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Bar Exam: Constitutional Law

Core constitutional law doctrines and standards of review tested on the bar exam.

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40 basic cards for Bar exam Law. Set 4 of 14 in Bar Exam. It opens with "What is the test for strict scrutiny?" and "When does strict scrutiny apply?". More Professional Certifications decks are listed below.

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What is the test for strict scrutiny?
Show answerLaw must be narrowly tailored to serve a compelling government interest.
When does strict scrutiny apply?
Show answerWhen a law affects a fundamental right, uses a suspect classification, or burdens a fundamental right based on a suspect class.
What is the intermediate scrutiny test?
Show answerLaw must serve an important government interest and be substantially related to achieving that interest.
When does intermediate scrutiny apply?
Show answerWhen a law uses a quasi-suspect classification (gender, legitimacy) or affects important (non-fundamental) rights.
What is the rational basis test?
Show answerLaw must be rationally related to a legitimate government purpose.
What categories of speech receive no First Amendment protection?
Show answerObscenity, incitement to imminent lawless action, true threats, child sexual abuse material, fighting words, and defamation.
What is the Miller test for obscenity?
Show answerMaterial is obscene if (1) average person would find it appeals to prurient interest, (2) it depicts sexual conduct in patently offensive way, and (3) it lacks serious literary, artistic, political, or scientific value.
What is the standard for public figure defamation?
Show answerPublic figure must prove actual malice: statement was made with knowledge of falsity or reckless disregard for truth.
What is the commercial speech test?
Show answerCommercial speech that is not misleading and concerns lawful activity receives intermediate protection if government has substantial interest and regulation directly advances that interest and is narrowly tailored.
What does the Establishment Clause prohibit?
Show answerCongress shall make no law respecting an establishment of religion. Prohibits laws that have primary effect of advancing or inhibiting religion.
What is the Free Exercise Clause standard after Employment Division v. Smith?
Show answerLaws of general applicability that incidentally burden religious practice are constitutional if rationally related to legitimate government purpose, even without compelling interest.
What triggers strict scrutiny under Equal Protection?
Show answerLaws that classify based on suspect classifications (race, national origin, alienage in most contexts) or affect fundamental rights.
What are the suspect classifications under Equal Protection?
Show answerRace, national origin, alienage (except for federal government in immigration context), and religion.
What are quasi-suspect classifications under Equal Protection?
Show answerGender and legitimacy.
What is the Commerce Clause test?
Show answerCongress has power to regulate commerce among the states and with foreign nations.

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