Constitutional Law Flashcards
6 cards from real AL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Constitutional Law flashcards as text
Under the First Amendment, which type of speech receives the LEAST constitutional protection?
Answer: Obscene speech
Obscene speech falls outside First Amendment protection as established in Miller v. California.
The dormant Commerce Clause prevents states from enacting laws that:
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.
Which standard of review applies to laws that classify individuals based on race?
Answer: Strict scrutiny
Racial classifications trigger strict scrutiny, requiring the law to be necessary to achieve a compelling government interest.
The Establishment Clause primarily prohibits the government from:
Answer: Officially endorsing or sponsoring religion
The Establishment Clause forbids government action that constitutes an official endorsement or sponsorship of religion.
Under the Contracts Clause, states are prohibited from:
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.
Which doctrine allows courts to invalidate state laws that regulate in areas where Congress has shown intent to occupy the entire field?
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.