MBE Multistate Bar Examination — All Questions
3 questions
The principle that federal courts may declare a statute unconstitutional was famously established in:
- a.Gideon v. Wainwright
- b.Marbury v. Madison✓
- c.Miranda v. Arizona
- d.Roe v. Wade
Marbury v. Madison established the principle of judicial review, under which courts may declare legislative or executive acts unconstitutional. It is a foundational case in United States constitutional law.
Congress's authority to regulate commerce among the states derives primarily from:
- a.The First Amendment
- b.The Supremacy Clause
- c.The Necessary and Proper Clause alone
- d.The Commerce Clause✓
The Commerce Clause of Article I grants Congress power to regulate commerce with foreign nations, among the several states, and with Indian tribes. It is one of the broadest sources of federal legislative power.
Under the general equal-protection framework, government classifications based on race are reviewed under:
- a.Strict scrutiny✓
- b.Rational-basis review
- c.No review at all
- d.Intermediate scrutiny
Racial classifications are suspect and generally trigger strict scrutiny, requiring the government to show the classification is narrowly tailored to serve a compelling interest. Intermediate scrutiny typically applies to gender, and rational basis to most other classifications.