Constitutional Law

Q: What are police powers in constitutional law?

A: State regulatory powers to protect public order

Q: Give examples of police powers in action.

A: Building codes

Q: What is the Privileges and Immunities Clause?

A: Prevents states from placing unreasonable burdens on citizens from other states.

Q: What’s an example of a valid difference in state treatment under Privileges and Immunities?

A: In-state tuition discounts.

Q: What is the Full Faith and Credit Clause?

A: States must respect the public acts

Q: What is an example of Full Faith and Credit Clause application?

A: A marriage license from one state being recognized in another.

Q: What does the Commerce Clause allow the federal government to regulate?

A: Interstate commerce and trade between states or with foreign nations.

Q: What is NOT covered by the Commerce Clause?

A: Purely intrastate (within one state) commerce

Q: What did Gibbons v. Ogden establish?

A: Federal government can regulate intrastate commerce if it affects other states.

Q: What does the Taxing Power allow Congress to do?

A: Impose taxes uniformly across all states.

Q: What is the federal Spending Power?

A: The power to spend money for general welfare and national defense.

Q: What is a legal person in constitutional law?

A: A business entity recognized by law with certain rights.

Q: What is a natural person?

A: A human being.

Q: What does the Bill of Rights protect against?

A: Government interference with the rights of legal and natural persons.

Q: What freedoms are protected by the First Amendment?

A: Speech

Q: What is symbolic speech?

A: Non-verbal expression like gestures

Q: What are content-neutral laws?

A: Laws regulating time

Q: What is required for a law to restrict content-based speech?

A: A compelling government interest and a narrowly tailored law.

Q: What is commercial speech?

A: Advertising or business-related speech with less protection.

Q: When can the government restrict commercial speech?

A: With a substantial interest (e.g.

Q: What did Citizens United decide about political speech?

A: Corporations and individuals can spend money on political campaigns.

Q: Name examples of unprotected speech.

A: Defamation

Q: What is obscene speech?

A: Sexual content offensive to the average person and lacking value

Q: What is the Establishment Clause?

A: Prohibits the government from establishing or promoting a religion.

Q: What does the Free Exercise Clause guarantee?

A: The right to practice any religion or none at all

Q: What does the 4th Amendment protect?

A: Against unreasonable searches and seizures.

Q: What is required for a valid search or seizure?

A: Probable cause and a warrant

Q: What is the "fruit of the poisonous tree" doctrine?

A: Illegally obtained evidence (and anything derived from it) can't be used in court.

Q: What does the 5th Amendment guarantee?

A: Grand jury indictment

Q: Who does the protection from self-incrimination apply to?

A: Natural persons

Q: What is eminent domain?

A: The government’s right to take private property for public use with just compensation.

Q: What are Miranda Rights?

A: Rights read to individuals upon arrest

Q: What does the 6th Amendment guarantee?

A: The right to an attorney and a fair trial.

Q: What does the 9th Amendment state?

A: People have rights beyond those listed in the Constitution.

Q: What is the 10th Amendment about?

A: Federalism — powers not given to the federal government are reserved to the states or people.

Q: What does the 14th Amendment Due Process Clause state?

A: No government can deprive a person of life

Q: What is procedural due process?

A: Requires notice and a fair hearing before depriving someone of life

Q: What is substantive due process?

A: Examines whether the law itself is fair and constitutional.

Q: What rights are considered fundamental under substantive due process?

A: Travel

Q: What does the Equal Protection Clause require?

A: Laws must treat similarly situated people the same.