NC Bar Constitutional Law 1 — Questions and Answers
Question 1: Under the First Amendment, which type of speech receives the least constitutional protection?
- Political speech
- Commercial speech
- Obscene speech (Correct answer)
- Religious speech
Correct answer: Obscene speech
Obscene speech falls outside First Amendment protection entirely under the Miller v. California three-part test.
Question 2: The 'dormant Commerce Clause' doctrine prohibits states from enacting laws that:
- Regulate interstate commerce with congressional approval
- Discriminate against or unduly burden interstate commerce (Correct answer)
- Tax goods imported from foreign nations
- Regulate purely intrastate commercial activity
Correct answer: Discriminate against or unduly burden interstate commerce
The dormant Commerce Clause prevents states from passing laws that discriminate against out-of-state commerce or impose undue burdens on interstate trade.
Question 3: Which level of scrutiny applies to government classifications based on race under the Equal Protection Clause?
- Rational basis review
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Heightened rational basis
Correct answer: Strict scrutiny
Racial classifications are suspect classifications subject to strict scrutiny, requiring a compelling government interest and narrowly tailored means.
Question 4: The Supremacy Clause of the U.S. Constitution establishes that:
- Congress has supreme authority over the President
- The Supreme Court has final word on all legal disputes
- Federal law is the supreme law of the land, preempting conflicting state law (Correct answer)
- States retain sovereign immunity from all federal suits
Correct answer: Federal law is the supreme law of the land, preempting conflicting state law
Article VI's Supremacy Clause makes the Constitution and valid federal laws supreme over conflicting state laws.
Question 5: A state law that incidentally burdens interstate commerce but does not discriminate against it is evaluated under:
- Strict scrutiny balancing test
- The Pike balancing test (Correct answer)
- Per se invalidity rule
- Rational basis review
Correct answer: The Pike balancing test
Under Pike v. Bruce Church, a non-discriminatory state law is upheld unless its burden on interstate commerce is clearly excessive relative to its local benefits.
Question 6: Which doctrine prevents federal courts from hearing cases where the plaintiff lacks a concrete, particularized injury?
- Mootness
- Ripeness
- Standing (Correct answer)
- Political question doctrine
Correct answer: Standing
Article III standing requires an actual or imminent injury-in-fact that is traceable to the defendant and redressable by a favorable decision.
NC Bar Constitutional Law 1
Under the First Amendment, which type of speech receives the least constitutional protection?