VT Bar VT Bar Constitutional Law 2 — Questions and Answers
Question 1: The Establishment Clause prohibits government from doing which of the following?
- Funding secular textbooks for parochial students
- Posting the Ten Commandments in every courthouse without secular purpose (Correct answer)
- Allowing student-led prayer groups to meet after school
- Granting tax exemptions to religious organizations
Correct answer: Posting the Ten Commandments in every courthouse without secular purpose
Government posting of the Ten Commandments without a secular purpose violates the Establishment Clause.
Question 2: Under substantive due process, which right has the U.S. Supreme Court recognized as a fundamental right requiring strict scrutiny?
- The right to assisted suicide
- The right to interstate travel (Correct answer)
- The right to public education
- The right to a minimum wage
Correct answer: The right to interstate travel
The right to interstate travel has been recognized as a fundamental right subject to strict scrutiny under substantive due process.
Question 3: The Supremacy Clause provides that federal law preempts state law in which circumstance?
- Only when Congress expressly states its intent to preempt
- Only when state law directly conflicts with federal law
- When Congress expressly preempts or when conflict or field preemption applies (Correct answer)
- Only when federal and state law are in direct contradiction
Correct answer: When Congress expressly preempts or when conflict or field preemption applies
Federal preemption occurs through express preemption, conflict preemption, or field preemption under the Supremacy Clause.
Question 4: Which constitutional provision prevents a state from impairing the obligation of contracts?
- The Due Process Clause
- The Equal Protection Clause
- The Contracts Clause (Correct answer)
- The Takings Clause
Correct answer: The Contracts Clause
Article I, Section 10 of the U.S. Constitution contains the Contracts Clause, prohibiting states from impairing the obligation of contracts.
Question 5: Under Vermont law, can the state legislature amend the Vermont Constitution without a referendum?
- Yes, by a two-thirds vote in both chambers
- No, constitutional amendments require approval by the voters (Correct answer)
- Yes, if the Governor also approves
- No, only a constitutional convention may amend it
Correct answer: No, constitutional amendments require approval by the voters
Amendments to the Vermont Constitution require approval in a statewide referendum after passage by the General Assembly.
Question 6: The Takings Clause requires the government to pay just compensation when it takes private property for which purpose?
- Any governmental purpose
- Public use only (Correct answer)
- Emergency purposes only
- Environmental protection only
Correct answer: Public use only
The Fifth Amendment's Takings Clause requires just compensation only when private property is taken for public use.
VT Bar VT Bar Constitutional Law 2
The Establishment Clause prohibits government from doing which of the following?