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 Eleventh Amendment bars federal court suits against a state by citizens of another state (or foreign nation) without the state's consent, protecting state sovereign immunity.

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

In Employment Division v. Smith, the Supreme Court held that neutral, generally applicable laws that incidentally burden religious practices need only satisfy rational basis review.

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

The Supreme Court has selectively incorporated most Bill of Rights provisions against the states through the Due Process Clause of the Fourteenth 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

Standing requires injury in fact, causation, and redressability; a constitutional violation is not required — statutory, regulatory, or common law injuries may also confer standing.

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

Facially discriminatory state laws are virtually per se invalid and can survive only if the state demonstrates a legitimate local purpose that cannot be achieved through less discriminatory means.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Constitutional Law 2