AL Bar Constitutional Law

Question 1

Under the First Amendment, which type of speech receives the LEAST constitutional protection?

Accepted Answer

Obscene speech

Answer

Political speech

Answer

Commercial speech

Answer

Religious speech

Question 2

The dormant Commerce Clause prevents states from enacting laws that:

Accepted Answer

Discriminate against or unduly burden interstate commerce

Answer

Regulate interstate commerce only with congressional approval

Answer

Impose any tax on out-of-state businesses

Answer

Regulate purely intrastate commercial activity

Question 3

Which standard of review applies to laws that classify individuals based on race?

Accepted Answer

Strict scrutiny

Answer

Rational basis

Answer

Intermediate scrutiny

Answer

Heightened scrutiny

Question 4

The Establishment Clause primarily prohibits the government from:

Accepted Answer

Officially endorsing or sponsoring religion

Answer

Burdening religious practice

Answer

Funding religiously affiliated universities

Answer

Requiring ministers to have state licenses

Question 5

Under the Contracts Clause, states are prohibited from:

Accepted Answer

Impairing the obligation of existing contracts substantially without adequate justification

Answer

Entering into contracts with private parties

Answer

Regulating future contract formation

Answer

Enacting statutes of limitations on contract claims

Question 6

Which doctrine allows courts to invalidate state laws that regulate in areas where Congress has shown intent to occupy the entire field?

Accepted Answer

Field preemption

Answer

Conflict preemption

Answer

Express preemption

Answer

Obstacle preemption