MI Bar Constitutional Law 2

Question 1

Under substantive due process, a right qualifies as 'fundamental' if it is:

Accepted Answer

Deeply rooted in the Nation's history and traditions and implicit in ordered liberty

Answer

Mentioned explicitly in the Bill of Rights

Answer

Recognized by a majority of states through statute

Answer

Protected by a federal civil rights law

Question 2

Under the Free Exercise Clause, a neutral law of general applicability that incidentally burdens religious practice is subject to:

Accepted Answer

Rational basis review

Answer

Strict scrutiny

Answer

Intermediate scrutiny

Answer

No judicial review whatsoever

Question 3

Under District of Columbia v. Heller, the Second Amendment protects an individual's right to:

Accepted Answer

Keep a handgun in the home for self-defense

Answer

Bear arms only while serving in a state militia

Answer

Carry firearms openly in all public places

Answer

Possess any weapon without government restriction

Question 4

The Fifth Amendment privilege against self-incrimination protects a person from being compelled to produce:

Accepted Answer

Testimonial or communicative evidence

Answer

Pre-existing business records subpoenaed by a grand jury

Answer

Physical evidence such as blood or DNA samples

Answer

Handwriting exemplars requested by investigators

Question 5

To establish Article III standing to bring a constitutional challenge in federal court, a plaintiff must demonstrate:

Accepted Answer

Injury in fact, causation, and redressability

Answer

A meritorious legal argument supported by sympathetic facts

Answer

A violation of a fundamental constitutional right

Answer

Congressional authorization to sue the government

Question 6

Under the Youngstown Sheet & Tube Co. v. Sawyer framework, presidential power is at its LOWEST ebb when the President acts:

Accepted Answer

Contrary to the expressed will of Congress

Answer

With express congressional authorization

Answer

In the absence of any congressional action

Answer

In matters of foreign affairs and national security

Question 7

Under the Supremacy Clause, a state law is preempted by federal law in which of the following scenarios?

Accepted Answer

Both B and C are correct grounds for preemption

Answer

The state law is less protective of individual rights than federal law

Answer

Congress expressly declares that federal law preempts state law in that field

Answer

The state law obstructs accomplishment of federal statutory objectives