JD Constitutional Law 1 — Questions and Answers
Question 1: Under the First Amendment, which standard of review applies to content-based restrictions on speech?
- Rational basis
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Heightened scrutiny
Correct answer: Strict scrutiny
Content-based restrictions on speech are presumptively unconstitutional and subject to strict scrutiny, requiring a compelling government interest and narrow tailoring.
Question 2: Which constitutional provision prohibits states from abridging the privileges or immunities of U.S. citizens?
- Fifth Amendment
- Fourteenth Amendment (Correct answer)
- Thirteenth Amendment
- Tenth Amendment
Correct answer: Fourteenth Amendment
The Fourteenth Amendment's Privileges or Immunities Clause prohibits states from abridging the privileges or immunities of United States citizens.
Question 3: The 'dormant Commerce Clause' doctrine prohibits states from doing what?
- Taxing interstate commerce at all
- Discriminating against or unduly burdening interstate commerce (Correct answer)
- Regulating purely local activities
- Enforcing federal trade regulations
Correct answer: Discriminating against or unduly burdening interstate commerce
The dormant Commerce Clause, implied from Congress's commerce power, prevents states from enacting laws that discriminate against or place undue burdens on interstate commerce.
Question 4: In Marbury v. Madison (1803), the Supreme Court established which foundational principle?
- Federal supremacy over state law
- Judicial review of congressional acts (Correct answer)
- The executive privilege doctrine
- Separation of church and state
Correct answer: Judicial review of congressional acts
Marbury v. Madison established judicial review, giving the Supreme Court authority to declare acts of Congress unconstitutional.
Question 5: Under the Establishment Clause, which test did the Supreme Court use in Lemon v. Kurtzman (1971)?
- Compelling interest test
- Endorsement test
- Lemon test (Correct answer)
- Coercion test
Correct answer: Lemon test
The Lemon test requires that a law have a secular purpose, neither advance nor inhibit religion, and avoid excessive government entanglement with religion.
Question 6: Which clause of the Constitution requires states to give full faith and credit to the public acts, records, and judicial proceedings of other states?
- Supremacy Clause
- Privileges and Immunities Clause
- Full Faith and Credit Clause (Correct answer)
- Necessary and Proper Clause
Correct answer: Full Faith and Credit Clause
Article IV's Full Faith and Credit Clause obligates each state to honor the laws, records, and court judgments of sister states.
JD Constitutional Law 1
Under the First Amendment, which standard of review applies to content-based restrictions on speech?