NYLE Constitutional Law 4

Question 1

Under Boreali v. Axelrod, which factor most strongly suggests a New York administrative agency has usurped legislative power when adopting a regulation?

Accepted Answer

The agency balanced competing economic and social concerns based on its own policy choices without legislative guidance

Answer

Boreali holds an agency crosses the separation-of-powers line when it makes value-laden policy tradeoffs the Legislature has not authorized.

Question 2

Under Article V, §7 of the New York Constitution, membership in a state or local public pension system is treated as:

Accepted Answer

A contractual relationship whose benefits may not be diminished or impaired

Answer

The pension non-impairment clause makes membership a contractual relationship, so benefits cannot be diminished or impaired.

Question 3

How may an amendment to the New York Constitution be proposed by the Legislature and adopted?

Accepted Answer

Passed by two successively elected Legislatures, then approved by a majority of voters

Answer

Article XIX requires passage by two successive, separately elected Legislatures followed by voter approval.

Question 4

In Campaign for Fiscal Equity v. State, the Court of Appeals interpreted the Education Article (Art. XI, §1) to guarantee:

Accepted Answer

The opportunity for a sound basic education

Answer

CFE held the Education Article guarantees children the opportunity for a sound basic education, not equal funding.

Question 5

Under Article I, §6 of the New York Constitution, a defendant may waive indictment by a grand jury EXCEPT when:

Accepted Answer

The charged offense is punishable by death or life imprisonment

Answer

Waiver of indictment, with the DA's consent, is permitted unless the offense is punishable by death or life imprisonment.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Constitutional Law 4