NC Bar Constitutional Law 1

Question 1

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

Accepted Answer

Obscene speech

Answer

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:

Accepted Answer

Discriminate against or unduly burden interstate commerce

Answer

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?

Accepted Answer

Strict scrutiny

Answer

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:

Accepted Answer

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

Answer

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:

Accepted Answer

The Pike balancing test

Answer

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.

NC Bar - North Carolina Bar Exam Practice Test

NC Bar - North Carolina Bar Exam Practice Test

NC Bar Constitutional Law 1