NH Bar Constitutional Law 2 — Questions and Answers
Question 1: Under the Takings Clause of the Fifth Amendment, when must the government provide just compensation?
- When it physically invades property or enacts a regulation that deprives the owner of all economic value (Correct answer)
- Only when it physically seizes real property through eminent domain
- Whenever a regulation reduces the market value of private property by any amount
- Only when the property taken is used for a traditional public purpose such as roads
Correct answer: When it physically invades property or enacts a regulation that deprives the owner of all economic value
The Takings Clause requires just compensation for physical invasions and for regulatory takings that deprive an owner of all economically beneficial use of the property.
Question 2: The Establishment Clause of the First Amendment prohibits the government from:
- Making laws that respect an establishment of religion (Correct answer)
- Allowing religious groups to use public facilities on equal terms with secular groups
- Granting tax exemptions to religious organizations
- Permitting students to pray voluntarily in public schools
Correct answer: Making laws that respect an establishment of religion
The Establishment Clause forbids the government from making any law respecting an establishment of religion, including laws that prefer one religion over others or religion over non-religion.
Question 3: Which of the following best describes the Privileges and Immunities Clause of Article IV?
- It prevents states from discriminating against out-of-state citizens with respect to fundamental rights and important economic activities (Correct answer)
- It grants all citizens the same privileges as federal government employees
- It prohibits the federal government from abridging the privileges of citizenship
- It bars states from enacting any law that disadvantages non-residents
Correct answer: It prevents states from discriminating against out-of-state citizens with respect to fundamental rights and important economic activities
Article IV's Privileges and Immunities Clause prohibits states from discriminating against non-residents as to fundamental rights and essential economic activities without substantial justification.
Question 4: To have standing to bring a constitutional claim in federal court, a plaintiff must demonstrate:
- A concrete injury in fact, causation, and redressability (Correct answer)
- That a federal statute has been violated and damages exceed $75,000
- That they are directly named in the challenged legislation
- Membership in a class of persons historically subjected to discrimination
Correct answer: A concrete injury in fact, causation, and redressability
Article III standing requires the plaintiff to show a concrete injury in fact that is fairly traceable to the defendant's conduct and likely to be redressed by a favorable decision.
Question 5: The state action doctrine limits the application of most constitutional rights to situations where:
- The violation is attributable to a government actor or entity (Correct answer)
- The violation occurs in a publicly owned building or facility
- The violating party receives any form of government funding
- The violation affects a class of individuals protected by federal statute
Correct answer: The violation is attributable to a government actor or entity
Most constitutional protections apply only to government action; purely private conduct, even if discriminatory, generally does not implicate constitutional rights.
Question 6: Under the Dormant Commerce Clause, a state law will be struck down if it:
- Discriminates against interstate commerce in favor of local economic interests (Correct answer)
- Regulates any commercial activity that crosses state lines
- Imposes any burden on an out-of-state business operating within the state
- Regulates a field that Congress has the power to regulate under the Commerce Clause
Correct answer: Discriminates against interstate commerce in favor of local economic interests
The Dormant Commerce Clause doctrine invalidates state laws that discriminate against interstate commerce or impose undue burdens on it, even in the absence of federal legislation.
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:
- It is a reasonable and necessary means of serving an important public interest (Correct answer)
- The state legislature declares the contract contrary to public policy
- The impairment is temporary and the contract is later restored
- The contracting parties had an opportunity to renegotiate the contract
Correct answer: It is a reasonable and necessary means of serving an important public interest
When a state law substantially impairs a private contract, it must be a reasonable and necessary means to serve a significant and legitimate public interest to survive constitutional scrutiny.
NH Bar Constitutional Law 2
Under the Takings Clause of the Fifth Amendment, when must the government provide just compensation?