OK Bar OK 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
- Obscenity (Correct answer)
- Religious speech
Correct answer: Obscenity
Obscenity is categorically excluded from First Amendment protection under Miller v. California.
Question 2: The dormant Commerce Clause prohibits states from enacting laws that:
- Regulate purely intrastate commerce
- Discriminate against or unduly burden interstate commerce (Correct answer)
- Tax federal instrumentalities
- Restrict foreign commerce
Correct answer: Discriminate against or unduly burden interstate commerce
The dormant Commerce Clause bars state laws that discriminate against or impose undue burdens on interstate commerce.
Question 3: Which standard of review applies to laws that classify based on race under the Equal Protection Clause?
- Rational basis
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Compelling interest balancing
Correct answer: Strict scrutiny
Racial classifications are subject to strict scrutiny, requiring a compelling government interest and narrow tailoring.
Question 4: The Supremacy Clause of the U.S. Constitution establishes that:
- Congress may override Supreme Court decisions
- Federal law is the supreme law of the land (Correct answer)
- States retain all powers not granted to Congress
- The President may nullify unconstitutional statutes
Correct answer: Federal law is the supreme law of the land
Article VI's Supremacy Clause declares federal law supreme, preempting conflicting state law.
Question 5: Under Substantive Due Process, unenumerated fundamental rights receive what level of protection?
- Rational basis review
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Deferential review
Correct answer: Strict scrutiny
Laws burdening fundamental rights are subject to strict scrutiny, requiring a compelling interest and narrow tailoring.
Question 6: The Takings Clause requires just compensation when the government:
- Regulates property in the public interest
- Takes private property for public use (Correct answer)
- Imposes taxes on property value
- Restricts land use through zoning
Correct answer: Takes private property for public use
The Fifth Amendment Takings Clause mandates just compensation when government takes private property for public use.
OK Bar OK Bar Constitutional Law 1
Under the First Amendment, which type of speech receives the LEAST constitutional protection?