FREE DE Bar Constitutional Law Questions and Answers

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What is the concept of federalism in the context of the U.S. Constitution?

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Federalism is the concept established by the U.S. Constitution that divides power between the federal government and the state governments. This division of power helps to ensure that both levels of government have authority over different aspects of governance, while also providing a system of checks and balances.

What is the principle of judicial review?

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Judicial review is the principle that allows courts to examine the constitutionality of legislative and executive actions and to invalidate those that are found to be in violation of the Constitution. This principle ensures that laws and government actions adhere to constitutional standards.

Under the U.S. Constitution, what is the primary purpose of the separation of powers doctrine?

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The separation of powers doctrine is designed to prevent any single branch of government from becoming too powerful by dividing the functions of government into three separate branches: legislative, executive, and judicial. This system creates checks and balances to maintain a balance of power.

What does the Equal Protection Clause of the Fourteenth Amendment guarantee?

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The Equal Protection Clause of the Fourteenth Amendment guarantees that no state shall deny any person within its jurisdiction equal protection under the laws. This clause is a foundation for addressing issues of discrimination and ensuring that all individuals receive equal treatment.

Which of the following is protected by the First Amendment of the U.S. Constitution?

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The First Amendment protects several fundamental rights, including freedom of speech, religion, and the press. These rights are crucial for ensuring a democratic society and protecting individual liberties.