Constitutional Law (Foundational) Question Pack - Questions

1. A taxpayer filed a federal lawsuit challenging a recent federal spending bill that appropriated funds for a new technology initiative. The taxpayer alleged the bill was wasteful and violated the Constitution’s general welfare clause.

How should the court respond?

  1. Dismiss the case for lack of standing.
  2. Hear the case, because taxpayers have standing to challenge any federal expenditure.
  3. Dismiss the case for lack of ripeness.
  4. Hear the case, because the spending clause is a structural limit subject to judicial review.

2. Congress passed a law requiring the president to consult with a designated congressional committee before removing any ambassador. The president removed an ambassador without doing so. Congress sued.

What is the best constitutional objection to this law?

  1. It violates the equal protection clause.
  2. It exceeds Congress’s authority under the commerce clause.
  3. It unlawfully delegates legislative power.
  4. It infringes on the executive’s removal authority under separation of powers.

3. A state passed a law that imposed fines on federal employees who refused to comply with a state subpoena, even when acting within the scope of their federal duties. The federal government challenged the law.

How should a court rule?

  1. Uphold the law, because states may regulate conduct within their borders.
  2. Uphold the law, because subpoenas fall under traditional state police power.
  3. Strike down the law, because it violates the Eleventh Amendment.
  4. Strike down the law, because states cannot interfere with federal operations.

4. A federal court declined to decide a lawsuit about partisan gerrymandering, even though plaintiffs argued it diluted their voting rights.

What doctrine most likely supported the court's refusal?

  1. Mootness.
  2. Political question.
  3. Ripeness.
  4. Standing.

5. Congress passed a law regulating the labeling of imported goods sold exclusively within a single state. A retailer challenged the law.

What is the best constitutional basis to challenge the law?

  1. It exceeds Congress's authority under the commerce clause.
  2. It violates the spending clause.
  3. It infringes on state taxing authority.
  4. It violates the necessary and proper clause.

6.  A city ordinance prohibited protest marches in residential neighborhoods between 10 p.m. and 6 a.m., regardless of content. A group sued, claiming the ordinance violated free speech.

What is the most appropriate constitutional analysis?

  1. The law is invalid as a content-based restriction.
  2. The law is valid as a content-neutral time, place, and manner restriction.
  3. The law is invalid because it targets unpopular views.
  4. The law is valid because it regulates unprotected speech.

7. A private restaurant refused service based on race. The plaintiff filed a federal suit alleging an equal protection violation.

What is the biggest obstacle to this claim?

  1. Lack of procedural due process.
  2. No state action.
  3. Lack of congressional authority.
  4. Standing.

8. A city permitted a religious group to place a display in a public park during a winter holiday celebration. The city rejected a secular group’s request for a display during the same event.

What is the strongest constitutional argument against the city’s decision?

  1. It violates the Free Exercise Clause.
  2. It violates the Establishment Clause.
  3. It violates the Free Speech Clause.
  4. It violates the Equal Protection Clause.

9. A new federal statute provided that states accepting federal infrastructure grants must adopt certain environmental standards. A state accepted the funds but failed to meet the conditions. The federal agency withheld additional funds.

Is the federal government’s action constitutional?

  1. No, because it commandeers state officials.
  2. Yes, because conditional funding is permissible under the spending power.
  3. No, because environmental regulation is solely a state function.
  4. Yes, because the Commerce Clause directly allows it.

10. A state law criminalized all flag burning, regardless of the burner’s intent. A protester convicted under the law challenged it as unconstitutional.

What is the likely outcome?

  1. The law will be upheld as protecting public order.
  2. The law will be upheld because the flag is government property.
  3. The law will be invalidated for failing rational basis review.
  4. The law will be invalidated as violating freedom of expression.

11. Congress passed a statute allowing federal courts to issue advisory opinions on pending legislation at the request of either chamber of Congress. A senator petitioned the court to review a tax proposal.

How should the court respond?

  1. Deny the petition, because advisory opinions are prohibited under Article III.
  2. Grant review, because tax bills affect public obligations.
  3. Deny the petition, because Congress lacks the power to request review.
  4. Grant review, because courts have discretion over policy matters.

12. A state refused to honor a valid same-sex marriage performed in another state, citing its public policy. The couple sued, claiming their constitutional rights were violated.

What constitutional principle is most directly implicated?

  1. The Equal Protection Clause of the Fourteenth Amendment.
  2. The Eleventh Amendment’s prohibition on suits against states.
  3. The Tenth Amendment’s protection of traditional family law.
  4. The Commerce Clause.

13. A federal regulation banned all public demonstrations within 1,000 feet of any courthouse, regardless of the message conveyed. Protesters were arrested and challenged the rule.

What is the strongest basis for the challenge?

  1. Equal Protection Clause.
  2. Overbreadth under the First Amendment.
  3. The Supremacy Clause.
  4. State sovereignty.

14. A state law required newspapers to publish responses from political candidates they criticized. A local paper sued, claiming the law was unconstitutional.

What is the likely result?

  1. The law will be upheld as promoting fairness.
  2. The law will be upheld under commercial speech doctrine.
  3. The law will be struck down as compelled speech.
  4. The law will be struck down because it restricts religious liberty.

15. A city refused to issue a parade permit to an advocacy group because police overtime would strain public resources. The group sued.

What is the strongest argument against the city’s decision?

  1. The denial violated separation of powers.
  2. The denial lacked procedural safeguards.
  3. The denial constituted viewpoint discrimination.
  4. The denial was not approved by a court.

16. A congressional statute created a federal agency with the authority to prosecute individuals and also issue binding interpretations of criminal law. A convicted party challenged the statute.

What is the most likely constitutional objection?

  1. It violates the Take Care Clause.
  2. It violates the Commerce Clause.
  3. It violates the nondelegation doctrine.
  4. It violates the Full Faith and Credit Clause.

17. A resident sued her state government in federal court for monetary damages, alleging a violation of federal environmental law. The state moved to dismiss.

How should the court rule?

  1. Deny the motion, because environmental regulation is federal.
  2. Deny the motion, because Congress created a cause of action.
  3. Grant the motion, because the Eleventh Amendment bars such suits.
  4. Grant the motion, because federal courts lack jurisdiction over states.

18. Congress enacted a tax that applies only to citizens owning homes in states with no income tax. A homeowner challenged the tax as discriminatory.

What is the best constitutional argument?

  1. It violates the Contracts Clause.
  2. It violates the dormant Commerce Clause.
  3. It exceeds the taxing power.
  4. It denies equal protection under the Fifth Amendment.

19. A citizen was prosecuted under a state law criminalizing criticism of public officials. The defendant argued the law violated the First Amendment.

What is the proper constitutional standard?

  1. Strict scrutiny, because the law targets political speech.
  2. Intermediate scrutiny, because public figures receive less protection.
  3. Rational basis, because political speech is not a fundamental right.
  4. Balancing test, because the law regulates government employees.

Correct Answer: A

20. A federal agency issued a regulation mandating loyalty oaths for all employees, including statements disavowing particular political organizations. An employee was fired for refusal and sued.

Which constitutional protection is most directly implicated?

  1. The Takings Clause.
  2. The Establishment Clause.
  3. The Freedom of Association.
  4. The Due Process Clause.

21. A federal agency adopted a rule prohibiting employees from attending political rallies on their own time. An employee was disciplined for attending a peaceful demonstration and challenged the rule.

What is the most likely constitutional result?

  1. The rule will be upheld as a valid restraint on government employees.
  2. The rule will be upheld under the state secrets doctrine.
  3. The rule will be struck down as an overbroad restriction on freedom of association.
  4. The rule will be upheld under rational basis review.

22. Congress passed a law requiring all public universities to offer military recruiters the same access to students as other employers. One school refused and sued.

What is Congress’s strongest constitutional defense?

  1. The law advances public morals.
  2. The law is justified under the Establishment Clause.
  3. The law regulates speech in a traditional public forum.
  4. The law is valid under the spending power.

23. A religious charity received a public grant to operate a food bank. The charity used a portion of the funds to print religious literature distributed alongside meals. A taxpayer sued to enjoin the funding.

What is the most likely outcome?

  1. The suit will be dismissed because the taxpayer lacks standing.
  2. The court will enjoin the charity for compelled speech.
  3. The court will uphold the funding, because it’s viewpoint-neutral.
  4. The charity will be fined for misusing government funds.

24. A state required anyone selling a certain herbal product to obtain a license and complete 200 hours of training. A long-time seller challenged the law, arguing it deprived her of the ability to work.

Which constitutional principle is most directly involved?

  1. The Due Process Clause’s protection of fundamental rights.
  2. The Equal Protection Clause’s treatment of economic classes.
  3. The Privileges and Immunities Clause.
  4. The Due Process Clause’s protection of economic liberty.

25. To reduce courthouse disruptions, a state prohibited recording audio or video anywhere on judicial premises. A freelance journalist was arrested for recording a public hearing.

What is the most likely constitutional outcome?

  1. The law is unconstitutional because it targets content.
  2. The law is constitutional as a reasonable time, place, and manner restriction.
  3. The law is unconstitutional because it targets the press.
  4. The law is unconstitutional because it restricts a fundamental right.

26. The president issued an executive order redirecting federal funds to construct a border barrier, citing national security concerns. Congress had denied those funds for that purpose.

What is the most persuasive constitutional objection?

  1. The president has no power over national security.
  2. The executive order violates the nondelegation doctrine.
  3. The executive order violates the Presentment Clause.
  4. The executive order violates procedural due process.

27. A state imposed a law banning entry to out-of-state contractors for certain infrastructure projects, citing support for local businesses. An affected company sued.

What is the likely result?

  1. The law will be upheld under the Commerce Clause.
  2. The law will be struck down under the Dormant Commerce Clause.
  3. The law will be upheld because states can control markets.
  4. The law will be struck down under the Contracts Clause.

28. A high school suspended a student for wearing a T-shirt with a controversial political slogan during class. The student sued under the First Amendment.

What is the most appropriate analysis?

  1. The speech is protected unless it materially disrupts school operations.
  2. The speech is unprotected if it’s unpopular.
  3. The speech is protected only if school officials approve it.
  4. The speech is protected only off school grounds.

29. Congress passed a law giving the Attorney General authority to rewrite the definition of “controlled substances” without further approval. A defendant prosecuted under the revised list challenged the statute.

What is the best constitutional argument?

  1. The law violates the Equal Protection Clause.
  2. The law violates the Necessary and Proper Clause.
  3. The law violates the Appointments Clause.
  4. The law violates the nondelegation doctrine.

30. A homeowner sued after the city rezoned her block from residential to commercial use, decreasing her property value. She claimed a taking without just compensation.

What is the most likely outcome?

  1. The court will dismiss, because zoning does not constitute a taking.
  2. The court will award compensation for economic loss.
  3. The court will invalidate the zoning as a due process violation.
  4. The court will order the property be rezoned back.

31. A state law required that all public school teachers swear an oath pledging loyalty to the United States and disavowing membership in any group critical of the government. A teacher who refused to sign was terminated and challenged the law.

What is the strongest constitutional argument?

  1. It violates the Free Exercise Clause.
  2. It violates the Due Process Clause.
  3. It violates the Equal Protection Clause.
  4. It violates the Freedom of Association.

32. A state passed a statute allowing public funding of student tuition at all private elementary schools, but explicitly excluding religious schools. A parent challenged the law.

What is the most likely result?

  1. The law will be upheld because it prevents entanglement with religion.
  2. The law will be invalidated as a violation of the Free Exercise Clause.
  3. The law will be upheld under the Establishment Clause.
  4. The law will be invalidated because it treats parents unequally.

33. Congress authorized military courts to try civilians accused of non-military federal crimes during peacetime. A civilian challenged his conviction in federal court.

How should the court rule?

  1. Uphold the conviction because Congress has broad war powers.
  2. Invalidate the conviction because Article III requires jury trials in criminal cases.
  3. Uphold the conviction under the commander-in-chief clause.
  4. Dismiss the case for lack of subject-matter jurisdiction.

34. A state required out-of-state wineries to sell only through in-state wholesalers, raising costs for interstate suppliers. A winemaker sued under the Commerce Clause.

What is the likely outcome?

  1. The law is valid because states may regulate alcohol under the Twenty-First Amendment.
  2. The law is invalid because it discriminates against interstate commerce.
  3. The law is valid if applied equally to all sellers.
  4. The law is invalid because it violates the Takings Clause.

35. Congress enacted a law removing federal court jurisdiction over any case challenging the constitutionality of a specific immigration statute. An individual affected sued in federal court.

What is the strongest constitutional objection?

  1. The law violates the Equal Protection Clause.
  2. The law violates the Separation of Powers.
  3. The law violates the Establishment Clause.
  4. The law violates the First Amendment.

36. A public university fired a professor after he publicly criticized the university president’s policies. The professor sued, claiming his termination violated his First Amendment rights.

What is the most appropriate standard?

  1. The speech is protected if it related to a private grievance.
  2. The speech is protected only if it occurred off-campus.
  3. The speech is protected only if the professor spoke in his official capacity.
  4. The speech is protected if made as a private citizen on a matter of public concern.

37. A state passed a regulation requiring that all political campaign contributions be made anonymously to avoid intimidation. A candidate challenged the rule.

What is the likely outcome?

  1. The law is valid because it prevents corruption.
  2. The law is invalid because it burdens political speech and association.
  3. The law is valid because the state has plenary electoral power.
  4. The law is invalid only if it affects party-affiliated candidates.

38. A city passed an ordinance allowing only government-sponsored messages on advertising billboards along its main roads. A business sued, claiming its commercial message was excluded.

What is the strongest challenge?

  1. The ordinance violates equal protection.
  2. The ordinance constitutes a regulatory taking.
  3. The ordinance is an impermissible content-based restriction.
  4. The ordinance violates procedural due process.

39. A state imposed an income tax surcharge on nonresident workers who spend fewer than 90 days per year in the state. A commuter from a neighboring state challenged the law.

What is the most relevant constitutional principle?

  1. The Privileges and Immunities Clause.
  2. The Contracts Clause.
  3. Equal Protection.
  4. The Free Exercise Clause.

40. Congress enacted a law granting federal courts the discretion to reopen final judgments at any time based on evolving norms of international law. A litigant challenged the statute.

What is the strongest constitutional concern?

  1. Violation of the Double Jeopardy Clause.
  2. Intrusion on the Take Care Clause.
  3. Violation of the Separation of Powers through undermining finality.
  4. Violation of the Commerce Clause.

41. A state law allowed public hospitals to require nurses to disclose their political affiliations as a condition of employment. A nurse who declined was fired and brought a constitutional challenge.

What is the most appropriate analysis?

  1. The law violates procedural due process.
  2. The law is constitutional under the Tenth Amendment.
  3. The law violates the Freedom of Association.
  4. The law is valid as a neutral employment regulation.

42. Congress passed legislation authorizing federal courts to hear cases involving disputes between two foreign governments over territorial claims. One government sued the other in federal court.

What is the court’s best response?

  1. Resolve the case under diversity jurisdiction.
  2. Exercise original jurisdiction over foreign disputes.
  3. Dismiss the case under the political question doctrine.
  4. Hear the case if the Senate ratified the relevant treaty.

43. A state imposed a property tax that applied only to vacation homes owned by nonresidents. A resident of another state sued.

What is the strongest constitutional argument against the tax?

  1. It violates procedural due process.
  2. It violates the Dormant Commerce Clause.
  3. It violates the Equal Protection Clause.
  4. It violates the Privileges and Immunities Clause.

44. A federal law prohibited public employees from criticizing Congress while on duty. An employee who made a public comment at work about a spending bill was disciplined. She sued under the First Amendment.

What is the likely outcome?

  1. The law is constitutional because criticism undermines loyalty.
  2. The law is unconstitutional because it targets a specific branch.
  3. The law is constitutional because the employee spoke during work hours.
  4. The law is unconstitutional as a viewpoint-based restriction on speech.

45. A state bar regulation prohibited political organizations from endorsing judicial candidates. A nonprofit group sued, arguing the rule burdened its rights.

Which constitutional freedom is most directly implicated?

  1. Freedom of the press.
  2. The Establishment Clause.
  3. Freedom of speech.
  4. The Takings Clause.

46. Congress passed a statute allowing a committee of five senators to veto any federal regulation within 90 days of issuance. A company sued to challenge the process after its industry was affected.

What is the best constitutional argument?

  1. The statute violates the Supremacy Clause.
  2. The statute violates the Guarantee Clause.
  3. The statute violates bicameralism and presentment requirements.
  4. The statute violates the Equal Protection Clause.

47. A local ordinance banned religious gatherings in public parks after 5 p.m. but allowed secular events until sunset. A church group challenged the ordinance.

What is the likely result?

  1. The ordinance is valid because it treats all religious groups equally.
  2. The ordinance is invalid because it discriminates based on content.
  3. The ordinance is valid because it restricts conduct, not belief.
  4. The ordinance is invalid because it violates the ministerial exception.

48. A federal law limited commercial advertising about prescription drugs to government-approved statements. A pharmacist who violated the rule was fined and challenged the restriction.

What is the best constitutional analysis?

  1. Commercial speech receives no protection under the First Amendment.
  2. Content-based regulations of commercial speech are always valid.
  3. Commercial speech is protected if not misleading and promotes lawful activity.
  4. Commercial speech can only be regulated if approved by Congress.

49. A public university denied recognition to a student group that limited membership based on shared religious beliefs. The group sued.

What is the most appropriate constitutional claim?

  1. Violation of the Establishment Clause.
  2. Violation of the Free Speech Clause.
  3. Violation of the Due Process Clause.
  4. Violation of the Free Exercise Clause.

50. A city offered subsidies to all newspaper publishers except those that had criticized the mayor within the previous year. A publisher denied the subsidy sued.

What is the likely constitutional outcome?

  1. The subsidy is valid as a discretionary government benefit.
  2. The subsidy is invalid because it imposes an unconstitutional condition.
  3. The subsidy is valid because criticism is not protected in public programs.
  4. The subsidy is invalid under the Contracts Clause.