JD Constitutional Law 2 — Questions and Answers
Question 1: The 'takings' clause of the Fifth Amendment requires the government to provide just compensation when it does what?
- Taxes private property
- Regulates land use
- Takes private property for public use (Correct answer)
- Zones residential areas
Correct answer: Takes private property for public use
The Takings Clause of the Fifth Amendment mandates just compensation when the government appropriates private property for public use.
Question 2: Under the Equal Protection Clause, race-based classifications are subject to which level of scrutiny?
- Rational basis review
- Intermediate scrutiny
- Heightened scrutiny
- Strict scrutiny (Correct answer)
Correct answer: Strict scrutiny
Race is a suspect classification under the Equal Protection Clause, triggering strict scrutiny that requires a compelling government interest and narrow tailoring.
Question 3: The Non-Delegation Doctrine holds that Congress cannot delegate which type of power to administrative agencies?
- Investigative powers
- Legislative powers without an intelligible principle (Correct answer)
- Adjudicative authority
- Rulemaking authority
Correct answer: Legislative powers without an intelligible principle
The Non-Delegation Doctrine prohibits Congress from transferring its core legislative authority to agencies unless it provides an intelligible guiding principle.
Question 4: Which doctrine allows federal courts to avoid deciding constitutional questions when a case can be resolved on other grounds?
- Political question doctrine
- Constitutional avoidance canon (Correct answer)
- Abstention doctrine
- Ripeness doctrine
Correct answer: Constitutional avoidance canon
The constitutional avoidance canon instructs courts to interpret statutes to avoid constitutional questions when a plausible alternative reading exists.
Question 5: In which case did the Supreme Court hold that the Second Amendment protects an individual right to keep and bear arms unconnected to militia service?
- McDonald v. City of Chicago
- District of Columbia v. Heller (Correct answer)
- United States v. Miller
- Caetano v. Massachusetts
Correct answer: District of Columbia v. Heller
In District of Columbia v. Heller (2008), the Supreme Court ruled the Second Amendment protects an individual right to possess firearms independent of service in a militia.
Question 6: The 'political question' doctrine holds that certain issues are not suitable for judicial resolution because they are committed to which branch?
- State governments
- The political branches (Congress or President) (Correct answer)
- Administrative agencies
- Grand juries
Correct answer: The political branches (Congress or President)
The political question doctrine bars courts from deciding matters constitutionally committed to Congress or the President, such as the conduct of foreign relations.
JD Constitutional Law 2
The 'takings' clause of the Fifth Amendment requires the government to provide just compensation when it does what?