UCLA-LAW-160 CONSTITUTIONAL LAW EXAM
PREDICTOR 2026 /2027 Q&A
1. Which of the following best describes the holding in Marbury v.
Madison (1803)?
A. Congress has the power to establish lower federal courts
B. The Supreme Court has the power of judicial review over
congressional acts
C. The President has absolute immunity from judicial process
D. States cannot nullify federal laws
Correct Answer: B
Explanation: Marbury v. Madison established the principle of
judicial review, allowing the Supreme Court to declare
congressional acts unconstitutional. Option A relates to Article III
but is not Marbury's holding; C and D are incorrect as Marbury did
not address presidential immunity or nullification.
2. In Obergefell v. Hodges (2015), the Supreme Court held that the
Fourteenth Amendment requires all states to:
A. Provide affirmative action in university admissions
B. Issue marriage licenses to same-sex couples and recognize such
marriages performed elsewhere
C. Abolish the death penalty for juvenile offenders
D. Grant voting rights to 16-year-olds in primary elections
Correct Answer: B
Explanation: Obergefell held that the Due Process and Equal
Protection Clauses require states to license and recognize same-sex
marriages. Options A, C, and D relate to different cases
(Fisher/Grutter, Roper, and no landmark case respectively).
,3. Which standard of judicial review applies when a law classifies based
on race?
A. Rational basis review
B. Intermediate scrutiny
C. Strict scrutiny
D. De novo review
Correct Answer: C
Explanation: Race-based classifications trigger strict scrutiny,
requiring the law to be narrowly tailored to serve a compelling
government interest. Rational basis applies to economic
regulations; intermediate scrutiny applies to gender classifications.
4. In Brown v. Board of Education (1954), the Court unanimously held
that racial segregation in public schools:
A. Violated the Equal Protection Clause of the Fourteenth
Amendment
B. Was permissible if facilities were equal
C. Violated the Due Process Clause of the Fifth Amendment
D. Was a matter for state legislatures to decide
Correct Answer: A
Explanation: Brown held that "separate but equal" has no place in
public education under the Equal Protection Clause. Option B
reflects Plessy v. Ferguson (overruled by Brown); C is incorrect as
Brown was a Fourteenth Amendment case against states; D
contradicts the holding.
5. Which of the following is NOT a protected class under strict scrutiny
analysis?
A. Race
B. National origin
C. Gender
D. Alienage (in most contexts)
Correct Answer: C
Explanation: Gender receives intermediate scrutiny, not strict
, scrutiny. Race, national origin, and alienage (in most most contexts)
receive strict scrutiny.
6. In United States v. Lopez (1995), the Supreme Court struck down the
Gun-Free School Zones Act because:
A. It violated the First Amendment right to bear arms
B. Congress exceeded its Commerce Clause power
C. It infringed on state police powers under the Tenth Amendment
D. It violated the Second Amendment
Correct Answer: B
Explanation: Lopez held that possession of a gun near a school was
not economic activity and thus beyond Congress's Commerce Clause
power. The Second Amendment was not incorporated until Heller
(2008); the decision focused on Commerce Clause limits, not Tenth
Amendment state powers directly.
7. Which test is used to determine whether a law violates the
Establishment Clause of the First Amendment?
A. The Lemon test (from Lemon v. Kurtzman)
B. The strict scrutiny test
C. The rational basis test
D. The clear and present danger test
Correct Answer: A
Explanation: The Lemon test requires a law to have a secular
purpose, not advance/inhibit religion primarily, and not foster
excessive entanglement. Though some justices have criticized it, it
remains influential. Clear and present danger applies to speech;
strict/rational basis are equal protection standards.
8. In Citizens United v. FEC (2010), the Court held that:
A. Corporations cannot spend money on political elections
, B. Corporate independent expenditures on political speech cannot be
limited under the First Amendment
C. The FEC has unlimited authority to regulate campaign finance
D. Individual campaign contributions can be unlimited
Correct Answer: B
Explanation: Citizens United held that the First Amendment
prohibits restricting corporate independent expenditures for
political speech. The case did not address contributions (which
remain limited) or give corporations unlimited spending in all
contexts.
9. Which amendment incorporated the Second Amendment against the
states?
A. First Amendment
B. Fourth Amendment
C. Fifth Amendment
D. Fourteenth Amendment
Correct Answer: D
Explanation: The Fourteenth Amendment's Due Process Clause was
used in McDonald v. Chicago (2010) to incorporate the Second
Amendment against states. The Second Amendment itself was not
the incorporating amendment.
10. In Shelby County v. Holder (2013), the Supreme Court struck
down:
A. The individual mandate of the Affordable Care Act
B. Section 4(b) of the Voting Rights Act, which determined which
jurisdictions needed federal voting oversight
C. The death penalty for juvenile offenders
D. The Gun-Free School Zones Act
Correct Answer: B
Explanation: Shelby County held that the coverage formula in
Section 4(b) of the Voting Rights Act was unconstitutional because it
PREDICTOR 2026 /2027 Q&A
1. Which of the following best describes the holding in Marbury v.
Madison (1803)?
A. Congress has the power to establish lower federal courts
B. The Supreme Court has the power of judicial review over
congressional acts
C. The President has absolute immunity from judicial process
D. States cannot nullify federal laws
Correct Answer: B
Explanation: Marbury v. Madison established the principle of
judicial review, allowing the Supreme Court to declare
congressional acts unconstitutional. Option A relates to Article III
but is not Marbury's holding; C and D are incorrect as Marbury did
not address presidential immunity or nullification.
2. In Obergefell v. Hodges (2015), the Supreme Court held that the
Fourteenth Amendment requires all states to:
A. Provide affirmative action in university admissions
B. Issue marriage licenses to same-sex couples and recognize such
marriages performed elsewhere
C. Abolish the death penalty for juvenile offenders
D. Grant voting rights to 16-year-olds in primary elections
Correct Answer: B
Explanation: Obergefell held that the Due Process and Equal
Protection Clauses require states to license and recognize same-sex
marriages. Options A, C, and D relate to different cases
(Fisher/Grutter, Roper, and no landmark case respectively).
,3. Which standard of judicial review applies when a law classifies based
on race?
A. Rational basis review
B. Intermediate scrutiny
C. Strict scrutiny
D. De novo review
Correct Answer: C
Explanation: Race-based classifications trigger strict scrutiny,
requiring the law to be narrowly tailored to serve a compelling
government interest. Rational basis applies to economic
regulations; intermediate scrutiny applies to gender classifications.
4. In Brown v. Board of Education (1954), the Court unanimously held
that racial segregation in public schools:
A. Violated the Equal Protection Clause of the Fourteenth
Amendment
B. Was permissible if facilities were equal
C. Violated the Due Process Clause of the Fifth Amendment
D. Was a matter for state legislatures to decide
Correct Answer: A
Explanation: Brown held that "separate but equal" has no place in
public education under the Equal Protection Clause. Option B
reflects Plessy v. Ferguson (overruled by Brown); C is incorrect as
Brown was a Fourteenth Amendment case against states; D
contradicts the holding.
5. Which of the following is NOT a protected class under strict scrutiny
analysis?
A. Race
B. National origin
C. Gender
D. Alienage (in most contexts)
Correct Answer: C
Explanation: Gender receives intermediate scrutiny, not strict
, scrutiny. Race, national origin, and alienage (in most most contexts)
receive strict scrutiny.
6. In United States v. Lopez (1995), the Supreme Court struck down the
Gun-Free School Zones Act because:
A. It violated the First Amendment right to bear arms
B. Congress exceeded its Commerce Clause power
C. It infringed on state police powers under the Tenth Amendment
D. It violated the Second Amendment
Correct Answer: B
Explanation: Lopez held that possession of a gun near a school was
not economic activity and thus beyond Congress's Commerce Clause
power. The Second Amendment was not incorporated until Heller
(2008); the decision focused on Commerce Clause limits, not Tenth
Amendment state powers directly.
7. Which test is used to determine whether a law violates the
Establishment Clause of the First Amendment?
A. The Lemon test (from Lemon v. Kurtzman)
B. The strict scrutiny test
C. The rational basis test
D. The clear and present danger test
Correct Answer: A
Explanation: The Lemon test requires a law to have a secular
purpose, not advance/inhibit religion primarily, and not foster
excessive entanglement. Though some justices have criticized it, it
remains influential. Clear and present danger applies to speech;
strict/rational basis are equal protection standards.
8. In Citizens United v. FEC (2010), the Court held that:
A. Corporations cannot spend money on political elections
, B. Corporate independent expenditures on political speech cannot be
limited under the First Amendment
C. The FEC has unlimited authority to regulate campaign finance
D. Individual campaign contributions can be unlimited
Correct Answer: B
Explanation: Citizens United held that the First Amendment
prohibits restricting corporate independent expenditures for
political speech. The case did not address contributions (which
remain limited) or give corporations unlimited spending in all
contexts.
9. Which amendment incorporated the Second Amendment against the
states?
A. First Amendment
B. Fourth Amendment
C. Fifth Amendment
D. Fourteenth Amendment
Correct Answer: D
Explanation: The Fourteenth Amendment's Due Process Clause was
used in McDonald v. Chicago (2010) to incorporate the Second
Amendment against states. The Second Amendment itself was not
the incorporating amendment.
10. In Shelby County v. Holder (2013), the Supreme Court struck
down:
A. The individual mandate of the Affordable Care Act
B. Section 4(b) of the Voting Rights Act, which determined which
jurisdictions needed federal voting oversight
C. The death penalty for juvenile offenders
D. The Gun-Free School Zones Act
Correct Answer: B
Explanation: Shelby County held that the coverage formula in
Section 4(b) of the Voting Rights Act was unconstitutional because it
