AL Bar Constitutional Law 2

Question 1

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

Accepted Answer

State government action only

Answer

The Fourteenth Amendment's Equal Protection Clause is textually directed at states, applying to state government action.

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

Infringement of fundamental rights requires the government to show a compelling interest and that the law is narrowly tailored to achieve it.

Question 3

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

Accepted Answer

The states or the people

Answer

The Tenth Amendment explicitly states that powers not delegated to the United States are reserved to the states respectively or to the people.

Question 4

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

Accepted Answer

Substantially affect interstate commerce

Answer

Under Gonzales v. Raich, Congress may regulate local activities that, in the aggregate, substantially affect interstate commerce.

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 Eleventh Amendment bars federal court suits against a state by citizens of another state unless the state waives immunity or Congress abrogates it.

AL Bar - Alabama Bar Exam Practice Test

AL Bar - Alabama Bar Exam Practice Test

AL Bar Constitutional Law 2