MO Bar Constitutional Law 1 — Questions and Answers
Question 1: Under the Fourteenth Amendment's Equal Protection Clause, which standard of review applies to laws classifying people by race?
- Rational basis
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Heightened scrutiny
Correct answer: Strict scrutiny
Racial classifications are subject to strict scrutiny, requiring the government to show a compelling interest and narrowly tailored means.
Question 2: Which constitutional provision prohibits states from passing laws that impair the obligation of contracts?
- The Supremacy Clause
- The Contracts Clause (Correct answer)
- The Commerce Clause
- The Privileges and Immunities Clause
Correct answer: The Contracts Clause
The Contracts Clause in Article I, Section 10 prohibits states from enacting laws that substantially impair existing contractual obligations.
Question 3: 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 entirely under the Miller v. California three-part test.
Question 4: The Fifth Amendment's Takings Clause requires just compensation when government takes private property. Which type of taking occurs when a regulation denies all economically beneficial use?
- Physical taking
- Partial taking
- Regulatory taking (Correct answer)
- Eminent domain
Correct answer: Regulatory taking
Under Lucas v. South Carolina Coastal Council, a regulation that denies all economic value constitutes a per se regulatory taking requiring compensation.
Question 5: Under the Due Process Clause, which standard applies when the government infringes a fundamental right?
- Rational basis
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Reasonable person
Correct answer: Strict scrutiny
Infringement of fundamental rights triggers strict scrutiny, requiring a compelling governmental interest and narrow tailoring.
Question 6: The Eleventh Amendment generally bars federal court suits against states by whom?
- The federal government
- Citizens of another state
- Foreign nations
- All of the above (Correct answer)
Correct answer: All of the above
The Eleventh Amendment bars federal suits against states by citizens of another state, foreign nations, and has been interpreted to bar suits by a state's own citizens as well.
MO Bar Constitutional Law 1
Under the Fourteenth Amendment's Equal Protection Clause, which standard of review applies to laws classifying people by race?