NH Bar Constitutional Law

Question 1

Under the Commerce Clause, Congress may regulate which of the following?

Accepted Answer

Any activity that substantially affects interstate commerce

Answer

Only goods that physically cross state lines

Answer

Only commercial activity that is explicitly national in character

Answer

Any intrastate activity regardless of its economic nature

Question 2

Which standard of review applies to a law that discriminates based on race under the Equal Protection Clause?

Accepted Answer

Strict scrutiny — the government must show a compelling interest and narrowly tailored means

Answer

Intermediate scrutiny — the government must show a substantial interest and substantially related means

Answer

Rational basis — the law must be rationally related to a legitimate government interest

Answer

Heightened scrutiny — the government must show an important interest and a close fit

Question 3

A city ordinance prohibits all leafletting in a public park. Under the First Amendment, this ordinance is most likely:

Accepted Answer

Unconstitutional because it is not a reasonable time, place, and manner restriction

Answer

Constitutional because the government may restrict all speech in public parks

Answer

Constitutional because leafletting creates litter, a compelling government interest

Answer

Unconstitutional only if the restriction targets a specific viewpoint

Question 4

The Supremacy Clause provides that when federal law and state law conflict, which law prevails?

Accepted Answer

Federal law prevails under the doctrine of preemption

Answer

State law prevails because states retain police power

Answer

The more recently enacted law prevails regardless of source

Answer

The law that is more specific to the subject matter prevails

Question 5

Under the Fourth Amendment, which of the following searches is generally permissible without a warrant?

Accepted Answer

A search incident to a lawful arrest

Answer

A search of a home based solely on probable cause

Answer

A search of a hotel room when police have a hunch of illegal activity

Answer

A wiretap of phone conversations between private parties

Question 6

Substantive due process protects which type of rights from government interference?

Accepted Answer

Fundamental rights deeply rooted in the nation's history and traditions

Answer

Any right that a majority of the legislature deems important

Answer

Only rights explicitly enumerated in the Bill of Rights

Answer

Rights that have been judicially recognized within the last 50 years

Question 7

The doctrine of separation of powers prevents which of the following?

Accepted Answer

Congress from vesting executive power directly in itself

Answer

The President from negotiating treaties with foreign nations

Answer

Courts from reviewing the constitutionality of legislation

Answer

Congress from creating administrative agencies with rulemaking authority