NC Bar Constitutional Law 2

Question 1

The Due Process Clause of the Fourteenth Amendment prohibits states from depriving persons of life, liberty, or property without due process. Which type of due process requires fair procedures before deprivation?

Accepted Answer

Procedural due process

Answer

Procedural due process requires the government to provide notice and an opportunity to be heard before depriving someone of a protected interest.

Question 2

Under the Establishment Clause, government action that endorses or coerces religious practice is:

Accepted Answer

Unconstitutional

Answer

The Establishment Clause bars government from endorsing religion or coercing individuals to participate in religious activity.

Question 3

Congress's power to regulate activities that 'substantially affect' interstate commerce was upheld in:

Accepted Answer

Wickard v. Filburn

Answer

Wickard v. Filburn held that even local, non-commercial activity can be regulated by Congress if it substantially affects interstate commerce in the aggregate.

Question 4

The Second Amendment right to keep and bear arms was held to apply to the states via the Fourteenth Amendment in:

Accepted Answer

McDonald v. City of Chicago

Answer

McDonald v. City of Chicago (2010) incorporated the Second Amendment against the states through the Due Process Clause of the Fourteenth Amendment.

Question 5

Which constitutional doctrine allows courts to avoid deciding a case by finding that the controversy has already been resolved?

Accepted Answer

Mootness

Answer

Mootness doctrine requires dismissal when the controversy no longer exists and a live case or controversy cannot be maintained.

NC Bar - North Carolina Bar Exam Practice Test

NC Bar - North Carolina Bar Exam Practice Test

NC Bar Constitutional Law 2