NJ Bar Constitutional Law 1

Question 1

Under the Due Process Clause of the Fourteenth Amendment, which standard of review applies to laws burdening fundamental rights?

Accepted Answer

Strict scrutiny

Answer

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?

Accepted Answer

Commerce with foreign nations and among states

Answer

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?

Accepted Answer

Mootness

Answer

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?

Accepted Answer

Lemon test

Answer

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?

Accepted Answer

Any person within its jurisdiction

Answer

The Equal Protection Clause protects any person within a state's jurisdiction, covering citizens and non-citizens alike.

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