Multistate Bar Exam Constitutional Law 3

Question 1

A state law prohibits any person from burning the American flag as part of a political protest. A defendant is convicted under the statute. The Supreme Court should:

Accepted Answer

Reverse, because flag burning is symbolic political speech protected by the First Amendment

Answer

In Texas v. Johnson, the Court held that flag burning as political protest is protected symbolic speech under the First Amendment, and the government's interest in preserving the flag as a symbol cannot justify this restriction.

Question 2

A federal statute strips federal courts of jurisdiction to hear habeas corpus petitions from enemy combatants held at Guantanamo Bay. The Supreme Court held this law:

Accepted Answer

Unconstitutional because it suspends the writ of habeas corpus without the conditions required by Article I, Section 9

Answer

In Boumediene v. Bush, the Court held that Guantanamo detainees had a constitutional right to habeas corpus and that Congress could not strip courts of jurisdiction without providing an adequate substitute.

Question 3

A state law requires pharmacies to dispense emergency contraception regardless of a pharmacist's religious objections. A pharmacist challenges the law under the Free Exercise Clause. The law is most likely:

Accepted Answer

Constitutional because it is a neutral, generally applicable law that does not target religion

Answer

Under Employment Division v. Smith, neutral, generally applicable laws that incidentally burden religious practice are constitutional without requiring a compelling government interest.

Question 4

The Equal Protection Clause requires 'strict scrutiny' when a law discriminates based on:

Accepted Answer

Race or national origin

Answer

Strict scrutiny applies to laws that classify based on race, national origin, or alienage (a suspect class), requiring the government to prove a compelling interest and narrow tailoring.

Question 5

A city enacts an ordinance banning panhandling in all public parks. A homeless man challenges the ordinance. The court should evaluate this law under:

Accepted Answer

Strict scrutiny because it restricts speech in a traditional public forum

Answer

Public parks are traditional public forums; content-based or overbroad restrictions on speech (including solicitation) in such forums receive strict scrutiny.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Constitutional Law 3