Constitutional Law Flashcards
7 cards from real NH BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Constitutional Law flashcards as text
Under the Commerce Clause, Congress may regulate which of the following?
Answer: Any activity that substantially affects interstate commerce
Under the Commerce Clause as interpreted in cases like Lopez and Morrison, Congress may regulate activities that substantially affect interstate commerce, even if the activity is local.
Which standard of review applies to a law that discriminates based on race under the Equal Protection Clause?
Answer: Strict scrutiny — the government must show a compelling interest and narrowly tailored means
Racial classifications trigger strict scrutiny under the Equal Protection Clause, requiring the government to prove a compelling interest achieved through narrowly tailored means.
A city ordinance prohibits all leafletting in a public park. Under the First Amendment, this ordinance is most likely:
Answer: Unconstitutional because it is not a reasonable time, place, and manner restriction
A total ban on leafletting in a traditional public forum fails the time, place, and manner test because it does not leave open adequate alternative channels of communication.
The Supremacy Clause provides that when federal law and state law conflict, which law prevails?
Answer: Federal law prevails under the doctrine of preemption
Article VI's Supremacy Clause makes federal law the 'supreme Law of the Land,' preempting conflicting state law whether expressly or by implication.
Under the Fourth Amendment, which of the following searches is generally permissible without a warrant?
Answer: A search incident to a lawful arrest
A search incident to a lawful arrest is a recognized exception to the warrant requirement, allowing police to search the arrestee's person and area within immediate control.
Substantive due process protects which type of rights from government interference?
Answer: Fundamental rights deeply rooted in the nation's history and traditions
Substantive due process protects fundamental rights that are deeply rooted in history and tradition, requiring strict scrutiny when the government interferes with them.
The doctrine of separation of powers prevents which of the following?
Answer: Congress from vesting executive power directly in itself
Separation of powers prohibits Congress from aggrandizing its own power by directly exercising executive functions, as executive power is vested in the President.