Multistate Bar Exam Constitutional Law 2

Question 1

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?

Accepted Answer

Unconstitutional because it endorses religion under the Establishment Clause

Answer

Constitutional as it only mandates silence, not prayer

Answer

Constitutional because teachers retain discretion in how they describe the moment

Answer

Unconstitutional only if teachers suggest students pray

Question 2

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?

Accepted Answer

Congress exceeded its Commerce Clause authority because gun possession near schools is not economic activity

Answer

It violated the Second Amendment right to bear arms

Answer

It violated the Tenth Amendment by commandeering state police

Answer

It violated the Due Process Clause of the Fifth Amendment

Question 3

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:

Accepted Answer

Unconstitutional as a prior restraint on speech and religious exercise

Answer

Constitutional because the city has a compelling interest in residential privacy

Answer

Constitutional only if the permit process is content-neutral

Answer

Unconstitutional only if it was enacted with anti-religious intent

Question 4

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:

Accepted Answer

Invalid because the President cannot refuse to enforce a valid act of Congress

Answer

Valid because the President has plenary power over immigration enforcement

Answer

Valid because prosecutorial discretion is an inherent executive function

Answer

Invalid only if the Senate disapproves by a two-thirds vote

Question 5

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:

Accepted Answer

Constitutional because it extends to a broad class of nonprofit organizations

Answer

Unconstitutional because it financially benefits religious institutions

Answer

Unconstitutional unless the church can show the exemption is the least restrictive means

Answer

Constitutional only if the church spends funds on secular charitable activities

Question 6

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:

Accepted Answer

Unconstitutional as commandeering state executive officials in violation of the Tenth Amendment

Answer

Constitutional under the Supremacy Clause because federal environmental law is supreme

Answer

Constitutional because states consented to federal oversight by accepting federal funds

Answer

Unconstitutional only if a majority of states formally object to Congress

Question 7

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:

Accepted Answer

Unconstitutional because singling out newspapers for taxation raises First Amendment concerns

Answer

Constitutional because the tax is generally applicable to all print media

Answer

Constitutional because the tax rate is de minimis and has no chilling effect

Answer

Unconstitutional only if the publisher can show the tax was intended to suppress criticism of the government