IN Bar Constitutional Law 3

Question 1

Under the Appointments Clause of Article II, 'inferior officers' may be appointed by Congress to which of the following?

Accepted Answer

Both A and B

Answer

The President alone

Answer

The courts of law or department heads

Answer

The full Senate by majority vote

Question 2

The constitutional guarantee against double jeopardy attaches in a jury trial at what point?

Accepted Answer

When the jury is sworn in

Answer

When charges are formally filed

Answer

When the defendant enters a plea

Answer

When the indictment is returned

Question 3

The Privileges and Immunities Clause of Article IV prevents states from discriminating against citizens of other states with respect to:

Accepted Answer

Fundamental rights related to national unity such as the right to practice a profession

Answer

Corporations doing business in the state

Answer

All civil rights including voting

Answer

Property owned by nonresidents

Question 4

Under the Presentment Clause, after Congress passes legislation, the President has how many days to sign or veto a bill (excluding Sundays)?

Accepted Answer

10 days

Answer

7 days

Answer

14 days

Answer

30 days

Question 5

Which constitutional doctrine holds that courts will not decide political questions that have been committed by the Constitution to another branch of government?

Accepted Answer

Political question doctrine

Answer

Ripeness doctrine

Answer

Abstention doctrine

Answer

Non-justiciability doctrine

Question 6

Under the Fourteenth Amendment's Equal Protection Clause, a law that classifies on the basis of gender is subject to which standard of review?

Accepted Answer

Intermediate scrutiny

Answer

Strict scrutiny

Answer

Rational basis review

Answer

Heightened rational basis

Question 7

The Supremacy Clause provides that federal law preempts state law. Express preemption occurs when:

Accepted Answer

Congress explicitly states its intent to preempt state law in the statute

Answer

Federal and state law conflict directly making compliance with both impossible

Answer

Federal law so thoroughly occupies a field that no room remains for state regulation

Answer

A state law stands as an obstacle to federal objectives