NYLE Constitutional Law 3

Question 1

The constitutional right to privacy, as recognized in Griswold v. Connecticut, is derived from:

Accepted Answer

Penumbras and emanations of specific Bill of Rights guarantees

Answer

The Ninth Amendment standing alone

Answer

The inherent natural law tradition incorporated at the Founding

Answer

The Fourteenth Amendment's Privileges or Immunities Clause

Question 2

Strict scrutiny under the Equal Protection Clause is triggered by a classification based on:

Accepted Answer

Race, national origin, or alienage (with limited exceptions)

Answer

Age, disability, or socioeconomic status

Answer

Gender or illegitimacy

Answer

Any classification singling out an identifiable group

Question 3

Intermediate scrutiny under the Equal Protection Clause requires that the government show its classification is:

Accepted Answer

Substantially related to an important government interest

Answer

Rationally related to a legitimate government interest

Answer

Narrowly tailored to a compelling government interest

Answer

Reasonably necessary to achieve any valid government goal

Question 4

Under the void-for-vagueness doctrine, a criminal statute is unconstitutional if it:

Accepted Answer

Fails to give persons fair notice of the prohibited conduct or invites arbitrary enforcement

Answer

Covers conduct that could also be subject to civil regulatory action

Answer

Does not specify the mens rea required for each element of the offense

Answer

Was enacted without public comment or legislative findings

Question 5

The state action doctrine provides that the Fourteenth Amendment's Equal Protection and Due Process Clauses apply only to:

Accepted Answer

Actions by state or local governments, not private actors

Answer

Actions by any entity receiving federal funding

Answer

Actions by private actors performing a traditional government function or acting at state direction

Answer

Actions by state governments and federally regulated industries

Question 6

Under the Dormant Commerce Clause, a state law that discriminates against out-of-state commerce on its face is:

Accepted Answer

Per se invalid unless the state shows no non-discriminatory alternative exists

Answer

Subject only to a Pike balancing test weighing burdens against local benefits

Answer

Upheld if the state can demonstrate a legitimate health or safety purpose

Answer

Valid because states retain broad police powers to protect their residents

Question 7

Under Justice Jackson's framework in Youngstown Sheet & Tube Co. v. Sawyer, the President's power is at its lowest when:

Accepted Answer

The President acts contrary to the expressed or implied will of Congress

Answer

The President acts without any congressional authorization or prohibition

Answer

The President acts pursuant to an express authorization from Congress

Answer

The President acts to protect national security during a declared war