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
Under the Fourteenth Amendment's Equal Protection Clause, which standard of review applies to laws classifying people by race?
Answer: Strict scrutiny
Racial classifications are subject to strict scrutiny, requiring the government to show a compelling interest and narrowly tailored means.
Which constitutional provision prohibits states from passing laws that impair the obligation of contracts?
Answer: The Contracts Clause
The Contracts Clause in Article I, Section 10 prohibits states from enacting laws that substantially impair existing contractual obligations.
Under the First Amendment, which type of speech receives the least constitutional protection?
Answer: Obscene speech
Obscene speech falls outside First Amendment protection entirely under the Miller v. California three-part test.
The Fifth Amendment's Takings Clause requires just compensation when government takes private property. Which type of taking occurs when a regulation denies all economically beneficial use?
Answer: Regulatory taking
Under Lucas v. South Carolina Coastal Council, a regulation that denies all economic value constitutes a per se regulatory taking requiring compensation.
Under the Due Process Clause, which standard applies when the government infringes a fundamental right?
Answer: Strict scrutiny
Infringement of fundamental rights triggers strict scrutiny, requiring a compelling governmental interest and narrow tailoring.
The Eleventh Amendment generally bars federal court suits against states by whom?
Answer: All of the above
The Eleventh Amendment bars federal suits against states by citizens of another state, foreign nations, and has been interpreted to bar suits by a state's own citizens as well.