OH Bar OH Bar Constitutional Law 2 — Questions and Answers
Question 1: Under substantive due process, what level of scrutiny applies to government interference with a fundamental right?
- Rational basis
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Deferential review
Correct answer: Strict scrutiny
When a law burdens a fundamental right—such as voting, travel, or privacy interests—courts apply strict scrutiny, requiring the law to be narrowly tailored to achieve a compelling government interest.
Question 2: The Establishment Clause of the First Amendment prohibits government from doing which of the following?
- Funding any religious institution under any circumstances
- Making laws respecting an establishment of religion (Correct answer)
- Preventing religious groups from participating in public life
- Requiring clergy to obtain a government license
Correct answer: Making laws respecting an establishment of religion
The Establishment Clause prohibits Congress (and through incorporation, the states) from making any law respecting an establishment of religion, preventing government from officially endorsing or coercing religious belief.
Question 3: Which constitutional amendment prohibits the federal government from depriving any person of life, liberty, or property without due process of law?
- First Amendment
- Fifth Amendment (Correct answer)
- Tenth Amendment
- Fourteenth Amendment
Correct answer: Fifth Amendment
The Fifth Amendment's Due Process Clause restricts the federal government's ability to deprive individuals of life, liberty, or property without procedural and substantive due process.
Question 4: The 'overbreadth' doctrine in First Amendment law allows a party to challenge a statute as unconstitutional even if their own conduct could be regulated, because:
- The statute is too vague to understand
- The statute substantially chills protected speech of third parties (Correct answer)
- The government failed to hold a public hearing before enacting the law
- The statute was passed without a compelling interest
Correct answer: The statute substantially chills protected speech of third parties
Overbreadth doctrine permits a facial challenge when a law sweeps so broadly that it chills a substantial amount of protected speech, even if the challenger's specific conduct could constitutionally be prohibited.
Question 5: Under the Supremacy Clause, when does federal law preempt state law?
- Only when Congress expressly states its intent to preempt
- When federal law conflicts with state law, Congress occupies the field, or compliance with both is impossible (Correct answer)
- Only when the President signs an executive order preempting state law
- Whenever a state law is more restrictive than federal law
Correct answer: When federal law conflicts with state law, Congress occupies the field, or compliance with both is impossible
Preemption occurs through express preemption, field preemption (Congress occupies the entire regulatory field), or conflict preemption (it is impossible to comply with both or the state law obstructs federal purposes).
Question 6: Ohio's Constitution vests the judicial power in a unified court system headed by which court?
- Ohio Court of Appeals
- Ohio Court of Common Pleas
- Ohio Supreme Court (Correct answer)
- Ohio Municipal Court
Correct answer: Ohio Supreme Court
Article IV of the Ohio Constitution establishes the Ohio Supreme Court as the highest court in the state's unified court system, with general superintendence over all courts of the state.
OH Bar OH Bar Constitutional Law 2
Under substantive due process, what level of scrutiny applies to government interference with a fundamental right?