Constitutional Law Flashcards
7 cards from real Multistate Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Constitutional Law flashcards as text
A state law requires all public school teachers to lead students in a daily moment of silent meditation 'for prayer or reflection.' A parent challenges this law. How should a court rule?
Answer: Unconstitutional because it endorses religion under the Establishment Clause
In Wallace v. Jaffree, the Supreme Court struck down a similar Alabama law because its legislative history revealed a religious purpose, violating the Establishment Clause.
Congress passes a law making it a federal crime to possess a firearm within 1,000 feet of a school. Under what constitutional basis was this law ultimately struck down?
Answer: Congress exceeded its Commerce Clause authority because gun possession near schools is not economic activity
In United States v. Lopez, the Court held the Gun-Free School Zones Act exceeded Congress's Commerce Clause power because firearm possession near schools was not economic activity substantially affecting interstate commerce.
A city ordinance prohibits all door-to-door solicitation without a prior permit. A religious group challenges it as applied to their proselytizing. The court should find the ordinance:
Answer: Unconstitutional as a prior restraint on speech and religious exercise
Under Cantwell v. Connecticut and Martin v. City of Struthers, blanket permit requirements for door-to-door religious solicitation are unconstitutional prior restraints on free exercise and speech.
The President signs an executive order directing federal agencies to stop enforcing an immigration statute passed by Congress. A state challenges this order. The order is most likely:
Answer: Invalid because the President cannot refuse to enforce a valid act of Congress
Under the Take Care Clause, the President must faithfully execute the laws; wholesale refusal to enforce a valid statute violates this constitutional duty.
A state law grants a tax exemption to 'charitable and benevolent organizations.' A church claims the exemption. A taxpayer sues, arguing this violates the Establishment Clause. Under Walz v. Tax Commission, the exemption is:
Answer: Constitutional because it extends to a broad class of nonprofit organizations
In Walz v. Tax Commission, the Court upheld property tax exemptions for churches because they were part of a broad class of nonprofit charitable organizations, avoiding excessive government entanglement.
Congress enacts a law requiring state governors to submit monthly reports to a federal agency on their state's environmental compliance. This law is most likely:
Answer: Unconstitutional as commandeering state executive officials in violation of the Tenth Amendment
Under Printz v. United States, Congress cannot compel state executive officers to administer or enforce a federal regulatory program, as this violates the anti-commandeering principle.
A state passes a law imposing a $0.05 tax on every copy of a newspaper sold, but exempting magazines and online publications. A newspaper publisher challenges this. The most likely result is:
Answer: Unconstitutional because singling out newspapers for taxation raises First Amendment concerns
Under Minneapolis Star & Tribune Co. v. Minnesota Commissioner of Revenue, differential taxes targeting the press raise serious First Amendment concerns even without proof of censorial intent.