Voting, travel and the right to bear arms Bar Exam Flashcards - Medical Study Cards
Master Voting, travel and the right to bear arms with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Voting, travel and the right to bear arms Flashcard Deck - 9 Cards
Flashcard 1: What level of scrutiny generally applies when a law burdens a fundamental right?
Answer: Strict scrutiny applies: the law must further a compelling governmental interest and be narrowly tailored to achieve that interest using the least restrictive means. This is the majority rule for fundamental-rights analysis.
Flashcard 2: What kinds of laws violate the Ex Post Facto Clause?
Answer: A criminal law violates the clause if applied retroactively to criminalize previously lawful conduct, increase the punishment for an offense, or alter the rules of evidence or procedure so conviction becomes substantially easier. The clause applies to criminal, not merely civil, laws.
Flashcard 3: What is the governing constitutional framework for an individual’s right to possess a firearm?
Answer: Under the Second Amendment, as interpreted by the Supreme Court, the text and historical tradition determine whether a firearm regulation is consistent with the right to keep and bear arms; courts do not begin with ordinary tiers of scrutiny when the right is covered. The right is not unlimited, and longstanding restrictions such as bans on possession by certain dangerous persons or in sensitive places may be permissible.
Flashcard 4: What compensation is required when the government takes private property?
Answer: The Fifth Amendment requires just compensation, ordinarily measured by the property’s fair market value at the time of the taking. Compensation is generally paid to the property owner, not merely to a person who suffers incidental economic loss.
Flashcard 5: What constitutional protections apply to a state law imposing a durational residency requirement for public benefits?
Answer: A law that penalizes interstate travel by denying newly arrived residents benefits available to longer-term residents is generally subject to strict scrutiny and is usually unconstitutional. States may impose bona fide residency requirements for purposes such as voting or obtaining jurisdiction over a person, but not arbitrary waiting periods that deter migration.
Flashcard 6: What is the public-use requirement for a government taking under the Fifth Amendment?
Answer: A taking is constitutional only if it is for a public use, a term broadly interpreted to include a public purpose such as economic development. Courts generally defer to the government’s stated public purpose unless the taking is merely a pretext for conferring a private benefit.
Flashcard 7: When is compensation required for a physical taking of property?
Answer: A permanent physical occupation or permanent physical possession authorized by the government is a taking requiring just compensation, regardless of how small the affected property interest is. Temporary physical occupations may also require compensation based on their duration and economic impact.
Flashcard 8: What is the constitutional rule for laws that retroactively increase punishment for completed criminal conduct?
Answer: The Ex Post Facto Clause prohibits retroactive criminal laws that punish conduct that was innocent when done, make an offense more serious, increase the punishment, or eliminate a defense. The Clause applies to criminal or punitive measures, not ordinary civil or regulatory laws that are nonpunitive in purpose and effect.
Flashcard 9: Which rights are generally recognized as fundamental under substantive due process?
Answer: The recognized fundamental rights include privacy-related decisions involving marriage, procreation, contraception, family relationships, and childrearing; the right to interstate travel is also fundamental. The Supreme Court generally requires a narrowly tailored law serving a compelling government interest when it directly burdens such a right.
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