Constitutional Law Final-Multiple Choice
Questions.
d - correct answer-Which of the following best defines what makes a legislative measure
"necessary" under the Necessary & Proper Clause?
a).It is necessary if it is incidental to the achievement of another aim of Congress and not a
great and substantive power.
b).It is necessary if it is indispensable for Congress's ability to exercise one of the
enumerated powers in Article I, Section 8 or another constitutional power.
c).t is necessary only if it is implicit in the text of an already enumerated power.
d).It is necessary if it is a reasonable means to exercising an Article I, Section 8 enumerated
power or other power the Constitution gives to the legislature - and but may be one of
several possible reasonable means to achieving that end.
a - correct answer-In the months before a Presidential election, individuals distributing
leaflets in favor of each candidate are verbally attacked by pedestrians critical of their
political positions.
To help prevent political conflict, a city bars individuals from distributing leaflets on its streets
that "advocate in favor or against any particular candidate in a Presidential election."
What level of scrutiny would a court apply to this city law?
a). Strict Scrutiny
b).Rational Basis Review
c).Undue burden analysis
d).Intermediate Scrutiny
d - correct answer-A city law prohibits anyone from entering a city park between the hours of
10:00 pm and 6:00 am.
A group of protestors wants to hold a "sleep-in" in the park in which they protest the lack of
city services for homeless individuals. When the city denies them a permit to be in the park
after 10:00 pm, they claim the city is violating their free speech rights under the First
Amendment.
What level of scrutiny would a court apply to this city law?
a). Strict Scrutiny
b).Rational Basis Review
c).Undue burden analysis
d).Intermediate Scrutiny
b - correct answer-What legal test describes when it is constitutional for the government to
restrict an individual's religious practice?
a).Government may do so when it has a significant government interest and avoids
restricting the religious practice substantially more than is necessary. In other words,
restriction of religious practice is subject to intermediate scrutiny, but only as long as it is
being neutral between different religious views.
, b).Government may enact and enforce any neutral, generally applicable law, even if it
incidentally burdens a person's religious practice, so long as it is not targeting or
discriminating against that religious practice.
c).Government is subject to strict scrutiny when its burdens on religious practice are great
but only rational basis when its burdens on religious practice are small.
d).Government may only do so when it has a compelling government interest, and its
measure is necessary to achieve that interest. However, there is an exception for religious
beliefs that are not "central" to a person's religious affiliation.
c - correct answer-Which of the following best describes the level of scrutiny that the Court
applies to use of race or ethnicity in an affirmative action program - and how it applies that
level of scrutiny in the context of higher education?
A).In evaluating use of race or ethnicity in an affirmative action program, the Court
essentially applies rational basis. This is because the Court defers almost completely to
whatever institution is using the affirmative action program, and more specifically, to that
institution's judgment that it needs to take race or ethnicity into account. For example, the
Court defers almost completely to university decisions that they need to take race or
ethnicity into account as part of the admission process.
B).In evaluating use of race or ethnicity in an affirmative action program, the Court applies
intermediate scrutiny because - unlike discrimination that is aimed at harming members of a
minority group, affirmative action is meant to help them. Applying intermediate scrutiny, the
Court presumes that universities' use of race and ethnicity in affirmative action programs is
presumptively constitutional - unless there is use of what is clearly a quota system.
C).In evaluating use of race or ethnicity in an affirmative action program, the Court applies
strict scrutiny - but it is "survivable strict scrutiny" in the sense that government sometimes
prevails (which it never does when a racial or ethnic classification is used to harm a minority
group). With respect to public universities, the Court is willing to uphold use of race or
ethnicity as part of a system of individual consideration in admissions, but not as part of a
quota system that treats individuals solely as group members rather than as individuals.
D).In evaluating use of race or ethnicity in an affirmative action program, the Court applies
stric
C - correct answer-Is government subject to strict scrutiny under the Equal Protection Clause
when the law is -- and was intended to be -- facially neutral, but government intentionally
applies it in a discriminatory manner (and discriminates on the basis of a suspect class)?
A).Only where it can be shown that the racial or other discriminatory animus was the sole
motive of the government's action, and was possessed by at least some of the original
legislators.
B).Maybe. It depends on whether the government - in applying the law -- imposes a
significant burden on those who are suffering under the discriminatory effects of the
government's application of the law.
C).Yes. Government is here intentionally using a suspect classification, even though it is not
built into the text of such a facially neutral law itself.
D).No. Government's application of the law may be discriminatory, and may thus violate a
federal statute. But it cannot violate the Equal Protection Clause if the law is facially neutral
and the legislators enacting it lacked any discriminatory intent.
Questions.
d - correct answer-Which of the following best defines what makes a legislative measure
"necessary" under the Necessary & Proper Clause?
a).It is necessary if it is incidental to the achievement of another aim of Congress and not a
great and substantive power.
b).It is necessary if it is indispensable for Congress's ability to exercise one of the
enumerated powers in Article I, Section 8 or another constitutional power.
c).t is necessary only if it is implicit in the text of an already enumerated power.
d).It is necessary if it is a reasonable means to exercising an Article I, Section 8 enumerated
power or other power the Constitution gives to the legislature - and but may be one of
several possible reasonable means to achieving that end.
a - correct answer-In the months before a Presidential election, individuals distributing
leaflets in favor of each candidate are verbally attacked by pedestrians critical of their
political positions.
To help prevent political conflict, a city bars individuals from distributing leaflets on its streets
that "advocate in favor or against any particular candidate in a Presidential election."
What level of scrutiny would a court apply to this city law?
a). Strict Scrutiny
b).Rational Basis Review
c).Undue burden analysis
d).Intermediate Scrutiny
d - correct answer-A city law prohibits anyone from entering a city park between the hours of
10:00 pm and 6:00 am.
A group of protestors wants to hold a "sleep-in" in the park in which they protest the lack of
city services for homeless individuals. When the city denies them a permit to be in the park
after 10:00 pm, they claim the city is violating their free speech rights under the First
Amendment.
What level of scrutiny would a court apply to this city law?
a). Strict Scrutiny
b).Rational Basis Review
c).Undue burden analysis
d).Intermediate Scrutiny
b - correct answer-What legal test describes when it is constitutional for the government to
restrict an individual's religious practice?
a).Government may do so when it has a significant government interest and avoids
restricting the religious practice substantially more than is necessary. In other words,
restriction of religious practice is subject to intermediate scrutiny, but only as long as it is
being neutral between different religious views.
, b).Government may enact and enforce any neutral, generally applicable law, even if it
incidentally burdens a person's religious practice, so long as it is not targeting or
discriminating against that religious practice.
c).Government is subject to strict scrutiny when its burdens on religious practice are great
but only rational basis when its burdens on religious practice are small.
d).Government may only do so when it has a compelling government interest, and its
measure is necessary to achieve that interest. However, there is an exception for religious
beliefs that are not "central" to a person's religious affiliation.
c - correct answer-Which of the following best describes the level of scrutiny that the Court
applies to use of race or ethnicity in an affirmative action program - and how it applies that
level of scrutiny in the context of higher education?
A).In evaluating use of race or ethnicity in an affirmative action program, the Court
essentially applies rational basis. This is because the Court defers almost completely to
whatever institution is using the affirmative action program, and more specifically, to that
institution's judgment that it needs to take race or ethnicity into account. For example, the
Court defers almost completely to university decisions that they need to take race or
ethnicity into account as part of the admission process.
B).In evaluating use of race or ethnicity in an affirmative action program, the Court applies
intermediate scrutiny because - unlike discrimination that is aimed at harming members of a
minority group, affirmative action is meant to help them. Applying intermediate scrutiny, the
Court presumes that universities' use of race and ethnicity in affirmative action programs is
presumptively constitutional - unless there is use of what is clearly a quota system.
C).In evaluating use of race or ethnicity in an affirmative action program, the Court applies
strict scrutiny - but it is "survivable strict scrutiny" in the sense that government sometimes
prevails (which it never does when a racial or ethnic classification is used to harm a minority
group). With respect to public universities, the Court is willing to uphold use of race or
ethnicity as part of a system of individual consideration in admissions, but not as part of a
quota system that treats individuals solely as group members rather than as individuals.
D).In evaluating use of race or ethnicity in an affirmative action program, the Court applies
stric
C - correct answer-Is government subject to strict scrutiny under the Equal Protection Clause
when the law is -- and was intended to be -- facially neutral, but government intentionally
applies it in a discriminatory manner (and discriminates on the basis of a suspect class)?
A).Only where it can be shown that the racial or other discriminatory animus was the sole
motive of the government's action, and was possessed by at least some of the original
legislators.
B).Maybe. It depends on whether the government - in applying the law -- imposes a
significant burden on those who are suffering under the discriminatory effects of the
government's application of the law.
C).Yes. Government is here intentionally using a suspect classification, even though it is not
built into the text of such a facially neutral law itself.
D).No. Government's application of the law may be discriminatory, and may thus violate a
federal statute. But it cannot violate the Equal Protection Clause if the law is facially neutral
and the legislators enacting it lacked any discriminatory intent.
