TX Bar Constitutional Law 2

Question 1

Under substantive due process, which standard of review applies to economic regulations that do not affect fundamental rights?

Accepted Answer

Rational basis review

Answer

Economic regulations that do not burden fundamental rights or suspect classes are reviewed under rational basis, meaning they must be rationally related to a legitimate government interest.

Question 2

The Supreme Court held in Obergefell v. Hodges that the right to marry is a fundamental right under the Fourteenth Amendment. This holding was based on:

Accepted Answer

Both the Due Process and Equal Protection Clauses

Answer

Obergefell rested on both the Due Process Clause (fundamental right to marry) and the Equal Protection Clause (prohibition on unequal treatment of same-sex couples).

Question 3

Which clause prohibits states from denying 'any person within its jurisdiction the equal protection of the laws'?

Accepted Answer

The Equal Protection Clause of the Fourteenth Amendment

Answer

The Equal Protection Clause of the Fourteenth Amendment expressly limits state action to ensure all persons are treated equally under state law.

Question 4

Procedural due process requires the government to provide notice and a hearing before depriving someone of a protected interest. Which case established a balancing test to determine what process is due?

Accepted Answer

Mathews v. Eldridge

Answer

Mathews v. Eldridge established a three-factor balancing test: the private interest at stake, the risk of erroneous deprivation and value of additional safeguards, and the government's interest.

Question 5

Under equal protection doctrine, a law classifying individuals based on race receives:

Accepted Answer

Strict scrutiny because race is a suspect classification

Answer

Racial classifications are subject to strict scrutiny—the government must prove the law is narrowly tailored to serve a compelling government interest.

(TX Bar) Texas Bar Exam Practice Test

(TX Bar) Texas Bar Exam Practice Test

TX Bar Constitutional Law 2