KY Bar Constitutional Rights and Liberties 2

Question 1

A city ordinance bans all door-to-door solicitation, including religious canvassing, without a permit issued at the mayor's discretion. A religious group challenges the ordinance. What is the strongest constitutional defect?

Accepted Answer

The permit scheme vests unbridled discretion in an official, creating an invalid prior restraint on speech

Answer

Licensing schemes for speech that give officials unfettered discretion are unconstitutional prior restraints under the First Amendment.

Question 2

A state law provides that only U.S. citizens may work as public school teachers. A lawful permanent resident denied a teaching job sues. Which standard of review applies?

Accepted Answer

Rational basis review, because teaching falls within the public function exception to strict scrutiny for alienage classifications

Answer

Under the political/public function exception, state citizenship requirements for positions involving self-governance, such as teachers and police, receive only rational basis review.

Question 3

Police obtain a warrant to search a home for stolen televisions. While searching a small desk drawer, an officer finds a bag of cocaine and seizes it. Is the seizure valid?

Accepted Answer

No, because a television could not fit in the drawer, so the officer exceeded the warrant's scope

Answer

Plain view requires the officer to be lawfully in the place of discovery, and searching a drawer too small to hold the listed items exceeds the warrant's permissible scope.

Question 4

Congress passes a statute stripping federal courts of jurisdiction over challenges to a specific pending case and directing the court to enter judgment for the government. What is the most likely constitutional problem?

Accepted Answer

It violates separation of powers by directing the outcome of a pending case

Answer

While Congress may regulate federal jurisdiction, it cannot dictate the rule of decision or outcome in a pending case, which usurps the judicial power under Article III.

Question 5

A state denies unemployment benefits to a worker fired for refusing Saturday shifts due to her sincere Sabbath observance. Under Sherbert v. Verner, the denial is:

Accepted Answer

Unconstitutional, because conditioning benefits on violating religious beliefs burdens free exercise without a compelling interest

Answer

Sherbert held that denying unemployment benefits for religiously motivated refusal to work imposes an unconstitutional burden on free exercise absent a compelling state interest.

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Constitutional Rights and Liberties 2