AL Bar Constitutional Law 1 — Questions and Answers
Question 1: Under the First Amendment, which type of speech receives the LEAST constitutional protection?
- Political speech
- Commercial speech
- Obscene speech (Correct answer)
- Religious speech
Correct answer: Obscene speech
Obscene speech falls outside First Amendment protection as established in Miller v. California.
Question 2: The dormant Commerce Clause prevents states from enacting laws that:
- Regulate interstate commerce only with congressional approval
- Discriminate against or unduly burden interstate commerce (Correct answer)
- Impose any tax on out-of-state businesses
- Regulate purely intrastate commercial activity
Correct answer: Discriminate against or unduly burden interstate commerce
The dormant Commerce Clause bars state laws that discriminate against or unduly burden interstate commerce even absent federal legislation.
Question 3: Which standard of review applies to laws that classify individuals based on race?
- Rational basis
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Heightened scrutiny
Correct answer: Strict scrutiny
Racial classifications trigger strict scrutiny, requiring the law to be necessary to achieve a compelling government interest.
Question 4: The Establishment Clause primarily prohibits the government from:
- Burdening religious practice
- Officially endorsing or sponsoring religion (Correct answer)
- Funding religiously affiliated universities
- Requiring ministers to have state licenses
Correct answer: Officially endorsing or sponsoring religion
The Establishment Clause forbids government action that constitutes an official endorsement or sponsorship of religion.
Question 5: Under the Contracts Clause, states are prohibited from:
- Entering into contracts with private parties
- Impairing the obligation of existing contracts substantially without adequate justification (Correct answer)
- Regulating future contract formation
- Enacting statutes of limitations on contract claims
Correct answer: Impairing the obligation of existing contracts substantially without adequate justification
The Contracts Clause prevents states from substantially impairing existing contractual obligations without a significant and legitimate public purpose.
Question 6: Which doctrine allows courts to invalidate state laws that regulate in areas where Congress has shown intent to occupy the entire field?
- Conflict preemption
- Field preemption (Correct answer)
- Express preemption
- Obstacle preemption
Correct answer: Field preemption
Field preemption applies when Congress's regulatory scheme is so pervasive that it signals intent to occupy the entire field, leaving no room for state regulation.
AL Bar Constitutional Law 1
Under the First Amendment, which type of speech receives the LEAST constitutional protection?