NY Bar Constitutional Law

Question 1

Under the First Amendment, which standard of review applies to a content-neutral law that incidentally restricts speech?

Accepted Answer

Intermediate scrutiny

Answer

Strict scrutiny

Answer

Rational basis

Answer

Per se invalid

Question 2

The Fourteenth Amendment's Due Process Clause prohibits states from depriving persons of life, liberty, or property without due process. Which of the following best describes 'substantive due process'?

Accepted Answer

Protection of fundamental rights from arbitrary government interference

Answer

The right to a fair hearing before government deprivation

Answer

Equal treatment under the law for all persons

Answer

The right to confront accusers in criminal proceedings

Question 3

Under the Commerce Clause, Congress may regulate which of the following activities?

Accepted Answer

Activities that substantially affect interstate commerce

Answer

Purely local activities with no effect on interstate commerce

Answer

Only the physical movement of goods across state lines

Answer

Intrastate activities only when states consent

Question 4

A state law discriminates against out-of-state businesses on its face. Under the dormant Commerce Clause, this law will be:

Accepted Answer

Presumptively invalid and subject to strict scrutiny

Answer

Valid if it serves any legitimate state interest

Answer

Valid because states have broad police powers

Answer

Invalid only if the discrimination is intentional

Question 5

Which doctrine prevents federal courts from adjudicating cases where the plaintiff lacks a personal stake in the outcome?

Accepted Answer

Standing

Answer

Ripeness

Answer

Mootness

Answer

Political question

Question 6

New York State enacts a law requiring all out-of-state milk producers to comply with New York's production standards. This law is most likely:

Accepted Answer

Invalid under the dormant Commerce Clause

Answer

Valid as an exercise of New York's police power

Answer

Valid under the Privileges and Immunities Clause

Answer

Invalid under the Supremacy Clause