MO Bar Constitutional Law 2

Question 1

Which clause of the Constitution grants Congress the power to regulate interstate commerce?

Accepted Answer

Commerce Clause

Answer

The Commerce Clause in Article I, Section 8 grants Congress power to regulate commerce among the several states.

Question 2

Under the Free Exercise Clause, a neutral law of general applicability that incidentally burdens religion is subject to which review?

Accepted Answer

Rational basis

Answer

Under Employment Division v. Smith, neutral, generally applicable laws that incidentally burden religion need only satisfy rational basis review.

Question 3

Which constitutional doctrine holds that the federal government's enumerated powers are supreme over conflicting state laws?

Accepted Answer

Preemption

Answer

The Supremacy Clause establishes federal preemption, meaning valid federal law overrides conflicting state law.

Question 4

The Second Amendment right to keep and bear arms was held to apply to the states through which constitutional provision?

Accepted Answer

Fourteenth Amendment Due Process Clause

Answer

In McDonald v. City of Chicago, the Supreme Court incorporated the Second Amendment against the states via the Fourteenth Amendment's Due Process Clause.

Question 5

What is the constitutional minimum for standing to sue in federal court?

Accepted Answer

Injury in fact, causation, and redressability

Answer

Article III standing requires the plaintiff to show a concrete injury in fact, causation by the defendant, and redressability by a favorable ruling.

MO Bar - Missouri Bar Exam Practice Test

MO Bar - Missouri Bar Exam Practice Test

MO Bar Constitutional Law 2