OH Bar OH Bar Constitutional Law 1 — Questions and Answers
Question 1: Under the First Amendment, what is the primary test applied to content-neutral restrictions on speech in a public forum?
- Strict scrutiny
- Intermediate scrutiny (time, place, manner) (Correct answer)
- Rational basis
- Undue burden
Correct answer: Intermediate scrutiny (time, place, manner)
Content-neutral regulations of speech in public forums are subject to intermediate scrutiny, requiring the regulation to be narrowly tailored to serve a significant government interest and leave open alternative channels of communication.
Question 2: Which clause of the Fourteenth Amendment prohibits states from denying any person equal protection of the laws?
- Due Process Clause
- Privileges or Immunities Clause
- Equal Protection Clause (Correct answer)
- Commerce Clause
Correct answer: Equal Protection Clause
The Equal Protection Clause of the Fourteenth Amendment forbids states from denying any person within their jurisdiction the equal protection of the laws.
Question 3: Under dormant Commerce Clause doctrine, a state law that facially discriminates against interstate commerce is subject to what level of scrutiny?
- Rational basis review
- Intermediate scrutiny
- Strict scrutiny / near-per-se invalidity (Correct answer)
- Undue burden balancing
Correct answer: Strict scrutiny / near-per-se invalidity
Facially discriminatory state laws that burden interstate commerce are virtually per se invalid unless the state can show no reasonable nondiscriminatory alternatives exist to achieve a legitimate local purpose.
Question 4: In Ohio, the Ohio Supreme Court has held that the Ohio Constitution's search and seizure provisions may provide what level of protection compared to the Fourth Amendment?
- Identical protection only
- Less protection than the federal standard
- Greater protection than the federal standard (Correct answer)
- No independent protection
Correct answer: Greater protection than the federal standard
The Ohio Supreme Court has recognized that Article I, Section 14 of the Ohio Constitution can afford citizens broader protections against unreasonable searches and seizures than the federal Fourth Amendment.
Question 5: The Takings Clause of the Fifth Amendment, made applicable to states through the Fourteenth Amendment, requires what when government takes private property for public use?
- Legislative approval only
- Just compensation (Correct answer)
- Proof of public necessity
- Return of the property within five years
Correct answer: Just compensation
The Takings Clause mandates that government pay just compensation whenever it appropriates private property for public use, whether through physical occupation or a regulatory taking that deprives the owner of all economic value.
Question 6: Which constitutional doctrine limits federal courts to deciding only actual 'cases or controversies,' requiring parties to have standing?
- Political Question Doctrine
- Abstention Doctrine
- Article III Justiciability (Correct answer)
- Preemption Doctrine
Correct answer: Article III Justiciability
Article III of the Constitution restricts federal judicial power to actual cases or controversies, meaning a plaintiff must demonstrate injury in fact, causation, and redressability to have standing to sue.
OH Bar OH Bar Constitutional Law 1
Under the First Amendment, what is the primary test applied to content-neutral restrictions on speech in a public forum?