UT Bar Constitutional Law 3

Question 1

After McDonald v. City of Chicago, the Second Amendment right to keep arms for self-defense:

Accepted Answer

Is incorporated against the states through the Fourteenth Amendment

Answer

Applies only at the federal level and not against state governments

Answer

Is limited to members of organized and regulated militia groups

Answer

Permits no regulation of firearms by any level of government

Question 2

The Eleventh Amendment's sovereign immunity doctrine primarily bars:

Accepted Answer

Suits by citizens of other states or foreign citizens against a state in federal court without its consent

Answer

All lawsuits against state governments in any court

Answer

Suits by a state's own citizens against that state in federal court without consent

Answer

Federal courts from reviewing state court constitutional decisions

Question 3

The 'state action' doctrine requires that for the Constitution to apply:

Accepted Answer

A government entity or private party acting under color of state law must be responsible

Answer

The conduct must occur in a public place or government-owned building

Answer

The affected party must be a United States citizen or lawful permanent resident

Answer

The dispute must involve a constitutional right expressly listed in the Bill of Rights

Question 4

The Contracts Clause in Article I, Section 10 prohibits states from:

Accepted Answer

Substantially impairing existing private contractual obligations

Answer

Entering into any contract that binds future legislatures

Answer

Enforcing contracts that violate current public policy

Answer

Passing any law that regulates the formation of new contracts

Question 5

The 'void for vagueness' doctrine requires criminal statutes to:

Accepted Answer

Give fair notice of prohibited conduct and prevent arbitrary enforcement

Answer

Use technical legal terminology familiar to trained lawyers

Answer

Include an explicit mens rea element for every element of the offense

Answer

Define all terms used within the body of the statute

Question 6

When applying independent state constitutional grounds, Utah courts:

Accepted Answer

May provide greater protections under the Utah Constitution than federal courts provide under the U.S. Constitution

Answer

Must follow federal constitutional interpretations as a mandatory floor and may not go lower

Answer

Must certify state constitutional questions to the U.S. Supreme Court for authoritative resolution

Answer

Are bound by federal constitutional standards and cannot independently interpret state provisions

Question 7

Substantive due process under the Fourteenth Amendment protects 'fundamental rights' by requiring:

Accepted Answer

Strict scrutiny for government interference with fundamental rights

Answer

Rational basis review for any law restricting recognized liberty interests

Answer

Intermediate scrutiny for economic regulations affecting individual liberty

Answer

Reasonableness review for all substantive due process claims