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

Fundamental rights under substantive due process are those deeply rooted in the nation's history and traditions and implicit in the concept of ordered liberty, triggering strict scrutiny.

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

Under Employment Division v. Smith, neutral laws of general applicability that incidentally burden religious practice need only satisfy rational basis review.

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

In Heller, the Supreme Court held that the Second Amendment protects an individual right to possess firearms for self-defense in the home, unconnected from militia service.

Question 4

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

Accepted Answer

Testimonial or communicative evidence

Answer

The Fifth Amendment privilege protects only testimonial or communicative evidence — the compelled expression of one's thoughts — not physical or pre-existing documentary evidence.

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

Article III standing requires a concrete and particularized injury in fact, causation tracing the injury to the defendant's conduct, and redressability through a favorable judicial decision.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Constitutional Law 2