VT Bar VT Bar Constitutional Law 1 — Questions and Answers
Question 1: Under the Vermont Constitution, which branch has the power to grant pardons?
- The Legislature
- The Governor (Correct answer)
- The Supreme Court
- The Attorney General
Correct answer: The Governor
The Vermont Constitution vests the pardoning power in the Governor.
Question 2: The Vermont Constitution's Common Benefits Clause is analogous to which federal constitutional provision?
- The First Amendment
- The Due Process Clause
- The Equal Protection Clause (Correct answer)
- The Commerce Clause
Correct answer: The Equal Protection Clause
Vermont's Common Benefits Clause (Chapter I, Article 7) serves a function similar to the federal Equal Protection Clause.
Question 3: Under the First Amendment as applied to Vermont, which level of scrutiny applies to content-neutral time, place, and manner restrictions on speech?
- Strict scrutiny
- Intermediate scrutiny (Correct answer)
- Rational basis review
- Heightened rational basis
Correct answer: Intermediate scrutiny
Content-neutral time, place, and manner restrictions on speech are reviewed under intermediate scrutiny.
Question 4: Which doctrine prohibits states from discriminating against interstate commerce under the Dormant Commerce Clause?
- Preemption doctrine
- Privileges and immunities doctrine
- Non-discrimination principle (Correct answer)
- Incorporation doctrine
Correct answer: Non-discrimination principle
The Dormant Commerce Clause's non-discrimination principle bars states from imposing laws that discriminate against out-of-state commerce.
Question 5: Under the Fourth Amendment, which standard must police satisfy to obtain a search warrant?
- Reasonable suspicion
- Preponderance of the evidence
- Probable cause (Correct answer)
- Clear and convincing evidence
Correct answer: Probable cause
The Fourth Amendment requires probable cause, supported by oath or affirmation, for the issuance of a search warrant.
Question 6: Vermont's Constitution was first adopted in which year, making it one of the earliest state constitutions?
- 1777 (Correct answer)
- 1787
- 1791
- 1800
Correct answer: 1777
Vermont adopted its first constitution in 1777, before it was admitted to the Union.
VT Bar VT Bar Constitutional Law 1
Under the Vermont Constitution, which branch has the power to grant pardons?