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
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
