NY Bar Constitutional Law 2 — Questions and Answers
Question 1: The Equal Protection Clause requires strict scrutiny when a law classifies persons based on:
- Age
- Wealth
- Race or national origin (Correct answer)
- Residency duration
Correct answer: Race or national origin
Race and national origin are suspect classifications that trigger strict scrutiny, requiring the government to show a compelling interest and narrow tailoring.
Question 2: Under the Establishment Clause, a government action is most likely constitutional if it:
- Primarily advances religion
- Has a secular purpose and neither advances nor inhibits religion (Correct answer)
- Applies only to majority religions
- Is approved by a legislative majority
Correct answer: Has a secular purpose and neither advances nor inhibits religion
Government action satisfies the Establishment Clause when it has a secular purpose, neither primarily advances nor inhibits religion, and avoids excessive entanglement.
Question 3: When the President exercises the power of executive privilege, the Supreme Court has held that this privilege:
- Is absolute and cannot be overcome by any competing interest
- Is qualified and can be overcome by a demonstrated specific need (Correct answer)
- Does not exist in the Constitution
- Applies only to military secrets
Correct answer: Is qualified and can be overcome by a demonstrated specific need
In United States v. Nixon, the Court recognized executive privilege as qualified, meaning it can be overcome by a demonstrated, specific need for evidence in a criminal proceeding.
Question 4: The Takings Clause of the Fifth Amendment, applied to the states through the Fourteenth Amendment, requires just compensation when:
- The government regulates property in any way
- The government physically invades or effectively destroys all economic value of property (Correct answer)
- A regulation reduces the value of property
- The government taxes property owners
Correct answer: The government physically invades or effectively destroys all economic value of property
A taking requiring just compensation occurs when the government physically invades property or a regulation denies the owner all economically beneficial use.
Question 5: Under the Second Amendment as interpreted in Heller, the right to keep and bear arms:
- Applies only to state militias
- Protects an individual right to possess firearms for self-defense in the home (Correct answer)
- Is absolute and permits no regulation
- Only protects military-style weapons
Correct answer: Protects an individual right to possess firearms for self-defense in the home
In District of Columbia v. Heller, the Supreme Court held the Second Amendment protects an individual right to possess firearms for lawful purposes such as self-defense in the home.
Question 6: Which level of scrutiny applies to gender-based classifications under the Equal Protection Clause?
- Strict scrutiny
- Intermediate scrutiny (Correct answer)
- Rational basis review
- Heightened strict scrutiny
Correct answer: Intermediate scrutiny
Gender classifications are subject to intermediate scrutiny, requiring the government to show the law is substantially related to an important government interest.
NY Bar Constitutional Law 2
The Equal Protection Clause requires strict scrutiny when a law classifies persons based on: