MBE Con law

Question 1

The fifth amendment due process clause

Answer 1

Applies when the federal government acts

Question 2

The privileges or immunities act of the 14th amendment…

Answer 2

prohibits states from denying citizens privileges and immunities of national citizenship.

Question 3

Statutes based on suspect classifications or that impair a fundamental right

Answer 3

receive strict scrutiny

Question 4

What is the strict scrutiny standard?

Answer 4

necessary to promote a compelling government interest.

Question 5

Equal protection of the 14th amendment…

Answer 5

is limited to state action.

Question 6

Suspect classifications:

Answer 6

race, national origin, and alienage at the state level

Question 7

Quasi-suspect classifications

Answer 7

Gender, and illegitimate children

Question 8

If a statute makes a classification based on a quasi-suspect class…

Answer 8

Intermediate scrutiny applies: law upheld if it substantially relates to an important government interest

Question 9

All other classifications (not suspect/ quasi-suspect) and impairment of non-fundamental rights…

Answer 9

receive rational basis review

Question 10

What is the test to prove intent to discriminate?

Answer 10

(1) a law is discriminatory on its face; (2) a law is discriminatory in application but facially neutral; or (3) a facially neutral law with a disparate impact on a protected class of people

Question 11

What are the fundamental rights?

Answer 11

(1) Right to vote; (2) first amendment rights; (3) Interstate travel; and (4) right to privacy

Question 12

Striking potential jurors because of their race…

Answer 12

violates equal protection of the law

Question 13

When a statute doesn’t implicate a suspect class or fundamental right the law is valid if:

Answer 13

• it is rationally related to some legitimate government objective
• person bringing the action bears the burden of proof

Question 14

When a non-discriminatory state statute effects interstate commerce, it does not violate the Dormant Commerce Clause if:

Answer 14

(1) regulation carries out a legitimate state objective; (2) regulation is rationally related to the state interest; and (3) burden on interstate commerce is outweighed by the state’s interest

Question 15

reasonable time, place, and manner restrictions on speech in public forums will be upheld if:

Answer 15

(1) content neutral; (2) narrowly tailored to serve an important state interest; and (3) leave open reasonable alternatives

Question 16

Under the dormant commerce clause:

Answer 16

state’s regulation of local commerce is invalid if (1) it discriminates against out of staters to further a local economic interest; or (2) it unduly burdens interstate commerce