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

After the Slaughterhouse Cases, the Privileges or Immunities Clause was narrowly interpreted to protect only rights of national citizenship, such as traveling to the seat of government.

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

A 30-day advance permit requirement for demonstrations is likely an unconstitutional prior restraint because it prevents spontaneous response to newsworthy events.

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

Modern non-delegation doctrine is lenient; broad delegations like 'public interest' have been upheld because courts find an intelligible principle even in vague standards.

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

Under Employment Division v. Smith, generally applicable, neutral laws that incidentally burden religion are constitutional; only laws targeting religion require strict scrutiny.

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

The political question doctrine holds that certain issues—like the conduct of foreign affairs or the guarantee of a republican form of government—are committed to the political branches and cannot be reviewed by courts.

NY Bar - New York Bar Exam Practice Test

NY Bar - New York Bar Exam Practice Test

NY Bar Constitutional Law 3