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Constitutional Law Flashcards

6 cards from real IL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 Constitutional Law flashcards as text
  1. The Dormant Commerce Clause doctrine prevents states from enacting laws that:

    Answer: Unduly burden or discriminate against interstate commerce

    The Dormant Commerce Clause prohibits state laws that discriminate against or place undue burdens on interstate commerce, even absent federal legislation on the subject.

  2. Under the Illinois Constitution's Home Rule provision, a home rule municipality may:

    Answer: Exercise any power relating to its government and affairs unless the General Assembly specifically limits it

    Illinois home rule units have broad authority to exercise any power pertaining to their government and affairs, subject to limitations imposed by the General Assembly.

  3. The Contracts Clause of Article I, Section 10 prohibits states from passing laws that substantially impair existing contracts. This clause applies to:

    Answer: Existing contracts, subject to a balancing test

    The Contracts Clause applies to existing contractual obligations; courts apply a balancing test weighing the impairment's severity against the government's legitimate interest.

  4. Executive privilege may be overcome in a criminal proceeding when:

    Answer: There is a demonstrated specific need for the evidence outweighing the privilege

    Under United States v. Nixon, executive privilege yields to a demonstrated, specific need for evidence essential to a fair criminal trial.

  5. Which branch of government has the power to impeach federal judges under the U.S. Constitution?

    Answer: The House impeaches; the Senate tries

    The House of Representatives holds the sole power of impeachment, and the Senate holds the sole power to try all impeachments.

  6. A law school student receives a lower scholarship renewal because of comments made on a personal blog criticizing university policy. Assuming a public university, which constitutional protection is most relevant?

    Answer: First Amendment retaliation against protected speech

    Public universities may not retaliate against students for engaging in protected First Amendment expression, including criticism of university policy.

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Constitutional Law Flashcards — IL BAR Study Cards with Answers