NC Bar Constitutional Law 3

Question 1

The North Carolina Constitution's Declaration of Rights provides individual rights protections that are interpreted:

Accepted Answer

Independently and sometimes more broadly than the federal constitution

Answer

North Carolina courts may interpret state constitutional provisions independently and can afford greater protections than their federal analogs.

Question 2

Which clause prevents Congress from passing laws that single out specific individuals for punishment without trial?

Accepted Answer

Bill of attainder clause

Answer

The Bill of Attainder Clause in Article I prohibits Congress from enacting legislation that punishes specific individuals without a judicial trial.

Question 3

Under the Contracts Clause, a state law that substantially impairs existing private contracts must:

Accepted Answer

Be reasonably necessary to achieve a significant and legitimate public purpose

Answer

When a state law substantially impairs a private contract, it must be reasonable and necessary to serve a significant and legitimate public purpose.

Question 4

The Eleventh Amendment generally bars federal courts from hearing suits against:

Accepted Answer

State governments brought by citizens of another state without consent

Answer

The Eleventh Amendment grants states sovereign immunity from suits in federal court by citizens of other states or foreign nations unless the state consents or Congress abrogates immunity.

Question 5

A state law that facially discriminates against out-of-state commerce under the dormant Commerce Clause is subject to:

Accepted Answer

Per se invalidity unless narrowly tailored to a legitimate non-protectionist interest

Answer

Facially discriminatory state laws are virtually per se invalid under the dormant Commerce Clause and will fail unless they serve a legitimate local purpose with no reasonable non-discriminatory alternatives.

NC Bar - North Carolina Bar Exam Practice Test

NC Bar - North Carolina Bar Exam Practice Test

NC Bar Constitutional Law 3