IN Bar Constitutional Law 2

Question 1

Under the Eleventh Amendment, a federal court generally cannot hear a suit against a state brought by:

Accepted Answer

A citizen of another state

Answer

The federal government

Answer

The state itself

Answer

A foreign nation

Question 2

The Free Exercise Clause protects individuals from government interference with religious practices. Under Employment Division v. Smith, a neutral law of general applicability that burdens religion requires:

Accepted Answer

Rational basis review

Answer

Strict scrutiny

Answer

Intermediate scrutiny

Answer

Compelling interest balancing

Question 3

The doctrine of incorporation applies provisions of the Bill of Rights to the states through which constitutional provision?

Accepted Answer

Fourteenth Amendment's Due Process Clause

Answer

First Amendment

Answer

Fifth Amendment's Due Process Clause

Answer

Tenth Amendment

Question 4

Under Article III standing requirements, a plaintiff must demonstrate all EXCEPT which of the following?

Accepted Answer

A constitutional violation by the government

Answer

Injury in fact

Answer

Causation between injury and defendant's conduct

Answer

Redressability of the injury

Question 5

The Dormant Commerce Clause restricts state laws that discriminate against interstate commerce. When a state law facially discriminates against out-of-state commerce, it is:

Accepted Answer

Per se invalid unless the state can show it is the least discriminatory means to achieve a legitimate local purpose

Answer

Subject to rational basis review

Answer

Presumptively constitutional

Answer

Reviewed under intermediate scrutiny

Question 6

Which constitutional provision limits Congress's ability to compel state legislatures to enact or enforce federal regulatory programs?

Accepted Answer

The Tenth Amendment anti-commandeering principle

Answer

The Supremacy Clause

Answer

The Necessary and Proper Clause

Answer

The Equal Protection Clause

Question 7

A government employee is fired after speaking on a matter of public concern. Under Garcetti v. Ceballos, the employee's First Amendment claim is barred if the speech was made:

Accepted Answer

Pursuant to official duties

Answer

Outside of working hours

Answer

Anonymously

Answer

On social media