Lawyer Constitutional Law

Question 1

What is the standard of review applied by US courts to laws that classify people based on race?

Accepted Answer

Strict scrutiny

Answer

Racial classifications trigger strict scrutiny, requiring the government to show a compelling interest and that the law is narrowly tailored to achieve it.

Question 2

The First Amendment's Establishment Clause prohibits Congress from doing what?

Accepted Answer

Making any law respecting an establishment of religion

Answer

The Establishment Clause prohibits the government from making any law respecting an establishment of religion, preventing official government religion.

Question 3

Under the Due Process Clause of the 14th Amendment, what does 'procedural due process' require?

Accepted Answer

Notice and an opportunity to be heard before a deprivation of life, liberty, or property

Answer

Procedural due process requires that before the government deprives someone of a protected interest, they must receive fair notice and a meaningful hearing.

Question 4

The Commerce Clause grants Congress the power to regulate what?

Accepted Answer

Commerce among the states, with foreign nations, and with Indian tribes

Answer

Article I, Section 8 grants Congress power to regulate commerce with foreign nations, among the several states, and with Indian tribes.

Question 5

What does the 5th Amendment's Takings Clause require when the government takes private property?

Accepted Answer

Just compensation must be paid to the property owner

Answer

The Takings Clause provides that private property shall not be taken for public use without just compensation, typically measured as fair market value.

Lawyer Practice Test

Lawyer Practice Test

Lawyer Constitutional Law