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BarBri Constitutional Law Questions and Answers Latest Version Already Passed

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BarBri Constitutional Law Questions and Answers Latest Version Already Passed What is the primary function of the doctrine of separation of powers? To prevent any one branch of government from becoming too powerful What level of scrutiny applies to a law that discriminates based on race? Strict scrutiny What does the Establishment Clause prohibit? The government from establishing an official religion or favoring one religion over another When is a law content-based under the First Amendment? When it targets speech based on the topic or message expressed What is required for standing in federal court? Injury in fact, causation, and redressability 2 What is the dormant Commerce Clause doctrine? The principle that state laws cannot discriminate against or unduly burden interstate commerce What is the primary difference between procedural and substantive due process? Procedural due process concerns the fairness of procedures; substantive due process concerns fundamental rights Can Congress commandeer state governments to enforce federal regulations? No, under the anti-commandeering doctrine What is the test for whether a government regulation violates the Free Exercise Clause? Whether the law is neutral and generally applicable; if not, strict scrutiny applies What kind of speech is considered unprotected under the First Amendment? Incitement to imminent lawless action, true threats, obscenity, and defamation When can a state tax an activity under the Commerce Clause? 3 When the tax does not discriminate against or unduly burden interstate commerce What is the principle of judicial review established by Marbury v. Madison? That the judiciary has the power to declare laws unconstitutional Can Congress increase the original jurisdiction of the Supreme Court? No, original jurisdiction is set by the Constitution What is intermediate scrutiny? The law must be substantially related to an important government interest What does the Equal Protection Clause of the 14th Amendment protect against? Unjustified government discrimination When does the government have a compelling interest under strict scrutiny? When the interest is essential or necessary to achieve a highly important goal What triggers strict scrutiny under the Equal Protection Clause? 4 Government classifications based on race, national origin, or fundamental rights Can a private citizen violate the Constitution? No, constitutional protections apply to government actors When is symbolic speech protected? When it is intended to convey a message and is likely to be understood by observers Does the Constitution require due process before the government takes a person's property? Yes, under the Due Process Clause Can the President unilaterally declare war? No, only Congress has the power to declare

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BarBri Constitutional Law Questions
and Answers Latest Version Already
Passed
What is the primary function of the doctrine of separation of powers?


✔✔To prevent any one branch of government from becoming too powerful




What level of scrutiny applies to a law that discriminates based on race?


✔✔Strict scrutiny




What does the Establishment Clause prohibit?


✔✔The government from establishing an official religion or favoring one religion over another




When is a law content-based under the First Amendment?


✔✔When it targets speech based on the topic or message expressed




What is required for standing in federal court?


✔✔Injury in fact, causation, and redressability




1

,What is the dormant Commerce Clause doctrine?


✔✔The principle that state laws cannot discriminate against or unduly burden interstate

commerce




What is the primary difference between procedural and substantive due process?


✔✔Procedural due process concerns the fairness of procedures; substantive due process

concerns fundamental rights




Can Congress commandeer state governments to enforce federal regulations?


✔✔No, under the anti-commandeering doctrine




What is the test for whether a government regulation violates the Free Exercise Clause?


✔✔Whether the law is neutral and generally applicable; if not, strict scrutiny applies




What kind of speech is considered unprotected under the First Amendment?


✔✔Incitement to imminent lawless action, true threats, obscenity, and defamation




When can a state tax an activity under the Commerce Clause?


2

,✔✔When the tax does not discriminate against or unduly burden interstate commerce




What is the principle of judicial review established by Marbury v. Madison?


✔✔That the judiciary has the power to declare laws unconstitutional




Can Congress increase the original jurisdiction of the Supreme Court?


✔✔No, original jurisdiction is set by the Constitution




What is intermediate scrutiny?


✔✔The law must be substantially related to an important government interest




What does the Equal Protection Clause of the 14th Amendment protect against?


✔✔Unjustified government discrimination




When does the government have a compelling interest under strict scrutiny?


✔✔When the interest is essential or necessary to achieve a highly important goal




What triggers strict scrutiny under the Equal Protection Clause?

3

, ✔✔Government classifications based on race, national origin, or fundamental rights




Can a private citizen violate the Constitution?


✔✔No, constitutional protections apply to government actors




When is symbolic speech protected?


✔✔When it is intended to convey a message and is likely to be understood by observers




Does the Constitution require due process before the government takes a person's property?


✔✔Yes, under the Due Process Clause




Can the President unilaterally declare war?


✔✔No, only Congress has the power to declare war




Can a state ban all political signs on residential property?


✔✔No, such a total ban is unconstitutional under the First Amendment




What does the Takings Clause of the Fifth Amendment require?

4

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