IN Bar Constitutional Law 2 — Questions and Answers
Question 1: Under the Eleventh Amendment, a federal court generally cannot hear a suit against a state brought by:
- The federal government
- A citizen of another state (Correct answer)
- The state itself
- A foreign nation
Correct answer: A citizen of another state
The Eleventh Amendment bars federal court suits against a state by citizens of another state (or foreign nation) without the state's consent, protecting state sovereign immunity.
Question 2: The Free Exercise Clause protects individuals from government interference with religious practices. Under Employment Division v. Smith, a neutral law of general applicability that burdens religion requires:
- Strict scrutiny
- Intermediate scrutiny
- Rational basis review (Correct answer)
- Compelling interest balancing
Correct answer: Rational basis review
In Employment Division v. Smith, the Supreme Court held that neutral, generally applicable laws that incidentally burden religious practices need only satisfy rational basis review.
Question 3: The doctrine of incorporation applies provisions of the Bill of Rights to the states through which constitutional provision?
- First Amendment
- Fifth Amendment's Due Process Clause
- Fourteenth Amendment's Due Process Clause (Correct answer)
- Tenth Amendment
Correct answer: Fourteenth Amendment's Due Process Clause
The Supreme Court has selectively incorporated most Bill of Rights provisions against the states through the Due Process Clause of the Fourteenth Amendment.
Question 4: Under Article III standing requirements, a plaintiff must demonstrate all EXCEPT which of the following?
- Injury in fact
- Causation between injury and defendant's conduct
- Redressability of the injury
- A constitutional violation by the government (Correct answer)
Correct answer: A constitutional violation by the government
Standing requires injury in fact, causation, and redressability; a constitutional violation is not required — statutory, regulatory, or common law injuries may also confer standing.
Question 5: The Dormant Commerce Clause restricts state laws that discriminate against interstate commerce. When a state law facially discriminates against out-of-state commerce, it is:
- Subject to rational basis review
- Per se invalid unless the state can show it is the least discriminatory means to achieve a legitimate local purpose (Correct answer)
- Presumptively constitutional
- Reviewed under intermediate scrutiny
Correct answer: Per se invalid unless the state can show it is the least discriminatory means to achieve a legitimate local purpose
Facially discriminatory state laws are virtually per se invalid and can survive only if the state demonstrates a legitimate local purpose that cannot be achieved through less discriminatory means.
Question 6: Which constitutional provision limits Congress's ability to compel state legislatures to enact or enforce federal regulatory programs?
- The Supremacy Clause
- The Tenth Amendment anti-commandeering principle (Correct answer)
- The Necessary and Proper Clause
- The Equal Protection Clause
Correct answer: The Tenth Amendment anti-commandeering principle
The anti-commandeering principle, derived from the Tenth Amendment and articulated in New York v. United States and Printz v. United States, prohibits Congress from directly compelling state legislatures or executive officers to implement federal programs.
Question 7: A government employee is fired after speaking on a matter of public concern. Under Garcetti v. Ceballos, the employee's First Amendment claim is barred if the speech was made:
- Outside of working hours
- Pursuant to official duties (Correct answer)
- Anonymously
- On social media
Correct answer: Pursuant to official duties
Garcetti held that when public employees make statements pursuant to their official duties, they are not speaking as citizens on matters of public concern, so the First Amendment does not protect them from employer discipline.
