HI Bar - Hawaii Bar Constitutional Law Principles Questions and Answers

Question 1

The Hawaii state legislature enacts a statute that imposes a 20% excise tax on all liquor sold at wholesale. However, the statute exempts okolehao, a brandy distilled from the indigenous ti plant root, and pineapple wine, both of which are produced exclusively in Hawaii. A mainland U.S. liquor wholesaler challenges the statute in court. Which constitutional principle is the most likely basis for striking down this statute?

Accepted Answer

The Dormant Commerce Clause

Answer

The correct answer is the Dormant Commerce Clause. This legal doctrine prohibits states from passing legislation that discriminates against or excessively burdens interstate commerce. By exempting locally produced liquors, the Hawaii statute gives a direct commercial advantage to local businesses, which is a classic violation of the Dormant Commerce Clause. The Supreme Court case Bacchus Imports, Ltd. v. Dias, 468 U.S. 263 (1984), invalidated a similar Hawaiian tax scheme on these grounds.

Question 2

The Hawaii Constitution, Article I, Section 6, provides a right to privacy that is more explicit than the right to privacy found in the U.S. Constitution. This section states: 'The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest.' A state law is passed requiring all internet service providers to retain user data for two years and provide it to law enforcement without a warrant. Under the Hawaii Constitution, what is the most likely outcome of a legal challenge to this law?

Accepted Answer

The law will be struck down because it is not the least restrictive means of achieving the state's interest.

Answer

The law will likely be struck down. The Hawaii Constitution provides an explicit right to privacy and requires the government to show a 'compelling state interest' to infringe upon it. This is a strict scrutiny standard. Even if crime prevention is a compelling interest, the government must also show that the law is narrowly tailored and the least restrictive means to achieve that interest. A blanket data retention law that allows warrantless access is unlikely to be considered the least restrictive means, thus violating the state's heightened privacy protections.

Question 3

A private university in Honolulu, which receives no state or federal funding, implements a new policy prohibiting all student protests on campus grounds to maintain order. A student group, dedicated to environmental advocacy, is prevented from holding a peaceful demonstration and sues the university, alleging a violation of their right to free speech under the Hawaii Constitution. What is the university's strongest defense?

Accepted Answer

The policy is a reasonable time, place, and manner restriction.

Answer

The university's strongest defense is the absence of 'state action'. Constitutional protections for individual rights, such as freedom of speech, generally apply only to government entities, not private actors. Since the university is a private institution that receives no government funding, its actions do not constitute state action, and it is therefore not bound by the free speech clauses of the U.S. or Hawaii Constitutions. While Hawaii courts have sometimes interpreted state action more broadly than federal courts, a wholly private university's regulation of its own property is unlikely to be deemed state action.

Question 4

Which of the following best describes the principle of separation of powers as implied in the Hawaii Constitution?

Accepted Answer

The vesting of legislative, executive, and judicial powers in three distinct and co-equal branches of government to create a system of checks and balances.

Answer

The Hawaii Constitution, much like the U.S. Constitution, implies a separation of powers by vesting the core functions of government into three distinct branches: the legislative (Article III), the executive (Article V), and the judicial (Article VI). The doctrine is not about a strict, hermetic seal between branches but about creating a system of checks and balances to prevent the concentration of arbitrary power and ensure democratic governance.

Question 5

The Hawaii legislature passes a law requiring all individuals wishing to obtain a commercial driver's license to have been a resident of Hawaii for at least one year. An experienced truck driver, who recently moved to Hawaii from California for a job, is denied a license solely based on this residency requirement. He sues the state. Which constitutional provision is the state's law most likely to violate?

Accepted Answer

The Privileges and Immunities Clause of Article IV

Answer

The law most likely violates the Privileges and Immunities Clause of Article IV, which prevents states from discriminating against out-of-state citizens with respect to fundamental rights, including the pursuit of a common calling or livelihood. While not all distinctions based on residency are unconstitutional, a one-year waiting period to obtain a commercial license, which is essential for employment, places a significant burden on a new resident's fundamental right to earn a living and is unlikely to be justified by a substantial state interest.

HI Bar - Hawaii Bar Exam Practice Test

HI Bar - Hawaii Bar Exam Practice Test

HI Bar - Hawaii Bar Constitutional Law Principles Questions and Answers