Law School Constitutional Law 2

Question 1

Which level of scrutiny applies to government classifications based on race or national origin under the Equal Protection Clause?

Accepted Answer

Strict scrutiny

Answer

Race and national origin are 'suspect classifications' that trigger strict scrutiny, requiring the government to show a compelling interest served by narrowly tailored means.

Question 2

Gender-based classifications by the government are evaluated under which standard of review?

Accepted Answer

Intermediate scrutiny

Answer

Gender classifications are subject to intermediate scrutiny, requiring the government to show that the classification is substantially related to an important government interest.

Question 3

The 'political question doctrine' holds that federal courts should decline to resolve disputes that are:

Accepted Answer

Committed to a coordinate political branch or lack judicially manageable standards

Answer

The political question doctrine, from Baker v. Carr, bars courts from deciding issues constitutionally assigned to Congress or the President, or those lacking judicially discoverable standards.

Question 4

To establish Article III standing, a plaintiff must demonstrate all of the following EXCEPT:

Accepted Answer

A constitutional or statutory right explicitly enumerated in the Bill of Rights

Answer

Standing requires injury in fact, causation, and redressability — there is no requirement that the plaintiff's right be explicitly enumerated in the Bill of Rights.

Question 5

The Takings Clause of the Fifth Amendment requires the government to provide just compensation when it:

Accepted Answer

Takes private property for public use

Answer

The Takings Clause mandates just compensation when the government physically appropriates private property or regulates it so severely as to constitute a taking, provided the taking is for public use.

Law School Practice Test

Law School Practice Test

Law School Constitutional Law 2