GA Bar Constitutional Rights and Liberties 3

Question 1

Under the Lemon test, a law regulating religion violates the Establishment Clause unless it:

Accepted Answer

Has a secular legislative purpose, its principal effect neither advances nor inhibits religion, and it does not foster excessive government entanglement with religion

Answer

Lemon v. Kurtzman (1971) requires that a law have a secular purpose, a neutral primary effect on religion, and avoid excessive entanglement — failure on any prong is unconstitutional.

Question 2

Under Employment Division v. Smith (1990), a neutral law of general applicability that incidentally burdens religious practice:

Accepted Answer

Is constitutional and need not be justified by a compelling government interest

Answer

Smith held that neutral, generally applicable laws that incidentally burden religion need only satisfy rational basis review and do not require religious exemptions.

Question 3

A state law classifies people based on sex. Under equal protection, the correct level of scrutiny is:

Accepted Answer

Intermediate scrutiny — the classification must be substantially related to an important government interest

Answer

Under Craig v. Boren (1976), sex-based classifications are quasi-suspect and subject to intermediate scrutiny requiring a substantial relationship to an important government interest.

Question 4

Which of the following is a fundamental right triggering strict scrutiny under substantive due process?

Accepted Answer

The right to interstate travel

Answer

The right to travel interstate is a recognized fundamental right under the Constitution, triggering strict scrutiny when government burdens it.

Question 5

Under Mathews v. Eldridge, courts balance three factors to determine what process is constitutionally due before the government deprives someone of a protected interest. Those factors are:

Accepted Answer

Private interest, risk of erroneous deprivation and value of additional procedures, and government interest

Answer

Mathews v. Eldridge (1976) balances: (1) the private interest at stake, (2) the risk of erroneous deprivation and the value of additional procedures, and (3) the government's fiscal and administrative burden.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Constitutional Rights and Liberties 3