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

Under the Commerce Clause as interpreted in cases like Lopez and Morrison, Congress may regulate activities that substantially affect interstate commerce, even if the activity is local.

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

Racial classifications trigger strict scrutiny under the Equal Protection Clause, requiring the government to prove a compelling interest achieved through narrowly tailored means.

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

A total ban on leafletting in a traditional public forum fails the time, place, and manner test because it does not leave open adequate alternative channels of communication.

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

Article VI's Supremacy Clause makes federal law the 'supreme Law of the Land,' preempting conflicting state law whether expressly or by implication.

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 incident to a lawful arrest is a recognized exception to the warrant requirement, allowing police to search the arrestee's person and area within immediate control.

NH Bar - New Hampshire Bar Exam Practice Test

NH Bar - New Hampshire Bar Exam Practice Test

NH Bar Constitutional Law