MA Bar Constitutional Law

Question 1

Under the First Amendment, what level of scrutiny applies to content-neutral speech restrictions in public forums?

Accepted Answer

Intermediate scrutiny

Answer

Content-neutral speech restrictions in public forums are subject to intermediate scrutiny, requiring the government to show a substantial interest and narrow tailoring.

Question 2

The Fourteenth Amendment's Equal Protection Clause applies to which governments?

Accepted Answer

Both state and local governments

Answer

The Fourteenth Amendment's Equal Protection Clause applies to state and local governments, while federal equal protection is derived from the Fifth Amendment's Due Process Clause.

Question 3

Which doctrine allows federal courts to abstain from deciding a constitutional issue if a state court could resolve it on state law grounds?

Accepted Answer

Pullman abstention

Answer

Pullman abstention allows federal courts to defer to state courts when a case involves an unsettled state law issue that could avoid the need to decide the federal constitutional question.

Question 4

Under the Dormant Commerce Clause, a state law that discriminates against interstate commerce on its face is subject to what standard?

Accepted Answer

Virtual per se invalidity unless a narrowly tailored exception applies

Answer

Facially discriminatory state laws burdening interstate commerce are virtually per se invalid and can only survive if the state demonstrates a legitimate local purpose achievable by no other non-discriminatory means.

Question 5

Which clause of the U.S. Constitution prohibits states from impairing the obligation of contracts?

Accepted Answer

Contract Clause

Answer

Article I, Section 10's Contract Clause prohibits states from passing laws that substantially impair existing contractual obligations without sufficient justification.

MA Bar - Massachusetts Bar Exam Practice Test

MA Bar - Massachusetts Bar Exam Practice Test

MA Bar Constitutional Law