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

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:

Accepted Answer

Has a secular purpose and neither advances nor inhibits religion

Answer

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:

Accepted Answer

Is qualified and can be overcome by a demonstrated specific need

Answer

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:

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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.

NY Bar - New York Bar Exam Practice Test

NY Bar - New York Bar Exam Practice Test

NY Bar Constitutional Law 2