AL Bar Constitutional Law 3

Question 1

The political question doctrine bars courts from deciding matters that are:

Accepted Answer

Committed to another branch by the Constitution or lack judicially manageable standards

Answer

The political question doctrine applies when the Constitution commits resolution of an issue to another branch or when there are no judicially manageable standards.

Question 2

Prior restraints on speech are presumptively unconstitutional because they:

Accepted Answer

Suppress speech before it occurs, chilling protected expression

Answer

Prior restraints are disfavored because they suppress speech before publication, carrying a heavier censorship burden than subsequent punishment.

Question 3

Under the nondelegation doctrine, Congress may delegate legislative power to administrative agencies only if it provides:

Accepted Answer

An intelligible principle to guide agency discretion

Answer

The nondelegation doctrine requires Congress to provide an intelligible principle that guides and limits the agency's exercise of delegated authority.

Question 4

The Privileges or Immunities Clause of the Fourteenth Amendment protects:

Accepted Answer

Rights of national citizenship only, per the Slaughterhouse Cases

Answer

After the Slaughterhouse Cases, the Privileges or Immunities Clause was narrowly interpreted to protect only rights of national citizenship.

Question 5

Content-neutral restrictions on speech are evaluated under which standard?

Accepted Answer

Intermediate scrutiny / time-place-manner test

Answer

Content-neutral restrictions must be narrowly tailored to serve a significant government interest and leave open alternative channels of communication.

AL Bar - Alabama Bar Exam Practice Test

AL Bar - Alabama Bar Exam Practice Test

AL Bar Constitutional Law 3