NJ Bar Constitutional Law 1 — Questions and Answers
Question 1: Under the Due Process Clause of the Fourteenth Amendment, which standard of review applies to laws burdening fundamental rights?
- Rational basis
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Balancing test
Correct answer: Strict scrutiny
Laws that burden fundamental rights are subject to strict scrutiny, requiring a compelling government interest and narrow tailoring.
Question 2: The Commerce Clause grants Congress the power to regulate which of the following?
- Purely intrastate non-economic activity
- Commerce with foreign nations and among states (Correct answer)
- State criminal law exclusively
- Local zoning ordinances
Correct answer: Commerce with foreign nations and among states
Article I, Section 8 gives Congress power to regulate commerce with foreign nations, among states, and with Indian tribes.
Question 3: Which doctrine prevents federal courts from hearing cases where the dispute has already been fully resolved before judgment?
- Standing
- Mootness (Correct answer)
- Ripeness
- Political question
Correct answer: Mootness
Mootness requires that a live controversy exist throughout litigation; if the dispute resolves, the case is dismissed.
Question 4: Under the Establishment Clause, which test historically evaluated whether a law had a secular purpose and did not primarily advance religion?
- Lemon test (Correct answer)
- Endorsement test
- Coercion test
- Balancing test
Correct answer: Lemon test
The Lemon test, from Lemon v. Kurtzman, required secular purpose, no primary religious effect, and no excessive entanglement.
Question 5: The Equal Protection Clause of the Fourteenth Amendment prohibits states from denying equal protection of the laws to which persons?
- Only citizens
- Only residents
- Any person within its jurisdiction (Correct answer)
- Only registered voters
Correct answer: Any person within its jurisdiction
The Equal Protection Clause protects any person within a state's jurisdiction, covering citizens and non-citizens alike.
Question 6: Which constitutional provision prohibits states from impairing the obligation of contracts?
- Supremacy Clause
- Contracts Clause (Correct answer)
- Due Process Clause
- Privileges and Immunities Clause
Correct answer: Contracts Clause
Article I, Section 10 contains the Contracts Clause, barring states from passing laws that impair existing contractual obligations.
NJ Bar Constitutional Law 1
Under the Due Process Clause of the Fourteenth Amendment, which standard of review applies to laws burdening fundamental rights?