Lawyer Constitutional Law 2 — Questions and Answers
Question 1: What is the constitutional basis for the Supreme Court's power of judicial review?
- Marbury v. Madison established it as an inherent judicial power (Correct answer)
- Article III explicitly grants review of all legislation
- Congress granted the power by statute in 1803
- The President delegated it by executive order
Correct answer: Marbury v. Madison established it as an inherent judicial power
In Marbury v. Madison (1803), Chief Justice Marshall held that the Constitution implicitly empowers courts to strike down legislation that violates it.
Question 2: The 4th Amendment protects people against unreasonable searches and seizures; what is generally required before police conduct a search?
- A warrant supported by probable cause (Correct answer)
- Reasonable suspicion only
- A court order signed by a federal judge
- Prior approval from the state attorney general
Correct answer: A warrant supported by probable cause
The 4th Amendment requires warrants to be based on probable cause, supported by oath, and describing the place to be searched and items to be seized.
Question 3: What does 'equal protection' under the 14th Amendment guarantee?
- That similarly situated people will be treated similarly under the law (Correct answer)
- That every citizen receives identical government benefits
- That all laws must apply to both citizens and non-citizens equally
- That government must treat all races identically in all contexts
Correct answer: That similarly situated people will be treated similarly under the law
The Equal Protection Clause requires that government treat similarly situated people similarly and prohibits arbitrary or discriminatory classifications.
Question 4: What is 'standing' as a constitutional requirement for federal court jurisdiction?
- The plaintiff must have a concrete injury, causation, and redressability (Correct answer)
- The plaintiff must be a US citizen over 18 years of age
- The case must involve a federal statute or constitutional provision
- The plaintiff must have exhausted all state court remedies first
Correct answer: The plaintiff must have a concrete injury, causation, and redressability
Article III standing requires injury in fact that is concrete and particularized, fairly traceable to the defendant's conduct, and likely to be redressed by a favorable decision.
Question 5: Under the 5th Amendment, what is the privilege against self-incrimination?
- No person may be compelled in a criminal case to be a witness against themselves (Correct answer)
- A defendant may refuse to appear at trial entirely
- No statement made to police is ever admissible in court
- A suspect may refuse to provide a DNA sample in all cases
Correct answer: No person may be compelled in a criminal case to be a witness against themselves
The 5th Amendment protects individuals from being compelled to provide testimonial evidence that would incriminate themselves in a criminal proceeding.
Question 6: What does 'intermediate scrutiny' require the government to show when a law is challenged?
- The law is substantially related to an important government interest (Correct answer)
- The law is rationally related to any legitimate government purpose
- The law is narrowly tailored to a compelling government interest
- The law was passed by a two-thirds majority in Congress
Correct answer: The law is substantially related to an important government interest
Intermediate scrutiny, applied to classifications like sex and legitimacy, requires the law to be substantially related to an important governmental interest.
Lawyer Constitutional Law 2
What is the constitutional basis for the Supreme Court's power of judicial review?