Constitutional Law Questions
Explore questions in the Constitutional Law category that you can ask Spark.E!
How many court systems are in the US legal system
(13) Under intermediate scrutiny, the burden is on the:(A) Government, to show that the law is substantially related to an important interest(B) Government, to show that the law is narrowly tailored to an important interest(C) Challenger, to show that the law is not substantially related to an important interest(D) Challenger, to show that the law is not narrowly tailored to an important interest
(3) Why is the Court more suspicious of some classifications than others?(A) Historically, they've experienced discrimination(B) Presently, they lack significant political power(C) They rest on an immutable trait that is irrelevant to the ability to contribute to society(D) All of the above
examine a series of rulings and determine what kind of overall theme is present (Texas v. Johnson and Cohen v. California)
(2) State B declares a commitment to pro-life policy. It establishes funding for crisis pregnancy centers while denying funding to organizations that voice pro-choice policies. Planned Parenthood argues that this violates the Free Speech Clause. Planned Parenthood will likely lose, assuming:(A) State B is viewed as subsidizing private speech(B) State B is viewed as engaged in its own speech
(10) Under current law, race-based affirmative action programs trigger:(A) Strict scrutiny, unless they are federal programs(B) Strict scrutiny, under all circumstances(C) Intermediate scrutiny, because they are meant to remedy past discrimination(D) Rational basis review, because there is no discriminatory purpose
(13) State A offers grants to small businesses. The criteria for receiving a grant are religion-neutral, but some of the businesses awarded grants happen to have religious owners. This program likely:(A) Violates both religion clauses.(B) Violates the Establishment Clause.(C) Violates the Free Exercise Clause.(D) Does not violate either religion clause.
(1) If the federal government violates your equal protection rights, what clause should you cite?(A) 5th Amendment Due Process Clause(B) 14th Amendment Due Process Clause(C) 14th Amendment Equal Protection Clause
(2) If a state or local government violates your equal protection rights, what clause should you cite?(A) 5th Amendment Due Process Clause(B) 14th Amendment Due Process Clause(C) 14th Amendment Equal Protection Clause
(9) It is 1920, just after WWI. X distributes leaflets, urging people to join him in attempting to fundamentally alter the structure of government. X is charged with incitement. Can he be convicted?(A) Yes, if the risk of harm was very grave(B) Yes, if he caused a clear and present danger(C) No, assuming he lacked the requisite intent(D) No, assuming his speech was likely to cause harm
(6) State A requires that, whenever a newspaper publishes an article criticizing a political candidate, it must allow the candidate to publish a response if s/he wishes. Does this law "abridge" speech?(A) Yes, b/c it encourages the newspaper to speak(B) Yes, b/c it compels the newspaper to speak(C) No, b/c the candidate is not required to speak(D) No, b/c it increases the diversity of viewpoints
The constitution has___ parts, _____ articles, _____ amendments. the first ____ amendments are the Bill of Rights.
The necessary and Proper Clause is used as a support for what kind of power?
(14) State A offers grants to small businesses - through a competitive process involving religion-neutral criteria - so long as their owners are not religious. This program likely:(A) Violates both religion clauses.(B) Violates the Establishment Clause.(C) Violates the Free Exercise Clause.(D) Does not violate either religion clause.
(4) A court orders Newspaper not to publish an article it believes will interfere with Defendant's right to a fair trial. Newspaper publishes it anyway, and is held in contempt of court. If Newspaper challenges the contempt citation, the court will likely:(A) Remove it, if the original order was unconstitutional(B) Enforce it, even if the original order was unconstitutional
Which amendment includes double jeopardy, self incrimination, and due process?
(8) It is 2022. X posts on FaceBook, urging people to join him in a series of peaceful and lawful protests. The protests, however, turn into riots, and X is charged with incitement. Can X be convicted?(A) Yes, if the risk of harm was very grave(B) Yes, if he caused a clear and present danger(C) No, assuming he lacked the requisite intent(D) No, assuming his post was likely to cause harm
(3) State A offers grants to inventors. Everett's grant application is denied for expressing an "offensive viewpoint." This denial is most likely:(A) Valid, b/c the government can choose its message(B) Invalid, b/c it's viewpoint discrimination(C) Invalid, b/c it's content-based discrimination
(1) State A law bans all public debate about firearms legislation. Neither the NRA nor gun-control advocates may speak. This law would receive:(A) Strict scrutiny, b/c it's content based(B) Strict scrutiny, b/c it's content neutral(C) Intermediate scrutiny, b/c it's content based(D) Intermediate scrutiny, b/c it's content neutral
whaich amendment guarantees your civil liberties?