Constitution Modern Relevance Flashcards

Which constitutional clause has been used to challenge state laws that discriminate against out-of-state businesses in favor of local ones?

Answer: The Privileges and Immunities Clause and the dormant Commerce Clause

The dormant Commerce Clause and the Privileges and Immunities Clause together limit states' ability to enact laws that discriminate against interstate commerce or out-of-state citizens.

A federal agency issues a rule interpreting an ambiguous statute. Under which doctrine (recently curtailed) did courts traditionally defer to the agency's reasonable interpretation?

Answer: Chevron deference

Chevron deference, established in Chevron U.S.A. v. NRDC (1984) and overruled in Loper Bright (2024), required courts to defer to agencies' reasonable interpretations of ambiguous statutes they administer.

Which constitutional mechanism allows three-fourths of states to ratify an amendment without Congress's approval if two-thirds of states call for a convention?

Answer: An Article V constitutional convention proposed by the states

Article V allows two-thirds of state legislatures to call a constitutional convention to propose amendments, which then require ratification by three-fourths of states.

The 'major questions doctrine' adopted by the Supreme Court requires that when an agency claims authority over matters of vast economic or political significance, it must show:

Answer: Clear congressional authorization for that specific authority

The major questions doctrine, emphasized in West Virginia v. EPA (2022), holds that agencies must point to clear congressional authorization when claiming sweeping authority over major national questions.

Which constitutional amendment abolished poll taxes in federal elections, expanding voting access?

Answer: Twenty-Fourth Amendment

The Twenty-Fourth Amendment (1964) prohibited poll taxes in federal elections, removing a barrier that had been used to disenfranchise Black voters and the poor.

A school district's policy allows student-led, student-initiated prayer at football games over the public address system. After Kennedy v. Bremerton (2022), such a policy would most likely be viewed as:

Answer: Constitutionally permissible private religious expression that the school cannot suppress

Kennedy v. Bremerton (2022) moved away from earlier Establishment Clause tests and held that truly private religious expression by individuals, including school employees, is protected speech the government cannot silence.

Which constitutional provision empowers Congress to enforce the Fourteenth Amendment's guarantees through legislation like the Voting Rights Act?

Answer: Section 5 of the Fourteenth Amendment

Section 5 of the Fourteenth Amendment grants Congress the power to enforce the amendment's provisions through 'appropriate legislation,' the basis for landmark civil rights laws.