UT Bar Constitutional Law 2

Question 1

Under the modern Commerce Clause doctrine after United States v. Lopez, Congress may regulate:

Accepted Answer

Channels and instrumentalities of interstate commerce, and activities substantially affecting it

Answer

Only activities that directly involve the movement of goods across state lines

Answer

Any activity within a state that Congress deems nationally important

Answer

Only economic activities, never non-commercial conduct

Question 2

The Dormant Commerce Clause doctrine prohibits states from:

Accepted Answer

Discriminating against or unduly burdening interstate commerce

Answer

Regulating any activity that touches on commerce

Answer

Taxing goods solely because they cross state lines

Answer

Passing laws affecting foreign trade without federal approval

Question 3

The Supremacy Clause of Article VI establishes that:

Accepted Answer

Valid federal law preempts conflicting state law when Congress has acted within its authority

Answer

The President is supreme over Congress in matters of national security

Answer

The Supreme Court is the final arbiter of all constitutional questions

Answer

States must always follow federal agency regulations regardless of their validity

Question 4

The non-delegation doctrine limits Congress's power by prohibiting it from:

Accepted Answer

Delegating legislative power without an intelligible principle guiding the delegatee

Answer

Passing legislation that requires implementing regulations

Answer

Creating independent regulatory agencies outside executive control

Answer

Granting authority to foreign governments or international organizations

Question 5

The Article IV Privileges and Immunities Clause most directly protects:

Accepted Answer

Citizens of one state from discrimination by another state regarding fundamental rights

Answer

All constitutional rights of citizens from any state interference

Answer

Federal employees from state prosecution for official acts

Answer

Corporations from discriminatory state taxation schemes

Question 6

Presidential executive privilege, as recognized in United States v. Nixon:

Accepted Answer

May yield to a demonstrated specific need for evidence in criminal proceedings

Answer

Is an absolute constitutional protection that cannot be overridden by any branch

Answer

Applies only to communications about military operations and national security

Answer

Does not exist as a constitutional doctrine since it is not mentioned in the text

Question 7

The Full Faith and Credit Clause of Article IV requires states to:

Accepted Answer

Recognize and enforce valid judicial judgments of sister states

Answer

Apply federal law to all disputes involving federal questions

Answer

Provide equal governmental benefits to citizens of all states

Answer

Honor federal agency decisions as binding precedent in state courts