NH Bar Constitutional Law 2

Question 1

Under the Takings Clause of the Fifth Amendment, when must the government provide just compensation?

Accepted Answer

When it physically invades property or enacts a regulation that deprives the owner of all economic value

Answer

Only when it physically seizes real property through eminent domain

Answer

Whenever a regulation reduces the market value of private property by any amount

Answer

Only when the property taken is used for a traditional public purpose such as roads

Question 2

The Establishment Clause of the First Amendment prohibits the government from:

Accepted Answer

Making laws that respect an establishment of religion

Answer

Allowing religious groups to use public facilities on equal terms with secular groups

Answer

Granting tax exemptions to religious organizations

Answer

Permitting students to pray voluntarily in public schools

Question 3

Which of the following best describes the Privileges and Immunities Clause of Article IV?

Accepted Answer

It prevents states from discriminating against out-of-state citizens with respect to fundamental rights and important economic activities

Answer

It grants all citizens the same privileges as federal government employees

Answer

It prohibits the federal government from abridging the privileges of citizenship

Answer

It bars states from enacting any law that disadvantages non-residents

Question 4

To have standing to bring a constitutional claim in federal court, a plaintiff must demonstrate:

Accepted Answer

A concrete injury in fact, causation, and redressability

Answer

That a federal statute has been violated and damages exceed $75,000

Answer

That they are directly named in the challenged legislation

Answer

Membership in a class of persons historically subjected to discrimination

Question 5

The state action doctrine limits the application of most constitutional rights to situations where:

Accepted Answer

The violation is attributable to a government actor or entity

Answer

The violation occurs in a publicly owned building or facility

Answer

The violating party receives any form of government funding

Answer

The violation affects a class of individuals protected by federal statute

Question 6

Under the Dormant Commerce Clause, a state law will be struck down if it:

Accepted Answer

Discriminates against interstate commerce in favor of local economic interests

Answer

Regulates any commercial activity that crosses state lines

Answer

Imposes any burden on an out-of-state business operating within the state

Answer

Regulates a field that Congress has the power to regulate under the Commerce Clause

Question 7

Under the Contract Clause of Article I, Section 10, a state law that substantially impairs a private contract will be upheld only if:

Accepted Answer

It is a reasonable and necessary means of serving an important public interest

Answer

The state legislature declares the contract contrary to public policy

Answer

The impairment is temporary and the contract is later restored

Answer

The contracting parties had an opportunity to renegotiate the contract