NYLE Constitutional Law 1 — Questions and Answers
Question 1: Under the Commerce Clause, Congress may regulate purely intrastate economic activity when it:
- Has a direct and substantial effect on interstate commerce (Correct answer)
- Involves goods that were once in the stream of commerce
- Pertains to any activity occurring within a federally regulated industry
- Is expressly authorized by a state legislature
Correct answer: Has a direct and substantial effect on interstate commerce
After Lopez and Morrison, Congress may regulate intrastate economic activity only when it substantially affects interstate commerce.
Question 2: A plaintiff has Article III standing to sue in federal court when she establishes:
- Injury in fact, causation, and redressability (Correct answer)
- A cognizable legal claim, ripeness, and mootness avoidance
- A constitutional violation, federal question jurisdiction, and timeliness
- Injury in fact, typicality, and adequacy of representation
Correct answer: Injury in fact, causation, and redressability
Article III standing requires (1) a concrete and particularized injury in fact, (2) causation traceable to the defendant's conduct, and (3) redressability by a favorable court ruling.
Question 3: Under the Takings Clause of the Fifth Amendment, a regulatory taking requiring just compensation occurs when a government regulation:
- Denies the owner all economically beneficial use of the property (Correct answer)
- Reduces the market value of property by more than 50%
- Eliminates any single permitted use of the property
- Transfers a property right from one private party to another
Correct answer: Denies the owner all economically beneficial use of the property
Under Lucas v. South Carolina Coastal Council, a per se taking occurs when a regulation deprives the owner of all economically beneficial use of property.
Question 4: The Supremacy Clause provides that federal law preempts state law when:
- Congress expressly preempts state law, occupies the field, or there is actual conflict (Correct answer)
- The federal statute was enacted after the conflicting state statute
- Congress has the power to regulate the subject matter under any enumerated power
- A federal agency has issued regulations on the same topic as the state law
Correct answer: Congress expressly preempts state law, occupies the field, or there is actual conflict
Preemption analysis recognizes three forms: express preemption, field preemption (congressional intent to occupy the field), and conflict preemption (impossibility or obstacle to federal purpose).
Question 5: Procedural due process under the Fourteenth Amendment is triggered when the government seeks to deprive a person of:
- A protected liberty or property interest (Correct answer)
- Any benefit the government has chosen to provide
- Only fundamental constitutional rights
- Interests recognized by the common law at the time of the Founding
Correct answer: A protected liberty or property interest
Procedural due process applies when the government seeks to deprive an individual of a life, liberty, or property interest recognized by the Constitution or state law.
Question 6: Under rational basis review, a law will be upheld if it is:
- Rationally related to a legitimate government interest (Correct answer)
- Substantially related to an important government interest
- Narrowly tailored to a compelling government interest
- Reasonably necessary to advance a significant government purpose
Correct answer: Rationally related to a legitimate government interest
Rational basis is the most deferential standard of review; a law survives if it is rationally related to any legitimate government interest, even one not advanced by the government.
Question 7: The Eleventh Amendment generally bars federal courts from hearing suits:
- Brought by private citizens against a state in federal court without the state's consent (Correct answer)
- Brought by one state against another state in any court
- Brought against federal officials acting in their individual capacity
- Brought by citizens of one state against citizens of another state
Correct answer: Brought by private citizens against a state in federal court without the state's consent
The Eleventh Amendment grants states sovereign immunity from suits brought by private parties in federal court unless the state consents or Congress validly abrogates immunity under Section 5 of the Fourteenth Amendment.
NYLE Constitutional Law 1
Under the Commerce Clause, Congress may regulate purely intrastate economic activity when it: