Law School Constitutional Law 3

Question 1

In New York Times Co. v. Sullivan (1964), the Supreme Court held that a public official suing for defamation must prove:

Accepted Answer

The statement was made with actual malice — knowledge of falsity or reckless disregard for the truth

Answer

Sullivan established the 'actual malice' standard: public officials must prove the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

Question 2

Which constitutional provision prevents states from passing laws that impair the obligation of contracts already in existence?

Accepted Answer

The Contracts Clause (Article I, Section 10)

Answer

The Contracts Clause in Article I, Section 10 prohibits states from enacting laws that substantially impair the obligations of existing private contracts.

Question 3

Executive privilege — the President's right to keep executive communications confidential — was addressed by the Supreme Court in:

Accepted Answer

United States v. Nixon

Answer

United States v. Nixon (1974) recognized executive privilege for the first time but held it was not absolute, requiring Nixon to turn over the Watergate tapes to the special prosecutor.

Question 4

The Eleventh Amendment generally bars federal courts from hearing suits:

Accepted Answer

Against a state brought by citizens of another state or foreign citizens

Answer

The Eleventh Amendment grants states sovereign immunity from suits in federal court brought by citizens of another state or foreign nationals without the state's consent.

Question 5

What does 'substantive due process' protect, as distinguished from 'procedural due process'?

Accepted Answer

Certain fundamental rights from government interference regardless of the procedures used

Answer

Substantive due process protects fundamental rights — such as privacy and family autonomy — from government intrusion even if procedurally fair processes are followed.

Law School Practice Test

Law School Practice Test

Law School Constitutional Law 3