IL Bar Constitutional Law 3

Question 1

The Dormant Commerce Clause doctrine prevents states from enacting laws that:

Accepted Answer

Unduly burden or discriminate against interstate commerce

Answer

The Dormant Commerce Clause prohibits state laws that discriminate against or place undue burdens on interstate commerce, even absent federal legislation on the subject.

Question 2

Under the Illinois Constitution's Home Rule provision, a home rule municipality may:

Accepted Answer

Exercise any power relating to its government and affairs unless the General Assembly specifically limits it

Answer

Illinois home rule units have broad authority to exercise any power pertaining to their government and affairs, subject to limitations imposed by the General Assembly.

Question 3

The Contracts Clause of Article I, Section 10 prohibits states from passing laws that substantially impair existing contracts. This clause applies to:

Accepted Answer

Existing contracts, subject to a balancing test

Answer

The Contracts Clause applies to existing contractual obligations; courts apply a balancing test weighing the impairment's severity against the government's legitimate interest.

Question 4

Executive privilege may be overcome in a criminal proceeding when:

Accepted Answer

There is a demonstrated specific need for the evidence outweighing the privilege

Answer

Under United States v. Nixon, executive privilege yields to a demonstrated, specific need for evidence essential to a fair criminal trial.

Question 5

Which branch of government has the power to impeach federal judges under the U.S. Constitution?

Accepted Answer

The House impeaches; the Senate tries

Answer

The House of Representatives holds the sole power of impeachment, and the Senate holds the sole power to try all impeachments.

IL Bar - Illinois Bar Exam Practice Test

IL Bar - Illinois Bar Exam Practice Test

IL Bar Constitutional Law 3