UT Bar Constitutional Law

Question 1

What standard of review applies to content-based restrictions on speech under the First Amendment?

Accepted Answer

Strict scrutiny

Answer

Rational basis review

Answer

Intermediate scrutiny

Answer

Reasonableness review

Question 2

Under Mathews v. Eldridge, which factors determine how much procedural due process is required before a government deprivation?

Accepted Answer

Private interest, risk of erroneous deprivation, and government's interest

Answer

Severity of penalty, nature of the right, and public benefit

Answer

Historical practice, government purpose, and individual harm

Answer

Statutory authority, regulatory necessity, and public convenience

Question 3

Which level of scrutiny applies to gender-based classifications under the Equal Protection Clause?

Accepted Answer

Intermediate scrutiny

Answer

Rational basis

Answer

Strict scrutiny

Answer

Compelling interest test

Question 4

Under Brandenburg v. Ohio, the government may constitutionally punish speech when it is:

Accepted Answer

Directed to inciting imminent lawless action and likely to produce such action

Answer

Offensive to community standards of decency

Answer

Likely to cause general public disorder

Answer

Critical of government officials and damaging to their reputations

Question 5

The Establishment Clause prohibits government from:

Accepted Answer

Making any law respecting an establishment of religion

Answer

Limiting religious expression in public forums

Answer

Requiring permits for religious gatherings on public property

Answer

Regulating the internal affairs of churches

Question 6

Under Employment Division v. Smith, a neutral, generally applicable law that incidentally burdens religious practice:

Accepted Answer

Is generally constitutional without heightened justification

Answer

Is always unconstitutional under the Free Exercise Clause

Answer

Must satisfy intermediate scrutiny to be upheld

Answer

Must be supported by a compelling government interest

Question 7

Under the Takings Clause, when the government physically invades private property, even minimally, what result follows?

Accepted Answer

A per se taking occurs requiring just compensation

Answer

Compensation is required only if the invasion is permanent

Answer

The invasion must satisfy intermediate scrutiny before proceeding

Answer

No compensation is required for minor or temporary invasions