IL Bar Constitutional Law 2

Question 1

Under the Equal Protection Clause, which classification triggers strict scrutiny?

Accepted Answer

Race

Answer

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?

Accepted Answer

Suits by foreign nations against a state

Answer

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?

Accepted Answer

The channels of interstate commerce

Answer

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?

Accepted Answer

Free Speech Clause

Answer

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:

Accepted Answer

An intelligible principle guiding the agency's discretion

Answer

The intelligible principle doctrine requires Congress to provide an adequate standard or guiding principle to constrain the agency's exercise of delegated authority.

IL Bar - Illinois Bar Exam Practice Test

IL Bar - Illinois Bar Exam Practice Test

IL Bar Constitutional Law 2