SC Bar Constitutional Law

Question 1

When a government action burdens a fundamental right under substantive due process, what standard of review applies?

Accepted Answer

Strict scrutiny

Answer

Rational basis review

Answer

Intermediate scrutiny

Answer

Heightened review

Question 2

A city ordinance restricts political demonstrations to between 8 AM and 8 PM in public parks. This is best characterized as:

Accepted Answer

A content-neutral time, place, and manner restriction

Answer

A content-based restriction subject to strict scrutiny

Answer

An unconstitutional prior restraint on speech

Answer

A violation of the Equal Protection Clause

Question 3

Under the Equal Protection Clause, which level of scrutiny applies to government classifications based on sex?

Accepted Answer

Intermediate scrutiny

Answer

Rational basis review

Answer

Strict scrutiny

Answer

Compelling interest balancing

Question 4

The Establishment Clause of the First Amendment is BEST described as prohibiting:

Accepted Answer

Government laws respecting an establishment of religion

Answer

All government acknowledgment of religion in any form

Answer

Religious groups from receiving any government benefits

Answer

Any prayer in public spaces regardless of who conducts it

Question 5

Under Lucas v. South Carolina Coastal Council, a regulation that deprives a property owner of ALL economically beneficial use of her land constitutes:

Accepted Answer

A per se taking requiring full just compensation

Answer

A regulatory taking subject to the Penn Central balancing test

Answer

A temporary taking requiring no compensation

Answer

A valid police power exercise requiring no compensation if public health is at stake

Question 6

Under Employment Division v. Smith, a neutral law of general applicability that incidentally burdens religious practice is subject to:

Accepted Answer

Rational basis review

Answer

Strict scrutiny requiring a compelling government interest

Answer

Intermediate scrutiny requiring a substantial government interest

Answer

The Lemon test for Establishment Clause analysis

Question 7

Which of the following classifications triggers strict scrutiny under the Equal Protection Clause?

Accepted Answer

Race

Answer

Age

Answer

Disability

Answer

Wealth or economic status