AL Bar Constitutional Law 2

Question 1

The Fourteenth Amendment's Equal Protection Clause applies directly to:

Accepted Answer

State government action only

Answer

Federal government action only

Answer

Both federal and state action

Answer

Private actors receiving federal funds

Question 2

Under substantive due process, a fundamental right can only be infringed upon if the government demonstrates:

Accepted Answer

A compelling interest and the law is narrowly tailored

Answer

A rational basis for the law

Answer

A substantial government interest

Answer

Any legitimate purpose

Question 3

The Tenth Amendment reserves powers not delegated to the federal government to:

Accepted Answer

The states or the people

Answer

The President

Answer

Congress

Answer

The federal judiciary

Question 4

Congressional power to regulate interstate commerce under Article I, Section 8 extends to activities that:

Accepted Answer

Substantially affect interstate commerce

Answer

Occur only across state borders

Answer

Involve government entities only

Answer

Are explicitly listed in the Commerce Clause

Question 5

The Eleventh Amendment generally bars federal courts from hearing suits against a state brought by:

Accepted Answer

Citizens of a different state

Answer

The federal government

Answer

Another state

Answer

State officials for injunctive relief

Question 6

Under the Takings Clause, when the government physically invades or occupies private property, this constitutes:

Accepted Answer

A per se taking requiring just compensation

Answer

A regulatory taking requiring balancing

Answer

No taking if the public benefits

Answer

A taking only if all economic value is destroyed