NYLE Constitutional Law 2

Question 1

A content-based restriction on speech in a traditional public forum must survive:

Accepted Answer

Strict scrutiny — narrowly tailored to serve a compelling government interest

Answer

Intermediate scrutiny — substantially related to an important government interest

Answer

Rational basis review — rationally related to a legitimate government interest

Answer

Compelling interest balancing — weighing speech harm against government benefit

Question 2

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

Accepted Answer

Endorses or coerces participation in religious activity

Answer

Provides neutral benefits that happen to flow to religious organizations

Answer

Allows religious speech in public forums open to all private speakers

Answer

Permits employees to take religious holidays under general leave policies

Question 3

Under the Fourth Amendment, a warrantless search of the curtilage of a home is generally:

Accepted Answer

Presumptively unconstitutional unless a recognized exception applies

Answer

Permissible because the curtilage is outside the home

Answer

Permissible when officers have reasonable articulable suspicion

Answer

Unreviewable if the information gathered is later corroborated

Question 4

The Fifth Amendment privilege against self-incrimination protects against compelled disclosure of:

Accepted Answer

Testimonial or communicative evidence only

Answer

Any evidence, including physical samples such as blood or DNA

Answer

Statements made voluntarily to law enforcement

Answer

Documents prepared by a defendant that are responsive to a subpoena

Question 5

Under the Sixth Amendment, the right to counsel attaches at:

Accepted Answer

The initiation of formal adversarial judicial proceedings

Answer

The moment a person becomes the focus of a criminal investigation

Answer

The point at which police take a suspect into custody

Answer

Arrest, regardless of whether charges have been filed

Question 6

The Eighth Amendment prohibits the imposition of the death penalty for:

Accepted Answer

Crimes committed by defendants who were under 18 at the time of the offense

Answer

All first-degree murder convictions absent a finding of special circumstances

Answer

Any crime in which the victim survives the offense

Answer

Crimes committed by defendants with an IQ below 80

Question 7

Substantive due process protects against government interference with fundamental rights by requiring:

Accepted Answer

Strict scrutiny — a compelling interest and narrow tailoring

Answer

Rational basis review — any legitimate government purpose

Answer

Intermediate scrutiny — an important interest and substantial relation

Answer

A balancing test weighing the government interest against the right burdened