AL Bar Constitutional Law 2 — Questions and Answers
Question 1: The Fourteenth Amendment's Equal Protection Clause applies directly to:
- Federal government action only
- State government action only (Correct answer)
- Both federal and state action
- Private actors receiving federal funds
Correct answer: State government action only
The Fourteenth Amendment's Equal Protection Clause is textually directed at states, applying to state government action.
Question 2: Under substantive due process, a fundamental right can only be infringed upon if the government demonstrates:
- A rational basis for the law
- A compelling interest and the law is narrowly tailored (Correct answer)
- A substantial government interest
- Any legitimate purpose
Correct answer: A compelling interest and the law is narrowly tailored
Infringement of fundamental rights requires the government to show a compelling interest and that the law is narrowly tailored to achieve it.
Question 3: The Tenth Amendment reserves powers not delegated to the federal government to:
- The President
- Congress
- The states or the people (Correct answer)
- The federal judiciary
Correct answer: The states or the people
The Tenth Amendment explicitly states that powers not delegated to the United States are reserved to the states respectively or to the people.
Question 4: Congressional power to regulate interstate commerce under Article I, Section 8 extends to activities that:
- Occur only across state borders
- Substantially affect interstate commerce (Correct answer)
- Involve government entities only
- Are explicitly listed in the Commerce Clause
Correct answer: Substantially affect interstate commerce
Under Gonzales v. Raich, Congress may regulate local activities that, in the aggregate, substantially affect interstate commerce.
Question 5: The Eleventh Amendment generally bars federal courts from hearing suits against a state brought by:
- The federal government
- Another state
- Citizens of a different state (Correct answer)
- State officials for injunctive relief
Correct answer: Citizens of a different state
The Eleventh Amendment bars federal court suits against a state by citizens of another state unless the state waives immunity or Congress abrogates it.
Question 6: Under the Takings Clause, when the government physically invades or occupies private property, this constitutes:
- A regulatory taking requiring balancing
- A per se taking requiring just compensation (Correct answer)
- No taking if the public benefits
- A taking only if all economic value is destroyed
Correct answer: A per se taking requiring just compensation
A permanent physical occupation of private property is a per se taking requiring just compensation under Loretto v. Teleprompter Manhattan CATV Corp.
AL Bar Constitutional Law 2
The Fourteenth Amendment's Equal Protection Clause applies directly to: