SC Bar Constitutional Law 1 — Questions and Answers
Question 1: When a government action burdens a fundamental right under substantive due process, what standard of review applies?
- Rational basis review
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Heightened review
Correct answer: Strict scrutiny
Strict scrutiny applies when fundamental rights or suspect classifications are at issue, requiring the law to be narrowly tailored to serve a compelling government interest.
Question 2: A city ordinance restricts political demonstrations to between 8 AM and 8 PM in public parks. This is best characterized as:
- A content-based restriction subject to strict scrutiny
- A content-neutral time, place, and manner restriction (Correct answer)
- An unconstitutional prior restraint on speech
- A violation of the Equal Protection Clause
Correct answer: A content-neutral time, place, and manner restriction
The ordinance restricts when—not what—speech may occur, making it content-neutral and subject to the more lenient time, place, and manner analysis requiring narrow tailoring to a significant interest.
Question 3: Under the Equal Protection Clause, which level of scrutiny applies to government classifications based on sex?
- Rational basis review
- Strict scrutiny
- Intermediate scrutiny (Correct answer)
- Compelling interest balancing
Correct answer: Intermediate scrutiny
Sex-based classifications receive intermediate scrutiny under United States v. Virginia, requiring the government to show the classification is substantially related to an important government interest.
Question 4: The Establishment Clause of the First Amendment is BEST described as prohibiting:
- All government acknowledgment of religion in any form
- Government laws respecting an establishment of religion (Correct answer)
- Religious groups from receiving any government benefits
- Any prayer in public spaces regardless of who conducts it
Correct answer: Government laws respecting an establishment of religion
The Establishment Clause, in the text of the First Amendment, prohibits Congress from making laws 'respecting an establishment of religion,' which has been interpreted to forbid government endorsement or advancement of religion.
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:
- A regulatory taking subject to the Penn Central balancing test
- A temporary taking requiring no compensation
- A per se taking requiring full just compensation (Correct answer)
- A valid police power exercise requiring no compensation if public health is at stake
Correct answer: A per se taking requiring full just compensation
In Lucas, the Supreme Court held that a regulation eliminating all economic value of property is a categorical (per se) taking requiring just compensation, unless the use was already prohibited by background principles of state property law.
Question 6: Under Employment Division v. Smith, a neutral law of general applicability that incidentally burdens religious practice is subject to:
- Strict scrutiny requiring a compelling government interest
- Intermediate scrutiny requiring a substantial government interest
- Rational basis review (Correct answer)
- The Lemon test for Establishment Clause analysis
Correct answer: Rational basis review
In Smith, the Supreme Court held that neutral, generally applicable laws that incidentally burden religion need only satisfy rational basis review under the Free Exercise Clause.
Question 7: Which of the following classifications triggers strict scrutiny under the Equal Protection Clause?
- Age
- Disability
- Race (Correct answer)
- Wealth or economic status
Correct answer: Race
Race is a classic suspect classification that triggers strict scrutiny under the Equal Protection Clause; age, disability, and wealth are not suspect classifications and receive only rational basis review.
SC Bar Constitutional Law 1
When a government action burdens a fundamental right under substantive due process, what standard of review applies?