CO Bar CO Bar Constitutional Law 1 — Questions and Answers
Question 1: Under the First Amendment, which standard applies to government regulations of speech based on its content?
- Rational basis
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Undue burden
Correct answer: Strict scrutiny
Content-based speech restrictions are subject to strict scrutiny, requiring the government to show a compelling interest and narrowly tailored means.
Question 2: Which clause of the Fourteenth Amendment prevents states from depriving persons of life, liberty, or property without due process of law?
- Equal Protection Clause
- Privileges or Immunities Clause
- Due Process Clause (Correct answer)
- Establishment Clause
Correct answer: Due Process Clause
The Due Process Clause of the Fourteenth Amendment prohibits states from depriving any person of life, liberty, or property without due process of law.
Question 3: Under the Commerce Clause, Congress may regulate which of the following?
- Purely local non-economic activity with no substantial effect on interstate commerce
- Channels of interstate commerce (Correct answer)
- State government sovereign functions exclusively
- Intrastate criminal activity only if authorized by state law
Correct answer: Channels of interstate commerce
Congress may regulate the channels of interstate commerce, the instrumentalities of interstate commerce, and activities with a substantial effect on interstate commerce.
Question 4: A Colorado law that facially discriminates against interstate commerce will be struck down under the Dormant Commerce Clause unless the state shows:
- A legitimate state interest
- A compelling government interest with no less discriminatory alternative (Correct answer)
- A rational basis for the distinction
- The law benefits local consumers
Correct answer: A compelling government interest with no less discriminatory alternative
Facially discriminatory laws are virtually per se invalid under the Dormant Commerce Clause unless the state demonstrates a compelling interest and no less discriminatory alternative exists.
Question 5: Under the Equal Protection Clause, which classification triggers heightened (intermediate) scrutiny?
- Age
- Wealth
- Sex/gender (Correct answer)
- Residency
Correct answer: Sex/gender
Sex/gender classifications are subject to intermediate scrutiny, requiring the government to demonstrate an important interest substantially related to the classification.
Question 6: The Takings Clause of the Fifth Amendment, applicable to Colorado via the Fourteenth Amendment, requires just compensation when government:
- Regulates property in any way
- Takes private property for public use (Correct answer)
- Taxes property at any rate
- Zones land for commercial use
Correct answer: Takes private property for public use
The Takings Clause requires just compensation only when the government takes private property for public use, whether by physical appropriation or regulatory taking.
CO Bar CO Bar Constitutional Law 1
Under the First Amendment, which standard applies to government regulations of speech based on its content?