IL Bar Constitutional Law 1 — Questions and Answers
Question 1: Under the Due Process Clause of the Fourteenth Amendment, which standard of review applies to economic regulations that do not burden a fundamental right?
- Strict scrutiny
- Intermediate scrutiny
- Rational basis (Correct answer)
- Compelling interest test
Correct answer: Rational basis
Economic regulations that do not implicate fundamental rights or suspect classifications are reviewed under rational basis, requiring only a legitimate government interest and a rational relationship.
Question 2: A state law requires all out-of-state trucking companies to use only Illinois-licensed drivers when hauling goods within the state. Which constitutional provision is most likely violated?
- Supremacy Clause
- Commerce Clause
- Privileges and Immunities Clause of Article IV (Correct answer)
- Equal Protection Clause
Correct answer: Privileges and Immunities Clause of Article IV
The Article IV Privileges and Immunities Clause prohibits states from discriminating against citizens of other states without substantial justification, particularly regarding economic pursuits like employment.
Question 3: The Illinois General Assembly passes a bill that the Governor vetoes. Under the Illinois Constitution, what fraction of each chamber must vote to override the veto?
- Simple majority
- Three-fifths majority
- Two-thirds majority (Correct answer)
- Three-fourths majority
Correct answer: Two-thirds majority
The Illinois Constitution requires a three-fifths majority of each chamber to override a gubernatorial veto.
Question 4: Which doctrine prevents federal courts from enjoining pending state criminal proceedings absent extraordinary circumstances?
- Mootness doctrine
- Abstention under Younger v. Harris (Correct answer)
- Political question doctrine
- Ripeness doctrine
Correct answer: Abstention under Younger v. Harris
Younger abstention requires federal courts to refrain from enjoining ongoing state criminal prosecutions unless there is bad faith, harassment, or a patently invalid statute.
Question 5: Under the First Amendment, which category of speech receives no constitutional protection?
- Commercial speech
- Political speech
- True threats and incitement to imminent lawless action (Correct answer)
- Symbolic speech
Correct answer: True threats and incitement to imminent lawless action
True threats and speech constituting incitement to imminent lawless action under the Brandenburg test are categorically unprotected by the First Amendment.
Question 6: The Takings Clause of the Fifth Amendment requires just compensation when the government takes private property. A regulation that denies an owner all economically beneficial use of land is called a:
- Partial taking
- Regulatory taking requiring Penn Central balancing
- Per se regulatory taking under Lucas (Correct answer)
- Exaction
Correct answer: Per se regulatory taking under Lucas
Under Lucas v. South Carolina Coastal Council, a regulation that deprives an owner of all economically beneficial use constitutes a per se taking requiring compensation.
IL Bar Constitutional Law 1
Under the Due Process Clause of the Fourteenth Amendment, which standard of review applies to economic regulations that do not burden a fundamental right?