VA Bar Constitutional Law 3

Question 1

Under the Establishment Clause, which test did the Supreme Court apply in Lemon v. Kurtzman (1971)?

Accepted Answer

Three-part Lemon test (secular purpose, neither advances nor inhibits religion, no excessive entanglement)

Answer

The Lemon test requires (1) a secular legislative purpose, (2) a principal effect that neither advances nor inhibits religion, and (3) no excessive government entanglement with religion.

Question 2

The Free Exercise Clause, after Employment Division v. Smith (1990), generally requires that to survive a free exercise challenge, a neutral, generally applicable law need only satisfy:

Accepted Answer

Rational basis review

Answer

Under Smith, a neutral, generally applicable law that incidentally burdens religious practice need only satisfy rational basis and does not violate the Free Exercise Clause.

Question 3

The doctrine of unconstitutional conditions holds that the government may not condition a benefit on:

Accepted Answer

The recipient's waiver of a constitutionally protected right

Answer

The unconstitutional conditions doctrine prohibits the government from conditioning receipt of a benefit on the surrender of a constitutional right it could not directly command the person to forfeit.

Question 4

Under the Fourth Amendment, which of the following does NOT require a warrant based on current doctrine?

Accepted Answer

Conducting a warrantless search of open fields beyond the curtilage

Answer

Under the open fields doctrine (Oliver v. United States), open fields beyond the curtilage of the home have no reasonable expectation of privacy and thus are not protected by the Fourth Amendment.

Question 5

When may the President constitutionally exercise inherent executive power to act without Congressional authorization or against Congressional will, according to Youngstown Sheet & Tube Co. v. Sawyer?

Accepted Answer

Only in the lowest zone of presidential power, where the action is clearly within exclusive executive authority

Answer

Under Justice Jackson's Youngstown concurrence, presidential power is at its lowest ebb when acting against Congressional will, and the President can only prevail if the action falls within his exclusive constitutional authority.

(VA Bar) Virginia Bar Exam Practice Test

(VA Bar) Virginia Bar Exam Practice Test

VA Bar Constitutional Law 3