Practice Set 1

Question 1

What rights of out of state citizens are protected under the Privileges and Immunities clause?

Answer 1

Discrimination when setting a fee for commercial activity but not for recreational activity

Question 2

When can the executive exercise a pardon?

Answer 2

Anytime after the offense has been committed

Question 3

What are limitations on a president’s ability to pardon?

Answer 3

When applied to the impeachment of a federal official

Question 4

When can a private party be subject to constitutional limitations normally reserved for state actions?

Answer 4

When (1) private parties carry out traditional governmental functions or (2) state is involved in private activities

Question 5

What are a list of fundamental rights that are subject to strict scrutiny?

Answer 5

1. Travel
2. Voting and ballot access
3. Privacy
4. Content based regulation of speech

Question 6

What are a list of non-fundamental rights that are subject to rational basis?

Answer 6

Social or economic interests, so laws interfering such as (1) business, (2) taxation, (3) lifestyle, (4) zoning are only subject to rational basis

Question 7

What are suspect classes?

Answer 7

Race, ethnicity, national origin, sometimes alienage but not federally (arbitrary / unreasonable)