HI Bar - Hawaii Bar Constitutional Law Principles Questions and Answers

Question 1

The Hawaii state legislature enacts a statute that imposes a 20% excise tax on all liquor sold at wholesale.
However, the statute exempts okolehao, a brandy distilled from the indigenous ti plant root, and pineapple wine, both of which are produced exclusively in Hawaii.
A mainland U.S. liquor wholesaler challenges the statute in court.
Which constitutional principle is the most likely basis for striking down this statute?

Accepted Answer

The Dormant Commerce Clause

Answer

The Privileges and Immunities Clause of Article IV

Answer

The Equal Protection Clause of the Fourteenth Amendment

Answer

The Supremacy Clause

Question 2

The Hawaii Constitution, Article I, Section 6, provides a right to privacy that is more explicit than the right to privacy found in the U.S. Constitution. This section states: 'The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest.' A state law is passed requiring all internet service providers to retain user data for two years and provide it to law enforcement without a warrant. Under the Hawaii Constitution, what is the most likely outcome of a legal challenge to this law?

Accepted Answer

The law will be struck down because it is not the least restrictive means of achieving the state's interest.

Answer

The law will be upheld because crime prevention is a rational basis for the government's action.

Answer

The law will be upheld as a valid exercise of the state's police power.

Answer

The law will be struck down because it violates the Fourth Amendment of the U.S. Constitution as incorporated by the Fourteenth Amendment.

Question 3

A private university in Honolulu, which receives no state or federal funding, implements a new policy prohibiting all student protests on campus grounds to maintain order. A student group, dedicated to environmental advocacy, is prevented from holding a peaceful demonstration and sues the university, alleging a violation of their right to free speech under the Hawaii Constitution. What is the university's strongest defense?

Accepted Answer

The policy is a reasonable time, place, and manner restriction.

Answer

The student group's speech constitutes a public nuisance.

Answer

The university's action is not 'state action' and therefore not subject to constitutional free speech limitations.

Answer

The university's interest in maintaining order outweighs the students' free speech rights.

Question 4

Which of the following best describes the principle of separation of powers as implied in the Hawaii Constitution?

Accepted Answer

The vesting of legislative, executive, and judicial powers in three distinct and co-equal branches of government to create a system of checks and balances.

Answer

A strict division of powers where no branch may exercise any function of another.

Answer

A system where the legislature holds supreme power over the executive and judicial branches.

Answer

A requirement that all laws passed by the legislature must be approved by the judiciary for constitutionality before enactment.

Question 5

The Hawaii legislature passes a law requiring all individuals wishing to obtain a commercial driver's license to have been a resident of Hawaii for at least one year. An experienced truck driver, who recently moved to Hawaii from California for a job, is denied a license solely based on this residency requirement. He sues the state. Which constitutional provision is the state's law most likely to violate?

Accepted Answer

The Privileges and Immunities Clause of Article IV

Answer

The Equal Protection Clause

Answer

The Due Process Clause

Answer

The Contracts Clause

Question 6

The Governor of Hawaii issues an executive order declaring a state of emergency due to a housing crisis and unilaterally reallocates funds previously appropriated by the Legislature for tourism marketing to a new affordable housing construction fund. The Legislature challenges the Governor's action in court. What is the Legislature's strongest constitutional argument?

Accepted Answer

The Governor has usurped the Legislature's core power of appropriation, violating the separation of powers doctrine.

Answer

The Governor's order violates the Contracts Clause by impairing existing tourism marketing contracts.

Answer

The executive order constitutes an unconstitutional taking of private property without just compensation.

Answer

The Governor has exceeded the scope of emergency powers as defined by federal law.