1. Constitutional Law

Constitutional Law

Playlist: 36 Videos: 79 Minutes


Chapter Material

Constitutional Law (Intro)

US Constitution – The Source of US Law

US Constitution – States and Federal Governments

What is the “Contract Clause”?

The 1st Amendment of the US Constitution

US Constitution – 5th and 14th Amendments


Topic Outline

Introduction to Constitutional Law
The US Constitution is the supreme law of the United States. It provides the framework for our Federal Government and is the model for state governments. It establishes certain individual rights and provides protection against government interference with those rights. It also provides the authority for the federal and state governments to pass laws governing individuals and property. This chapter will review the major provisions (Articles) of the Constitution that establish the framework for the legal system. It will explore the dichotomy between federal and state governments and touch on the major constitutional protections of individual rights — primarily contained in the Bill of Rights and subsequent Amendments. Notably, it will explore the procedural protections for those made subject to the legal system. Lastly, it will explain the government’s authority to pass laws and the standards that apply when determining the legality of the laws they pass. For further written and video explanation, discussion and practice questions, see Constitutional Law (Intro)

Major Parts of the US Constitution
  • Divided into seven Articles.
  • Article I, II, III establish the governance structure of United States.
  • 27 amendments to the document.

For further written and video explanation, discussion and practice questions, see What is Included in the US Constitution?

Separation of Powers
  • Legislative Branch (Article I) – House of Representatives and Senate (collectively, “Congress”)
  • Executive Branch (Article II) – President
  • Judicial Branch (Article III) – US Supreme Court

For further written and video explanation, discussion and practice questions, see What is the "Separation of Powers"?

Checks and Balances
Checks and Balances - each branch independently checks the authority of the other branches.

For further written and video explanation, discussion and practice questions, see What is "Checks and Balances"?

Legislative Branch
  • passes laws that guide the executive branch in the execution of the law.
  • approve the executive branch’s budget and certain presidential appointments to high-level administrative positions.
  • authority to impeach (bring charges against) the President for misconduct committed while in office.
  • passing laws that supersede or replace the existing common law developed by the judiciary.
  • approve the President’s nomination of an individual for appointment to federal judicial positions, including the US Supreme Court.

For further written and video explanation, discussion and practice questions, see What is the "Legislative Branch"?

Executive Branch
  • Office of the President of the United States.
  • power to veto (strike down) legislation.
  • may selectively enforce laws t
  • nominates members to the federal judiciary a
  • power to pardon those convicted under certain criminal statutes.

For further written and video explanation, discussion and practice questions, see What is the "Executive Branch"?

Judicial Branch
  • Reviews laws for constitutionality.
  • checks all executive orders or actions for constitutionality.
  • ability to overturn unconstitutional laws and executive orders or actions.
  • can limit the scope of a law by narrowly or broadly interpreting it in a manner that does not infringe upon constitutional rights.

For further written and video explanation, discussion and practice questions, see What is the "Judicial Branch"?

Federalism
  • 10th Amendment specifically reserves power of self-governance to the states.
  • Federal government must have Constitutional authority to pass a law
  • States pass laws pursuant to their state constitutions and the police power inferred from the 10th Amendment.

For further written and video explanation, discussion and practice questions, see What is "Federalism"?

Supremacy Clause
  • Article VI, Section 2 of the US Constitution
  • Constitution is supreme over all laws (federal and state).
  • State law cannot conflict.
  • Only federal law can regulate conduct that is “Preempted”.

For further written and video explanation, discussion and practice questions, see What is the "Supremacy Clause" and "Preemption"?

Full Faith and Credit Clause
  • Article IV, Section 1
  • “Full faith and credit shall be given in each state to the public Acts, Records, and judicial proceedings of every other state.”
  • each state recognize the laws of every other state.
  • Public policy exception

For further written and video explanation, discussion and practice questions, see What is the "Full Faith & Credit Clause"?

Privileges and Immunities Clause
  • Article IV, Section 2
  • “Citizens of each state shall be entitled to all privileges and immunities of cities in the several states.”
  • No advantages or discrimination by a state government simply because of the person’s state or residency.
    • Requires a “substantial” justification.

For further written and video explanation, discussion and practice questions, see What is the "Privileges and Immunities Clause"?

Commerce Clause
  • Article I, Section 8
  • Right to “regulate commerce … among the several states…”
  • Federal Government’s right to regulate any activity that affects interstate commerce.
  • Justification for most federal laws.
  • Dormant Commerce Clause - State law cannot substantially conflict with, intend to regulate, or substantially conflict with interstate commerce.

For further written and video explanation, discussion and practice questions, see What is the "Commerce Clause"?

Taxing and Spending Power
  • Article 1, Section 8
  • Federal government has the “Power to lay and collect Taxes, Duties, Imports, and Excises.”
  • Taxes be uniformly applicable to all individuals.
  • Federal government can “Pay the debts and provide for the common Defense and general Welfare of the US.”

For further written and video explanation, discussion and practice questions, see What is the "Taxing and Spending Power"?

Contracts Clause
  • Article I, Section 10
  • “No state shall pass any Law impairing the obligation of contracts.”
  • state governments cannot to interfere with (or usurp) private contract.
  • Can do so pursuant to police power - emergency.
  • Does not apply to Federal government.

For further written and video explanation, discussion and practice questions, see What is the "Contract Clause"?

1st Amendment

Fundamental freedoms:

  • Freedom of Religion
  • Freedom of Speech
  • Freedom of Press
  • Freedom of Assembly

For further written and video explanation, discussion and practice questions, see 1st Amendment of the US Constitution.

Establishment & Free Exercise Clause
  • 1st Amendment
  • Establishment Clause - “Congress shall make no law respecting an establishment of religion”
  • Free Exercise Clause - “prohibiting the free exercise thereof.”
  • Test for Determining whether law violates Free Exercise Clause:
    • Secular Purpose
    • Primary Effect
    • Excessive Entanglement

For further written and video explanation, discussion and practice questions, see What are the "Establishment Clause" and "Free Exercise Clause"

Freedom of Religion Affects Business
  • Conflicts with employment anti-discrimination laws.
  • Certain exceptions based on business necessity and closely-held businesses.

For further written and video explanation, discussion and practice questions, see How does freedom of religion affect business practice?

Freedom of Speech
  • Any form of expression.
  • Speech, writings, physical expressions, symbols or symbolic activity, etc.

For further written and video explanation, discussion and practice questions, see What is protection of "Freedom of Speech"?

Speech with Limited or No Constitutional Protection
  • Obscenity
  • Fighting Words
  • Commercial Speech
  • Defamation
  • Political Speech

For further written and video explanation, discussion and practice questions, see Speech with Limited or No Protection

Obscene Speech
  • Appeals to the prurient interest.
  • Based upon the beliefs, perceptions or standards of the local population.

For further written and video explanation, discussion and practice questions, see What is "Obscene Speech"?

Fighting Words
  • Likely to immediately incite violence by listeners.

For further written and video explanation, discussion and practice questions, see What are "Fighting Words"?

Unprotected Speech - Commercial Speech
  • Limited right to undertake commercial speech.
  • Protect against negative affect on the general welfare of society.
  • Must have a compelling state interest to justify the restriction.

For further written and video explanation, discussion and practice questions, see What is "Commercial Speech?

Unprotected Speech - Defamation
  • Publication (open communication) of false statements about others
  • Must knowingly subject that person’s character to ridicule or disrepute.
  • Slander - Verbal
  • Libel - Written
  • Disparagement - Business prowess or practice.
  • Not a prior restraint of speech.
  • Higher standard applicable to Press, celebrities, and public figures.

For further written and video explanation, discussion and practice questions, see What is "Defamation"?

Unprotected Speech – Political Speach
  • Historically regulated.
  • Largely free of regulation today.

For further written and video explanation, discussion and practice questions, see What is "Political Speech"?

Overbreadth and Overly Broad Laws
  • Laws must have compelling government interest
  • Cannot negatively impacts protected speech that was not intended.

For further written and video explanation, discussion and practice questions, see Overbreadth and Overly Broad Laws

Freedom of the Press
  • “Congress shall make no law … abridging the freedom of … the press.”
  • Prohibits any restraint prior to the publication of information.

For further written and video explanation, discussion and practice questions, see Freedom of the Press

Freedom of Assembly
  • “freedom of association”,
  • Rights to assemble in groups -common beliefs or interests.
  • “Time, place, and manner” restrictions.

For further written and video explanation, discussion and practice questions, see Freedom of Assembly

5th Amendment of the US Constitution
  • Self-incrimination by individuals.
  • Cannot be compelled to testify against oneself.
  • Limits double jeopardy for alleged criminal conduct.
  • Allows for Eminent Domain
  • Federal Due Process Clause - Substantive and Procedural

For further written and video explanation, discussion and practice questions, see What is the 5th Amendment

5th Amendment – Federal Due Process Clause
  • Fundamental fairness and decency in any governmental process
  • Government may not act in a manner that is arbitrary, capricious, or unreasonable
  • Applies to both individuals and corporations.

For further written and video explanation, discussion and practice questions, see 5th Amendment (Federal Due Process Clause)

14th Amendment to the US Constitution
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person within it s jurisdiction the equal protection of the laws.”

For further written and video explanation, discussion and practice questions, see 14th Amendment

14th Amendment – Incorporation Doctrine

Due Process Clause - Incorporation Doctrine

  • States must observe principles of due process in the execution of laws
  • Makes all of the provisions of the Bill of Rights applicable to state governments.

For further written and video explanation, discussion and practice questions, see 14th Amendment (Incorporation Doctrine)

14th Amendment – Equal Protection

Equal Protection Clause

  • Government should not treat people differently without a satisfactory reason.
  • Focused on historical discrimination.

For further written and video explanation, discussion and practice questions, see What is the Equal Protection Clause of the 14th Amendment

Standards for Constitutionality of Laws
  • Applicable standard depends on nature of rights infringed upon.
  • Minimum Rationality
  • Strict Scrutiny
  • Intermediate Scrutiny

For further written and video explanation, discussion and practice questions, see Standards for Constitutionality of Laws

Minimum Rationality
  • Minimum Rationality
    • Rational connection to a permissible state end (a legitimate goal of the Government).
    • not wholly arbitrary
    • laws that affect a non-fundamental right

For further written and video explanation, discussion and practice questions, see Minimum Rationality

Strict Scrutiny
  • Strict Scrutiny
    • Laws have a compelling state purpose to be constitutional.
    • must be “narrowly tailored” to achieve that purpose and must be the “least restrictive means” of achieving that purpose.
    • Involves a fundamental right under the Bill of Rights or under the Due Process Clause.
    • Applies to suspect discrimination against suspect classes.

For further written and video explanation, discussion and practice questions, see Strict Scrutiny

Intermediate Scrutiny (Quasi-Strict Scrutiny)
  • Intermediate Scrutiny
    • Must further an “important government interest”.
    • Substantially related to the objective.
    • Applies to sex-based classifications, undocumented or illegal immigrants; owning firearms; and content-neutral restrictions on free speech.

For further written and video explanation, discussion and practice questions, see Intermediate Scrutiny (Quasi-Strict Scrutiny)

Judicial Restraint vs Judicial Activism
  • judicial restraint
    • the judiciary’s power of review should not be used except in unusual cases.
    • litigation is not the appropriate technique for bringing about social, political, and economic change.
  • judicial activism
    • judicial interpretation of laws is the appropriate vehicle for developing legal standards
    • should be used whenever justified by the needs of society or public sentiment.
    • constitutional issues must be decided within the context of contemporary society.
    • collective beliefs, sentiments, and values of society at the time in which the law is being interpreted.

For further written and video explanation, discussion and practice questions, see What are "Judicial Restraint" vs "Judicial Activism"


Flash Card - Study Practice

Q1
The US Constitution has how many articles?

Q2
Which article of the US Constitution established the Executive Branch?

A2
Article II - Acronym LEJ (1. Legislative, 2. Executive, 3. Judicial)

Resource Video: https://thebusinessprofessor.com/what-is-included-in-the-us-constitution/

Q3
Which article of the US Constitution established the Legislative Branch?

A3
Article I - Acronym LEJ (1. Legislative, 2. Executive, 3. Judicial)

Resource Video: https://thebusinessprofessor.com/what-is-included-in-the-us-constitution/

Q4
Which article of the US Constitution established the Judicial Branch?

A4
Article III - Acronym LEJ (1. Legislative, 2. Executive, 3. Judicial)

Resource Video: https://thebusinessprofessor.com/what-is-included-in-the-us-constitution/

Q5
How many times has the Constitution been amended?

Q6
What is the name of the first group of amendments to the Constitution?

Q7
Who does the Constitution protect and what does it protect against?

A7
US Citizen’s Rights against infringement by the Government.

Resource Video: https://thebusinessprofessor.com/what-is-included-in-the-us-constitution/

Q8
An individual (who is not a government agent) cannot violate another citizen’s Constitutional rights? True or False

Q9
What are the three branches of Government?

A9
Legislative, Executive, Judicial. Acronym LEJ (1. Legislative, 2. Executive, 3. Judicial)

Resource Video: https://thebusinessprofessor.com/separation-of-powers/

Q10
What is the Role of the Legislative Branch?

Q11
What is the Role of the Executive Branch?

Q12
What is the Role of the Judicial Branch?

Q13
What is the theory that each branch of government constrains the power of each other branch?

Q14
The legislative branch consists of these two groups?

Q15
This groups represents constituents in the United States based upon population?

A15
House of Representatives

Resource Video: https://thebusinessprofessor.com/legislative-branch-law/

Q16
How does the Legislative Branch check the authority of the President (Executive Branch)?

A16
Ability to Impeach, Approve Appointments to Cabinet Posts or Judicial Posts

Resource Video: https://thebusinessprofessor.com/legislative-branch-law/

Q17
How does the Legislative Branch check the authority of the Supreme Court (Judicial Branch)?

A17
They can make new laws that supersede Common Law interpretation of existing laws.

Resource Video: https://thebusinessprofessor.com/legislative-branch-law/

Q18
How does the Executive Branch enforce laws?

A18
Through executive agencies or bureaus, such as the DoJ or IRS.

Resource Video: https://thebusinessprofessor.com/executive-branch-law/

Q19
How does the executive branch check the authority of the legislative branch?

A19
Authority to Veto proposed legislative, Selective Enforcement of Laws

Resource Video: https://thebusinessprofessor.com/executive-branch-law/

Q20
How does the executive branch check the authority of the judicial branch?

A20
Nominates Judges for Appointment, Selective Enforcement and Prosecution, Pardon Convictions

Resource Video: https://thebusinessprofessor.com/executive-branch-law/

Q21
How is the Judicial Branch check the authority of the Executive Branch?

A21
It reviews the execution of law for consistency with the law and constitution.

Resource Video: https://thebusinessprofessor.com/judicial-branch-law/

Q22
How does the judicial branch check the authority of the legislative branch?

A22
It reviews laws for Constitutionality; Interprets legislative intent when applying law to a case (forms the common law).

Resource Video: https://thebusinessprofessor.com/judicial-branch-law/

Q23
What articles of the Constitution ensures the existence of states?

Q24
What amendment to the Constitution allows for self governance?

Q25
What is a state’s power to legislate for the public safety, health, general welfare, and morals of its citizens?

Q26
What clause says that the Constitution and federal law are superior to state law?

Q27
What type of power allows the state and federal governments regulate the same type of conduct?

Q28
What is it called when Congress expressly reserves an entire area of law for federal regulation.

Q29
If Congress does not expressly reserve an area of law to federal regulation, the state may also regulate it? True or False

Q30
A state law can be more restrictive than the federal law? True or False

Q31
What clause of the Constitution requires each state to recognize and enforce the laws of other states?

A31
Full Faith and Credit Clause

Resource Video: https://thebusinessprofessor.com/full-faith-credit-clause/

Q32
Each state recognizes the laws of every other state?

Q33
What exception allows a state to not recognize the laws of another state?

A33
Public Policy Exception

Resource Video: https://thebusinessprofessor.com/full-faith-credit-clause/

Q34
What article of the constitution protects individuals gaining an advantage or being discriminated against by a state government simply because of the person’s state of residency.

A34
Privileges and Immunities Clause

Resource Videos: https://thebusinessprofessor.com/privileges-immunities-clause/

Q35
What exception, in limited circumstances, allows states to discriminate against members of other states in favor of its residents?

A35
Compelling State Interest

Resource Videos: https://thebusinessprofessor.com/privileges-immunities-clause/

Q36
Which Article of the US Constitution grants to the Federal Government the right to “regulate commerce … among the several states…”?

A36

Q37
The Federal Government may regulate any activity that affects ________?

A37
Interstate commerce

Resource Video: https://thebusinessprofessor.com/commerce-clause/

Q38
The Federal Government has the authority to regulate an activity that is carried out solely within a state’s borders and has no discernible effect on interstate commerce.

Q39
Constitutional clauses prohibiting state laws that “intend to regulate” or “substantially conflict with” interstate commerce.

A39
Dormant Commerce Clause

Resource Video: https://thebusinessprofessor.com/commerce-clause/

Q40
What Article of the US Constitution expressly grants to the Federal Government the “Power to lay and collect Taxes, Duties, Imports, and Excises.”

Q41
What Article of the US Constitution expressly grants to the Federal Government the authority to “Pay the debts and provide for the common Defense and general Welfare of the US.”

Q42
What Article of the US Constitution expressly forbids the states from “passing any Law impairing the obligation of contracts.”

A42
Article I, Section 10 Contract Clause

Resource Video: https://thebusinessprofessor.com/contract-clause-us-constitution/

Q43
What exceptions allow a state to legislative to interfere with private contract rights?

A43
State Police Power - regulate an industry or commercial activity.

Resource Video: https://thebusinessprofessor.com/contract-clause-us-constitution/

Q44
This Contract Clause limits the power of the Federal Government to interfere with private contract?

Q45
What protections does the 1st Amendment establish?

A45
Speech, Religion, Press, Assembly

Resource Video: https://thebusinessprofessor.com/1st-amendment-us-constitution/

Q46
This clause stands for the principle that the government should not force any particular religion(s) onto its citizens.

A46
Establishment Clause

Resource Video: https://thebusinessprofessor.com/freedom-religion/

Q47
This clause provides that the government cannot prohibit individuals from practicing any religion.

A47
Free Exercise Clause

Resource Video: https://thebusinessprofessor.com/freedom-religion/

Q48
What are the elements of the common law test for determining whether a government statute runs afoul of the Free Exercise Clause by unduly restricting the free exercise of religion?

A48
Secular Purpose; Primary Effect; Excessive Entanglement

Resource Video: https://thebusinessprofessor.com/freedom-religion/

Q49
What law prohibits for-profit businesses from discriminating against employees on the basis of religion.

A49
Title VII of the Civil Rights Act of 1964

Resource Video: https://thebusinessprofessor.com/businesses-and-religious-freedom/

Q50
Religious institutions may discriminate in certain situations based upon religion? True or False

Q51
What did the Supreme Court decide in the case, Burwell v. Hobby Lobby Stores, Inc.?

A51
Religious Freedom of Closely-held Businesses

Resource Video: https://thebusinessprofessor.com/businesses-and-religious-freedom/

Q52
Speech, writings, physical expressions, symbols or symbolic activity are all considered speech under the 1st Amendment? True or False

Q53
The government may place certain limitations on the location and timing of speech that takes place on government property or somehow affects the rights of others? True of False

Q54
Can individuals or businesses with no government affiliation infringe upon an individual’s freedom of speech?

Q55
The 1st Amendment protects all forms of speech? True or False

Q56
To restrict a citizen’s freedom of speech, the Government must have a ______________ justifying the restriction.

A56
Compelling government interest

Resource Video: https://thebusinessprofessor.com/freedom-speech/

Q57
The following types of speech receive no protection:

A57
Obscene Speech, Fighting Words,

Resource Video: https://thebusinessprofessor.com/freedom-speech/

Q58
The following types of speech receive limited protection:

A58
Commercial Speech, Defamation, and Political Speech.

Resource Video: https://thebusinessprofessor.com/freedom-speech/

Q59
What type of speech is not protected because it appeals to the “prurient interest”?

Q60
What type of speech is not protected because it has the tendency to immediately incite violence?

Q61
Courts determine whether an expression is obscene based upon the beliefs, perceptions, or standards of __________.

Q62
What type of speech is not protected because it has the tendency to immediately incite violence?

Q63
Can speech delivered remotely via a television system or recorded on YouTube be considered fighting words?

Q64
What type of business speech receives limited protection in order to protect consumers?

Q65
Corporations have limited rights to free speech that are very similar to those of individuals? True of False

Q66
The Constitution does not protect this type of speech based upon its its affect on the reputation of another?

Q67
Defamation statutes do not allow for ___________.

A67
“Prior Restraint of the Speech”?

Resource Video: https://thebusinessprofessor.com/defamation-and-the-1st-amendment/

Q68
What must a defamed individual demonstrate _________ as result of the defamation.

Q69
A public figure or celebrity must demonstrate this higher standard of intent to hold someone liable for defamatory statements.

Q70
The ability for Individuals and corporations to donate money to political candidates is a form of speech that receives limited protection?

Q71
The case, Citizens United v. Federal Election Commission held that corporations hold rights similar to those of individuals.

Q72
If, in the process of regulating unprotected speech, a law negatively impacts protected speech that was not intended, it is __________.

Q73
This 1st Amendment protection prohibits attempts by the government to curtail the freedom of expression through the public dissemination of information. This is known as,

A73
Freedom of Press

Resource Video: https://thebusinessprofessor.com/freedom-press/

Q74
The freedom of press generally prohibits ________ of speech before it has been published.

A74
Prior Restraint

Resource Video: https://thebusinessprofessor.com/freedom-press/

Q75
To lessen the potential for the suppression of the free and open press, a plaintiff must show ________ by the publisher toward the defamed person.

A75
Intentional defamation or “malice”

Resource Video: https://thebusinessprofessor.com/freedom-press/

Q76
What freedom protects and individual’s ability to join or be a member of a group or association?

Q77
What freedom protects an individuals right to physically demonstrate in a group in public?

Q78
What type of restrictions are governments allowed to place on the freedom of assembly?

A78
Time, Place, and Manner Restrictions

Resource Video: https://thebusinessprofessor.com/freedom-of-assembly-or-association/

Q79
This constitutional amendment protects against self-incrimination by individuals (not corporations)?

Q80
This constitutional amendment protects against an individual from being compelled to testify against herself?

Q81
This constitutional amendment prohibits subjecting an individual to double jeopardy for alleged criminal conduct?

Q82
This constitutional amendment prohibits the government from subjecting an individual to multiple prosecutions for the same activity.

Q83
This constitutional amendment requires the government to pay just compensation to individuals for property taken or appropriated for pubic use.

Q84
This constitutional amendment protects an individual right against deprivation of “life, liberty, and property without due process of law” from infringement by the Federal Government.

Q85
This clause of the 5th Amendment assures the protection of citizen’s substantive and procedural rights in the passage and execution of laws by the Federal Government?

A85
Federal Due Process Clause

Resource Video: https://thebusinessprofessor.com/what-is-the-5th-amendment/

Q86
The right to ___________ assures “fundamental fairness and decency” in any governmental act or process that may affect the “life, liberty, property or other constitutional rights” of its citizens.

Q87
_________ allows the court to safeguard the rights of individuals against infringement by the government?

Q88
_________ stands for the principle that the government may not act in a manner that is “arbitrary, capricious, or unreasonable” when subjecting an individual to the laws of the state.

Q89
Which clause of the 14th amendment to the Constitution states that, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US…”

A89
Privileges and Immunities Clause

Resource Video: https://thebusinessprofessor.com/14th-amendment-us-constitution/

Q90
Which clause of the 14th amendment to the Constitution states that, “Nor shall any state deprive any person of life, liberty, or property, without due process of law …”

Q91
Which clause of the 14th amendment to the Constitution states that, “No State shall … deny to any person within it s jurisdiction the equal protection of the laws.”?

A91

Q92
Which clause of the Constitution makes many of the fundamental protections under the 14th Amendment applicable to state governments.

A92
Due Process Clause - Incorporation Doctrine

Resource Video: https://thebusinessprofessor.com/incorporation-doctrine/

Q93
Which clause dictates that state governments cannot act to infringe upon the constitutionally protected rights of its citizens?

A93
Due Process Clause of the 14th Amendment

Resource Video: https://thebusinessprofessor.com/incorporation-doctrine/

Q94
The 5th Amendment’s Due Process Clause applies strictly to the _________Government.

Q95
Which clause of the US Constitution embodies the ethical idea that law should not treat people differently without a satisfactory reason.

A95
Equal Protection Clause of the 14th Amendment

Resource Video: https://thebusinessprofessor.com/what-is-the-equal-protection-clause-of-the-14th-amendment/

Q96
This clause of the Constitution prohibits a state from penalizing criminal conduct of a particular race more severely than the same conduct by another race.

A96
Equal Protection Clause of the 14th Amendment

Resource Video: https://thebusinessprofessor.com/what-is-the-equal-protection-clause-of-the-14th-amendment/

Q97
What standard of constitutional review requires that a law have a rational connection to a permissible state end (a legitimate goal of the government).

Q98
What standard of constitutional review applies to laws that affect a non-fundamental right or one that is not expressly protected under the Constitution?

Q99
What are the requirements for a law to pass constitutional review under a strict scrutiny standard?

A99

Q100
This Constitutional standard of review applies when a law or government action specifically affects a fundamental right or suspect class.

Q101
What standard of constitutional review requires that a law further an “important government interest”, and be “substantially related” to a Government objective.

Q102
What standard of constitutional review requires that a law when a law only partially affect a suspect class or the rights involved border upon fundamental rights.

Q103
This standard of constitutional review generally applies in determining the constitutionality of laws or government action based upon: (sex; laws affecting the status of undocumented or illegal immigrants; restrictions on rights to own firearms; and content-neutral restrictions on free speech”.



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