Constitutional Law Flashcards for Law Students

Strict scrutiny: government must show a compelling interest and the law must be narrowly tailored. Used for race, religion, fundamental rights.

Intermediate scrutiny: substantially related to an important government interest. Used for gender, illegitimacy.

Rational basis: rationally related to a legitimate government interest. Default for economic/social legislation.

Commerce Clause (post-Lopez): Congress can regulate (1) channels, (2) instrumentalities, (3) activities with substantial effect on interstate commerce.

Standing requires: injury in fact, causation, redressability.

Substantive due process protects fundamental rights: privacy, marriage, contraception, family autonomy.