ND Bar Constitutional Law — Questions and Answers
Question 1: Under the North Dakota Constitution, what body has the sole power of impeachment?
- The state House of Representatives or Legislature (Correct answer)
- The Governor
- The Supreme Court
- The Attorney General
Correct answer: The state House of Representatives or Legislature
The legislative body holds the power of impeachment in North Dakota, consistent with the general structure of state governments.
Question 2: What standard of review applies to classifications based on race under North Dakota equal protection analysis?
- Strict scrutiny requiring a compelling government interest (Correct answer)
- Rational basis review
- Intermediate scrutiny
- No judicial review
Correct answer: Strict scrutiny requiring a compelling government interest
Race-based classifications trigger strict scrutiny, the most demanding standard, requiring the government to demonstrate a compelling interest and narrow tailoring.
Question 3: Under North Dakota law, what does the Due Process Clause protect?
- The right not to be deprived of life, liberty, or property without fair procedures (Correct answer)
- The right to vote in all elections
- The right to free healthcare
- The right to government employment
Correct answer: The right not to be deprived of life, liberty, or property without fair procedures
Due process ensures the government follows fair procedures before depriving individuals of fundamental interests in life, liberty, or property.
Question 4: What is the Free Exercise Clause protection under the North Dakota Constitution?
- The right to practice religion free from government interference (Correct answer)
- The right to exercise in public parks
- The right to free speech
- The right to bear arms
Correct answer: The right to practice religion free from government interference
The Free Exercise Clause protects individuals from government interference with their religious beliefs and practices.
Question 5: How are amendments to the North Dakota Constitution proposed and ratified?
- Through legislative proposal or citizen initiative, followed by popular vote (Correct answer)
- Only by the Governor
- Through federal authorization
- By the state Supreme Court
Correct answer: Through legislative proposal or citizen initiative, followed by popular vote
North Dakota allows constitutional amendments through legislative action and/or citizen initiative, with ratification by popular vote.
Question 6: What is the separation of powers doctrine in North Dakota?
- Government authority is divided among three branches with checks and balances (Correct answer)
- All power is concentrated in the Governor
- The courts have supreme authority
- The legislature has unlimited power
Correct answer: Government authority is divided among three branches with checks and balances
The separation of powers divides government into legislative, executive, and judicial branches, each with distinct powers and the ability to check the others.
ND Bar Constitutional Law
Under the North Dakota Constitution, what body has the sole power of impeachment?