NC Bar Constitutional Law

Question 1

Under the First Amendment, which type of speech receives the least constitutional protection?

Accepted Answer

Obscene speech

Answer

Political speech

Answer

Commercial speech

Answer

Religious speech

Question 2

The 'dormant Commerce Clause' doctrine prohibits states from enacting laws that:

Accepted Answer

Discriminate against or unduly burden interstate commerce

Answer

Regulate interstate commerce with congressional approval

Answer

Tax goods imported from foreign nations

Answer

Regulate purely intrastate commercial activity

Question 3

Which level of scrutiny applies to government classifications based on race under the Equal Protection Clause?

Accepted Answer

Strict scrutiny

Answer

Rational basis review

Answer

Intermediate scrutiny

Answer

Heightened rational basis

Question 4

The Supremacy Clause of the U.S. Constitution establishes that:

Accepted Answer

Federal law is the supreme law of the land, preempting conflicting state law

Answer

Congress has supreme authority over the President

Answer

The Supreme Court has final word on all legal disputes

Answer

States retain sovereign immunity from all federal suits

Question 5

A state law that incidentally burdens interstate commerce but does not discriminate against it is evaluated under:

Accepted Answer

The Pike balancing test

Answer

Strict scrutiny balancing test

Answer

Per se invalidity rule

Answer

Rational basis review

Question 6

Which doctrine prevents federal courts from hearing cases where the plaintiff lacks a concrete, particularized injury?

Accepted Answer

Standing

Answer

Mootness

Answer

Ripeness

Answer

Political question doctrine