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

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:

Accepted Answer

A content-neutral time, place, and manner restriction

Answer

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?

Accepted Answer

Intermediate scrutiny

Answer

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:

Accepted Answer

Government laws respecting an establishment of religion

Answer

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:

Accepted Answer

A per se taking requiring full just compensation

Answer

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.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Constitutional Law