Multistate Bar Exam Constitutional Law 2 — Questions and Answers
Question 1: A state law requires all public school teachers to lead students in a daily moment of silent meditation 'for prayer or reflection.' A parent challenges this law. How should a court rule?
- Unconstitutional because it endorses religion under the Establishment Clause (Correct answer)
- Constitutional as it only mandates silence, not prayer
- Constitutional because teachers retain discretion in how they describe the moment
- Unconstitutional only if teachers suggest students pray
Correct answer: Unconstitutional because it endorses religion under the Establishment Clause
In Wallace v. Jaffree, the Supreme Court struck down a similar Alabama law because its legislative history revealed a religious purpose, violating the Establishment Clause.
Question 2: Congress passes a law making it a federal crime to possess a firearm within 1,000 feet of a school. Under what constitutional basis was this law ultimately struck down?
- It violated the Second Amendment right to bear arms
- Congress exceeded its Commerce Clause authority because gun possession near schools is not economic activity (Correct answer)
- It violated the Tenth Amendment by commandeering state police
- It violated the Due Process Clause of the Fifth Amendment
Correct answer: Congress exceeded its Commerce Clause authority because gun possession near schools is not economic activity
In United States v. Lopez, the Court held the Gun-Free School Zones Act exceeded Congress's Commerce Clause power because firearm possession near schools was not economic activity substantially affecting interstate commerce.
Question 3: A city ordinance prohibits all door-to-door solicitation without a prior permit. A religious group challenges it as applied to their proselytizing. The court should find the ordinance:
- Constitutional because the city has a compelling interest in residential privacy
- Unconstitutional as a prior restraint on speech and religious exercise (Correct answer)
- Constitutional only if the permit process is content-neutral
- Unconstitutional only if it was enacted with anti-religious intent
Correct answer: Unconstitutional as a prior restraint on speech and religious exercise
Under Cantwell v. Connecticut and Martin v. City of Struthers, blanket permit requirements for door-to-door religious solicitation are unconstitutional prior restraints on free exercise and speech.
Question 4: The President signs an executive order directing federal agencies to stop enforcing an immigration statute passed by Congress. A state challenges this order. The order is most likely:
- Valid because the President has plenary power over immigration enforcement
- Invalid because the President cannot refuse to enforce a valid act of Congress (Correct answer)
- Valid because prosecutorial discretion is an inherent executive function
- Invalid only if the Senate disapproves by a two-thirds vote
Correct answer: Invalid because the President cannot refuse to enforce a valid act of Congress
Under the Take Care Clause, the President must faithfully execute the laws; wholesale refusal to enforce a valid statute violates this constitutional duty.
Question 5: A state law grants a tax exemption to 'charitable and benevolent organizations.' A church claims the exemption. A taxpayer sues, arguing this violates the Establishment Clause. Under Walz v. Tax Commission, the exemption is:
- Unconstitutional because it financially benefits religious institutions
- Constitutional because it extends to a broad class of nonprofit organizations (Correct answer)
- Unconstitutional unless the church can show the exemption is the least restrictive means
- Constitutional only if the church spends funds on secular charitable activities
Correct answer: Constitutional because it extends to a broad class of nonprofit organizations
In Walz v. Tax Commission, the Court upheld property tax exemptions for churches because they were part of a broad class of nonprofit charitable organizations, avoiding excessive government entanglement.
Question 6: Congress enacts a law requiring state governors to submit monthly reports to a federal agency on their state's environmental compliance. This law is most likely:
- Constitutional under the Supremacy Clause because federal environmental law is supreme
- Unconstitutional as commandeering state executive officials in violation of the Tenth Amendment (Correct answer)
- Constitutional because states consented to federal oversight by accepting federal funds
- Unconstitutional only if a majority of states formally object to Congress
Correct answer: Unconstitutional as commandeering state executive officials in violation of the Tenth Amendment
Under Printz v. United States, Congress cannot compel state executive officers to administer or enforce a federal regulatory program, as this violates the anti-commandeering principle.
Question 7: A state passes a law imposing a $0.05 tax on every copy of a newspaper sold, but exempting magazines and online publications. A newspaper publisher challenges this. The most likely result is:
- Constitutional because the tax is generally applicable to all print media
- Unconstitutional because singling out newspapers for taxation raises First Amendment concerns (Correct answer)
- Constitutional because the tax rate is de minimis and has no chilling effect
- Unconstitutional only if the publisher can show the tax was intended to suppress criticism of the government
Correct answer: Unconstitutional because singling out newspapers for taxation raises First Amendment concerns
Under Minneapolis Star & Tribune Co. v. Minnesota Commissioner of Revenue, differential taxes targeting the press raise serious First Amendment concerns even without proof of censorial intent.
Multistate Bar Exam Constitutional Law 2
A state law requires all public school teachers to lead students in a daily moment of silent meditation 'for prayer or reflection.' A parent challenges this law.
How should a court rule?