DE Bar Constitutional Law 3

Question 1

A state law requires all public school teachers to be U.S. citizens. A lawful permanent resident denied a teaching job challenges the law. The law is most likely:

Accepted Answer

Valid under the public function exception to strict scrutiny for alienage classifications

Answer

Under Ambach v. Norwick, teaching is a governmental function tied to democratic self-governance, so citizenship requirements receive only rational basis review.

Question 2

A city ordinance prohibits sleeping overnight in all public parks. Protesters camping to dramatize homelessness challenge it. The ordinance is likely:

Accepted Answer

Valid as a content-neutral time, place, and manner regulation

Answer

Under Clark v. CCNV, a content-neutral ban on overnight sleeping is a reasonable time, place, and manner restriction serving park maintenance interests.

Question 3

A state supreme court strikes down a state search statute, resting its decision on both the Fourth Amendment and an adequate, independent state constitutional ground. The U.S. Supreme Court should:

Accepted Answer

Decline review because the state ground independently supports the judgment

Answer

The Supreme Court will not review a state judgment resting on an adequate and independent state ground, since reversal on the federal issue would not change the outcome.

Question 4

Congress conditions 5% of federal highway funds on states raising the drinking age to 21. A state objects that this coerces state policy. The condition is:

Accepted Answer

Valid because it is related to highway safety and not unduly coercive

Answer

South Dakota v. Dole upheld this condition as unambiguous, germane to the spending purpose, and a mild inducement rather than coercion.

Question 5

A public university expels a student for a semester without any hearing after accusing him of cheating. His strongest constitutional argument is:

Accepted Answer

Procedural due process requires notice and an opportunity to be heard before deprivation of his education interest

Answer

Continued enrollment at a public institution is a protected interest, and disciplinary deprivations require at least notice and some opportunity to respond.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Constitutional Law 3