes a law overbroad?
Sweeping language like ‘any’ or ‘all’ often makes a law overbroad.
What is an example of an overbroad law?
A law prohibiting all forms of protest in a public park.
What makes a law unconstitutionally vague?
A law is unconstitutionally vague if it does not clearly state what is prohibited, making it difficult for people of ordinary intelligence to understand, and leading to arbitrary enforcement.
What is an example of a vague law?
A law banning ‘offensive’ clothing without defining what is considered ‘offensive’.
What are the President’s domestic powers?
- Enforcing laws. 2. Granting pardons. 3. Making treaties (with Senate approval). 4. Appointing officials.
When is the President’s power at its strongest?
When acting with express or implied permission from Congress.
What happens when Congress is silent on an executive action?
The President acts in a ‘zone of twilight,’ where the scope of power is uncertain.
When is the President’s power at its lowest?
When Congress has explicitly prohibited an action.
Can executive orders override legislation?
No, executive orders cannot override or contradict laws duly enacted by Congress.
What happens if an executive order conflicts with a law passed by Congress?
The law prevails unless the President can justify the order under independent constitutional authority.
What does the Due Process Clause of the 14th Amendment protect?
A citizen may not be deprived of life, liberty, or property without due process of law.
What is procedural due process?
Procedural due process ensures a citizen is given adequate notice and a meaningful opportunity to be heard before being deprived of life, liberty, or property.
What factors do courts consider in procedural due process cases?
- Whether the citizen was deprived of a life, liberty, or property interest. 2. Whether the state provided adequate notice and a meaningful opportunity to be heard. 3. The importance of the citizen’s interest versus the state’s interests and procedural safeguards. 4. Whether additional procedures would have prevented the violation.
What is substantive due process?
Substantive due process prevents the government from enacting laws that burden or infringe on fundamental rights.
How is a fundamental right defined under substantive due process?
A fundamental right is one that is deeply rooted in the nation’s history and traditions or explicitly protected by the Constitution.
What level of scrutiny applies when a state law burdens a fundamental right?
Strict scrutiny: The law must be narrowly tailored to achieve a compelling state interest.
What does the Equal Protection Clause require?
States must not discriminate against similarly situated persons.
What level of scrutiny applies to laws that burden a suspect class or fundamental right?
Strict scrutiny: The law must be narrowly tailored to serve a compelling state interest.
What are the suspect classifications under strict scrutiny?
Race, Alienage, and National Origin (RAN).
What level of scrutiny applies to quasi-suspect classifications?
Intermediate scrutiny: The law must be substantially related to an important state interest.
What are the quasi-suspect classifications?
Gender, Illegitimacy, and Sexual Orientation (GIS).
