NH Bar Constitutional Law 3

Question 1

The Eleventh Amendment generally bars federal courts from hearing suits:

Accepted Answer

By private citizens against a state without the state's consent

Answer

By one state against another state in federal court

Answer

By the federal government against a state for constitutional violations

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By citizens of the same state alleging federal constitutional claims

Question 2

Under the Necessary and Proper Clause, Congress may:

Accepted Answer

Enact any law that is rationally related to the execution of an enumerated power

Answer

Create new powers not listed in the Constitution if necessary for good governance

Answer

Delegate any governmental function to the executive branch

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Override any Supreme Court decision limiting congressional power

Question 3

A government official sues a newspaper for publishing an article about his misconduct. Under First Amendment defamation law, he must prove:

Accepted Answer

That the newspaper published a false statement of fact with actual malice

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That the false statement caused him emotional distress

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That the newspaper had a duty of care and was negligent

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That the publication lowered his reputation in the community

Question 4

Under the Second Amendment as interpreted in District of Columbia v. Heller, the government may NOT:

Accepted Answer

Prohibit law-abiding citizens from keeping operable handguns in their homes for self-defense

Answer

Restrict the sale of automatic weapons to private citizens

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Require background checks before the transfer of firearms

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Ban possession of firearms in sensitive places such as schools

Question 5

The Eighth Amendment's prohibition on cruel and unusual punishment applies to criminal sentences that:

Accepted Answer

Are grossly disproportionate to the severity of the crime

Answer

Involve any physical discomfort or pain during incarceration

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Are longer than the average sentence for similar offenses nationwide

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Were not available as punishments at the time of the Founding

Question 6

Under the procedural due process guarantee of the Fifth and Fourteenth Amendments, what must the government provide before depriving an individual of a protected interest?

Accepted Answer

Notice and an opportunity to be heard appropriate to the nature of the deprivation

Answer

A full trial by jury before any governmental deprivation of property

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Congressional authorization for each specific deprivation

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A written explanation filed in federal court before action is taken

Question 7

Under the Free Exercise Clause, a neutral law of general applicability that burdens religious practice is:

Accepted Answer

Constitutional as long as it is rationally related to a legitimate government interest

Answer

Unconstitutional unless the government shows a compelling interest

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Constitutional only if it was enacted without any knowledge of its effect on religion

Answer

Unconstitutional unless the government provides an exemption for sincere religious objectors