Core constitutional law doctrines and standards of review tested on the bar exam.
40 cards · basic cards · AI-written, checked twice. Edit anything.
- What is the test for strict scrutiny?
- Law must be narrowly tailored to serve a compelling government interest.
- When does strict scrutiny apply?
- When 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?
- Law must serve an important government interest and be substantially related to achieving that interest.
- When does intermediate scrutiny apply?
- When a law uses a quasi-suspect classification (gender, legitimacy) or affects important (non-fundamental) rights.
- What is the rational basis test?
- Law must be rationally related to a legitimate government purpose.
- What categories of speech receive no First Amendment protection?
- Obscenity, incitement to imminent lawless action, true threats, child sexual abuse material, fighting words, and defamation.
- What is the Miller test for obscenity?
- Material 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?
- Public figure must prove actual malice: statement was made with knowledge of falsity or reckless disregard for truth.
- What is the commercial speech test?
- Commercial 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?
- Congress 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?
- Laws 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?
- Laws 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?
- Race, national origin, alienage (except for federal government in immigration context), and religion.
- What are quasi-suspect classifications under Equal Protection?
- Gender and legitimacy.
- What is the Commerce Clause test?
- Congress has power to regulate commerce among the states and with foreign nations.