NY Bar Constitutional Law 3

Question 1

The Privileges or Immunities Clause of the Fourteenth Amendment protects privileges and immunities of:

Accepted Answer

National citizenship

Answer

State citizenship

Answer

Permanent resident aliens

Answer

All persons within a state's jurisdiction

Question 2

A state law requires all political demonstrations to obtain a permit 30 days in advance. This law is most likely:

Accepted Answer

Invalid as a prior restraint on speech

Answer

Valid as a reasonable time, place, and manner restriction

Answer

Valid under rational basis review

Answer

Invalid as content-based discrimination

Question 3

Congress delegates to an executive agency broad authority to regulate 'in the public interest.' Under the non-delegation doctrine, this grant of authority is most likely:

Accepted Answer

Constitutional if the agency acts consistently with the public interest

Answer

Unconstitutional because it lacks an intelligible principle

Answer

Constitutional because Congress has inherent authority to delegate

Answer

Unconstitutional because agencies cannot make law

Question 4

The Free Exercise Clause of the First Amendment protects against:

Accepted Answer

Government laws that target religion or are not neutral and generally applicable

Answer

Any government regulation that incidentally burdens religious practice

Answer

All burdens on religious conduct regardless of government intent

Answer

Only direct prohibitions on worship

Question 5

Which of the following best describes the political question doctrine?

Accepted Answer

Certain questions are committed to other branches by the Constitution and are non-justiciable

Answer

Courts will not hear cases involving politically unpopular laws

Answer

Courts apply rational basis review to all political questions

Answer

Congress may remove any question from judicial review by statute

Question 6

A city ordinance bans all signs within 500 feet of abortion clinics. This ordinance is most likely:

Accepted Answer

Unconstitutional as a content-based restriction on speech

Answer

Constitutional as a reasonable buffer zone

Answer

Constitutional under intermediate scrutiny

Answer

Unconstitutional only as applied to protesters