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

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.

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

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.

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

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.

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

Under the Take Care Clause, the President must faithfully execute the laws; wholesale refusal to enforce a valid statute violates this constitutional duty.

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

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.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Constitutional Law 2