VA Bar Constitutional Law 2 — Questions and Answers
Question 1: Under the Dormant Commerce Clause, a state law that facially discriminates against interstate commerce is subject to what level of scrutiny?
- Rational basis review
- Intermediate scrutiny
- Strict scrutiny — virtually per se invalid (Correct answer)
- Balancing test only
Correct answer: Strict scrutiny — virtually per se invalid
Facially discriminatory state laws that burden interstate commerce are subject to strict scrutiny and are virtually per se invalid unless the state has no other means to advance a legitimate local interest.
Question 2: Which doctrine allows Congress to consent to state laws that would otherwise violate the Dormant Commerce Clause?
- Preemption
- Congressional authorization/consent (Correct answer)
- Compact Clause
- Spending Clause waiver
Correct answer: Congressional authorization/consent
Congress may consent to otherwise-invalid state regulations of interstate commerce, effectively removing the dormant Commerce Clause barrier.
Question 3: The Contract Clause of Article I, Section 10 prohibits states from passing laws that impair the obligation of contracts. This prohibition applies to:
- Both state and federal government contracts equally
- Only private contracts, not government contracts
- Both private and public contracts, with stricter scrutiny for public contracts (Correct answer)
- Only future contracts, not existing ones
Correct answer: Both private and public contracts, with stricter scrutiny for public contracts
The Contract Clause applies to both private and public (government) contracts, but courts apply stricter scrutiny when the state impairs its own contractual obligations.
Question 4: Under the Takings Clause, which of the following is a per se regulatory taking requiring just compensation?
- A regulation that reduces property value by 30%
- A permanent physical occupation of private property by the government (Correct answer)
- A temporary restriction on land use during an emergency
- Zoning that prevents one of many permitted uses
Correct answer: A permanent physical occupation of private property by the government
Under Loretto v. Teleprompter Manhattan CATV Corp., a permanent physical occupation of property by the government constitutes a per se taking requiring just compensation regardless of the public benefit.
Question 5: The Privileges or Immunities Clause of the Fourteenth Amendment, after the Slaughterhouse Cases, protects:
- All fundamental rights against state interference
- Only rights of national citizenship, such as interstate travel and access to federal offices (Correct answer)
- The same rights as the Privileges and Immunities Clause of Article IV
- All rights enumerated in the Bill of Rights
Correct answer: Only rights of national citizenship, such as interstate travel and access to federal offices
The Slaughterhouse Cases (1873) narrowly interpreted the Privileges or Immunities Clause to protect only rights of national (not state) citizenship, largely gutting the Clause.
Question 6: Which standard applies when the government classifies on the basis of sex under the Equal Protection Clause?
- Rational basis review
- Intermediate scrutiny — substantially related to an important government interest (Correct answer)
- Strict scrutiny — necessary to achieve a compelling interest
- Per se unconstitutional
Correct answer: Intermediate scrutiny — substantially related to an important government interest
Sex-based classifications are subject to intermediate scrutiny: the government must show the classification is substantially related to an important government interest.
Question 7: In Shelley v. Kraemer (1948), the Supreme Court found state action where:
- A state legislature enacted a racially restrictive housing ordinance
- State courts enforced racially restrictive private covenants (Correct answer)
- A private homeowners association excluded minority buyers
- A state university segregated its dormitories
Correct answer: State courts enforced racially restrictive private covenants
The Court held that judicial enforcement of private discriminatory covenants constitutes state action, making such enforcement a violation of the Equal Protection Clause.
VA Bar Constitutional Law 2
Under the Dormant Commerce Clause, a state law that facially discriminates against interstate commerce is subject to what level of scrutiny?