How PA Constitution Law Works

Question 1

A provision of the PA constitution may be inconsistent with its corresponding US provision as long as what is true of the PA provision?

Answer 1

The PA provision must grant “more rights” or an equal level of rights, not less. If this is true, there is no Supremacy Clause issue

Question 2

The federal Constitution sets a ____ below which states may not fall.

Answer 2

Floor

Question 3

When deciding a case pursuant to a provision of a state constitution, the state court has which two options?

Answer 3

Depart from federal standard and hold that the state constitution provides more rights than the federal; OR

Follow the federal standard, adopt it as state law

Question 4

If a question asks about a general constitutional issue, what should you do?

Answer 4

Analyze both Start with Fed, then move to Pa.

Question 5

Where do PA const. issues generally come up?

Answer 5

Crim Pro questions.

Question 6

If you see a crim pro question, think . . .

Answer 6

PA Const.