Bar Exam: Constitutional Law

Which landmark Supreme Court case established the principle of judicial review, allowing the Court to declare acts of Congress unconstitutional?

Marbury v. Madison (1803)

Under Article I, Section 8, which clause gives Congress the power to regulate trade among the several states?

The Commerce Clause

Which amendment to the U.S. Constitution reserves powers not delegated to the federal government to the states or the people?

The Tenth Amendment

What are the three tiers of judicial review used by courts to evaluate the constitutionality of government actions?

Rational basis, intermediate scrutiny, and strict scrutiny.

What is the difference between procedural and substantive due process?

Procedural due process refers to the fairness of the methods used by the government, while substantive due process refers to the government's justification for depriving a person of life, liberty, or property.

Which clause of the First Amendment prohibits the government from establishing an official religion or favoring one religion over another?

The Establishment Clause

Under the Commerce Clause, how can Congress regulate purely local, intrastate activities?

Congress can regulate local activities if they have a substantial aggregate effect on interstate commerce.

What are the four requirements for a valid condition on federal funding under the Spending Clause (South Dakota v. Dole)?

The condition must be: (1) for the general welfare, (2) unambiguous, (3) related to the federal interest in the program, and (4) not unduly coercive.

What is the 'Dormant Commerce Clause'?

A legal doctrine that prohibits states from passing legislation that discriminates against or excessively burdens interstate commerce, even in the absence of federal regulation.

What standard of review is applied to government classifications based on gender or legitimacy?

Intermediate scrutiny