FREE ID BAR Constitutional Law Questions and Answers
Which of the following scenarios most likely represents a violation of the First Amendment’s guarantee of freedom of speech?
The First Amendment protects freedom of speech, including political speech. A law banning all forms of political campaign advertising on television is likely unconstitutional as it infringes upon political speech, which is highly protected under the First Amendment. The other options involve regulations that might be permissible if they meet certain criteria (such as content-neutral regulations or regulations that serve a significant government interest).
Which of the following is a valid exercise of Congress’s power under the Commerce Clause?
The Commerce Clause grants Congress the power to regulate interstate commerce, which includes regulating aspects of commercial activity that affect interstate commerce. Enforcing minimum wage laws for employees of private businesses falls under this power, as it affects businesses engaged in interstate commerce. Regulating local education policy, land use, and local business hours are generally within state jurisdiction and not within the direct purview of the Commerce Clause.
Under the Equal Protection Clause of the Fourteenth Amendment, which of the following classifications is subject to strict scrutiny?
Racial classifications are subject to strict scrutiny under the Equal Protection Clause. This means the government must demonstrate that the classification is necessary to achieve a compelling governmental interest and that no less restrictive means are available. Gender-based classifications are subject to intermediate scrutiny, while economic and age-based classifications are subject to rational basis review.
Which of the following is most likely to be considered an exception to the Fourth Amendment's warrant requirement?
The Fourth Amendment generally requires a warrant for searches and seizures, but there are several exceptions. One key exception is the search incident to a lawful arrest, which allows police to search the area within the arrestee’s immediate control without a warrant. Searching a private residence, vehicle, or hotel room typically requires a warrant unless other specific exceptions apply (such as consent or exigent circumstances).
Which of the following principles is most closely associated with the concept of “substantive due process”?
Substantive due process concerns the protection of certain fundamental rights from government interference. It requires that laws affecting fundamental rights (such as privacy, marriage, and family relationships) be justified by a compelling state interest and that the laws are narrowly tailored to achieve that interest. The other options relate to procedural due process and specific trial rights.