NY Bar Constitutional Law 2

Question 1

The Equal Protection Clause requires strict scrutiny when a law classifies persons based on:

Accepted Answer

Race or national origin

Answer

Age

Answer

Wealth

Answer

Residency duration

Question 2

Under the Establishment Clause, a government action is most likely constitutional if it:

Accepted Answer

Has a secular purpose and neither advances nor inhibits religion

Answer

Primarily advances religion

Answer

Applies only to majority religions

Answer

Is approved by a legislative majority

Question 3

When the President exercises the power of executive privilege, the Supreme Court has held that this privilege:

Accepted Answer

Is qualified and can be overcome by a demonstrated specific need

Answer

Is absolute and cannot be overcome by any competing interest

Answer

Does not exist in the Constitution

Answer

Applies only to military secrets

Question 4

The Takings Clause of the Fifth Amendment, applied to the states through the Fourteenth Amendment, requires just compensation when:

Accepted Answer

The government physically invades or effectively destroys all economic value of property

Answer

The government regulates property in any way

Answer

A regulation reduces the value of property

Answer

The government taxes property owners

Question 5

Under the Second Amendment as interpreted in Heller, the right to keep and bear arms:

Accepted Answer

Protects an individual right to possess firearms for self-defense in the home

Answer

Applies only to state militias

Answer

Is absolute and permits no regulation

Answer

Only protects military-style weapons

Question 6

Which level of scrutiny applies to gender-based classifications under the Equal Protection Clause?

Accepted Answer

Intermediate scrutiny

Answer

Strict scrutiny

Answer

Rational basis review

Answer

Heightened strict scrutiny