Constitutional Law Flashcards
6 cards from real MO 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
Which clause of the Constitution grants Congress the power to regulate interstate commerce?
Answer: Commerce Clause
The Commerce Clause in Article I, Section 8 grants Congress power to regulate commerce among the several states.
Under the Free Exercise Clause, a neutral law of general applicability that incidentally burdens religion is subject to which review?
Answer: Rational basis
Under Employment Division v. Smith, neutral, generally applicable laws that incidentally burden religion need only satisfy rational basis review.
Which constitutional doctrine holds that the federal government's enumerated powers are supreme over conflicting state laws?
Answer: Preemption
The Supremacy Clause establishes federal preemption, meaning valid federal law overrides conflicting state law.
The Second Amendment right to keep and bear arms was held to apply to the states through which constitutional provision?
Answer: Fourteenth Amendment Due Process Clause
In McDonald v. City of Chicago, the Supreme Court incorporated the Second Amendment against the states via the Fourteenth Amendment's Due Process Clause.
What is the constitutional minimum for standing to sue in federal court?
Answer: Injury in fact, causation, and redressability
Article III standing requires the plaintiff to show a concrete injury in fact, causation by the defendant, and redressability by a favorable ruling.
Under the Establishment Clause, which test historically asked whether a law had a secular purpose, neither advanced nor inhibited religion, and avoided excessive entanglement?
Answer: The Lemon test
The Lemon test from Lemon v. Kurtzman (1971) set a three-part framework for evaluating Establishment Clause challenges, though recent decisions have moved away from it.