VA Bar Constitutional Law 2

Question 1

Under the Dormant Commerce Clause, a state law that facially discriminates against interstate commerce is subject to what level of scrutiny?

Accepted Answer

Strict scrutiny — virtually per se invalid

Answer

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?

Accepted Answer

Congressional authorization/consent

Answer

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:

Accepted Answer

Both private and public contracts, with stricter scrutiny for public contracts

Answer

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?

Accepted Answer

A permanent physical occupation of private property by the government

Answer

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:

Accepted Answer

Only rights of national citizenship, such as interstate travel and access to federal offices

Answer

The Slaughterhouse Cases (1873) narrowly interpreted the Privileges or Immunities Clause to protect only rights of national (not state) citizenship, largely gutting the Clause.

(VA Bar) Virginia Bar Exam Practice Test

(VA Bar) Virginia Bar Exam Practice Test

VA Bar Constitutional Law 2