CAS Bar Constitutional Law 3

Question 1

Under Washington v. Glucksberg, rights qualify as fundamental under substantive due process when they are:

Accepted Answer

Deeply rooted in the nation's history and traditions and implicit in the concept of ordered liberty

Answer

Glucksberg requires that asserted fundamental rights be carefully described and deeply rooted in history, tradition, and the concept of ordered liberty.

Question 2

The Mathews v. Eldridge balancing test for procedural due process weighs:

Accepted Answer

The private interest, risk of erroneous deprivation and value of additional safeguards, and the government's fiscal and administrative burden

Answer

Mathews requires courts to balance what the individual stands to lose, the risk that current procedures will produce error, and the burden additional process would impose on the government.

Question 3

Under equal protection doctrine, a law classifying persons by race must survive:

Accepted Answer

Strict scrutiny

Answer

Race is a suspect classification under equal protection doctrine, triggering strict scrutiny that requires a compelling interest and narrow tailoring.

Question 4

Under United States v. Virginia, a sex-based governmental classification must be:

Accepted Answer

Substantially related to an important government interest

Answer

Sex-based classifications are subject to intermediate scrutiny requiring that the government show an exceedingly persuasive justification that is substantially related to an important objective.

Question 5

The Slaughterhouse Cases (1873) interpreted the Fourteenth Amendment's Privileges or Immunities Clause to protect:

Accepted Answer

Only rights of national citizenship, not state citizenship

Answer

The Slaughterhouse Cases narrowly held that the clause covers only rights deriving from national citizenship, gutting it as a vehicle for applying the Bill of Rights to states.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Constitutional Law 3