IL Bar Constitutional Law 2 — Questions and Answers
Question 1: Under the Equal Protection Clause, which classification triggers strict scrutiny?
- Age
- Disability
- Race (Correct answer)
- Wealth
Correct answer: Race
Race is a suspect classification that triggers strict scrutiny, requiring the government to show a compelling interest achieved through narrowly tailored means.
Question 2: The Eleventh Amendment generally bars suits in federal court against states. Which of the following is NOT an exception to this bar?
- Congressional abrogation under Section 5 of the Fourteenth Amendment
- State consent to suit
- Suits against state officers for prospective injunctive relief
- Suits by foreign nations against a state (Correct answer)
Correct answer: Suits by foreign nations against a state
Suits by foreign nations against a state do not fall within recognized Eleventh Amendment exceptions; the three main exceptions are congressional abrogation, state consent, and Ex parte Young prospective relief.
Question 3: When Congress exercises its Commerce Clause power, it may regulate which of the following under current doctrine?
- Purely intrastate non-economic activity with no substantial effect on interstate commerce
- The channels of interstate commerce (Correct answer)
- Activities that have no rational basis connection to commerce whatsoever
- Gun possession near schools as a standalone measure
Correct answer: The channels of interstate commerce
Congress may regulate the channels of interstate commerce, the instrumentalities of interstate commerce, and activities substantially affecting interstate commerce.
Question 4: A state law requires all residents to attend a government-sponsored civic ceremony. Which clause is most directly violated?
- Free Exercise Clause
- Establishment Clause
- Free Speech Clause (Correct answer)
- Substantive Due Process
Correct answer: Free Speech Clause
Compelled attendance at a government ceremony violates the Free Speech Clause's prohibition on compelled speech and ideological conformity recognized in West Virginia v. Barnette.
Question 5: Under the non-delegation doctrine, Congress may delegate legislative power to administrative agencies provided it establishes:
- Detailed procedural rules
- An intelligible principle guiding the agency's discretion (Correct answer)
- Senate confirmation for all agency decisions
- Judicial review of every agency action
Correct answer: An intelligible principle guiding the agency's discretion
The intelligible principle doctrine requires Congress to provide an adequate standard or guiding principle to constrain the agency's exercise of delegated authority.
Question 6: Which test governs whether a public official can recover for defamation under the First Amendment?
- Negligence standard
- Strict liability
- Actual malice — knowledge of falsity or reckless disregard for truth (Correct answer)
- Preponderance of the evidence of falsity
Correct answer: Actual malice — knowledge of falsity or reckless disregard for truth
Under New York Times v. Sullivan, a public official must prove actual malice — that the defendant knew the statement was false or acted with reckless disregard for the truth.
IL Bar Constitutional Law 2
Under the Equal Protection Clause, which classification triggers strict scrutiny?