Constitutional Law (Foundational) Question Pack - Questions and Answers

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.

Correct Answer: A

Explanation: Taxpayers generally lack standing to challenge federal spending decisions unless a specific exception applies (e.g., Establishment Clause). The injury alleged is too generalized.

Why the other options are incorrect
B misstates standing doctrine.
C ripeness is not the issue here.
D overstates judicial review of appropriations.

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.

Correct Answer: D

Explanation: The power to remove executive officials is primarily an executive function. Congress cannot condition removals on prior consultation without violating separation of powers.

Why the other options are incorrect
A is inapplicable—this is about separation, not classification.
B is unrelated—no commerce regulation is involved.
C misapplies delegation doctrine.

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.

Correct Answer: D

Explanation: The Supremacy Clause and intergovernmental immunity prevent states from regulating or penalizing the lawful activities of federal officers acting in their official capacity.

Why the other options are incorrect
A and B ignore federal immunity.
C applies to suits against states, not federal preemption.

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.

Correct Answer: B

Explanation: Courts often refrain from adjudicating political questions that lack manageable standards or are textually committed to another branch, such as certain gerrymandering disputes.

Why the other options are incorrect
A and C refer to timing, not justiciability.
D is incorrect if plaintiffs alleged concrete harm.

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.

Correct Answer: A

Explanation: Congress’s commerce power does not extend to wholly intrastate activities that do not have a substantial effect on interstate commerce. Goods sold only within one state may fall outside its reach.

Why the other options are incorrect
B is about appropriations, not regulation.
C isn’t implicated.
D enables other powers but doesn’t provide independent authority.

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.

Correct Answer: B

Explanation: The restriction applies uniformly regardless of message, and it serves significant interests (peace and quiet) through a narrowly tailored method.

Why the other options are incorrect
A and C mischaracterize the ordinance.
D is incorrect—political marches are protected 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.

Correct Answer: B

Explanation: The Equal Protection Clause applies to government conduct. A private party is not bound by it unless acting under color of law or entangled with the state.

Why the other options are incorrect
A and D are not dispositive here.
C misplaces the issue—it’s not about Congress’s enforcement.

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.

Correct Answer: C

Explanation: When the government opens a public forum, it generally cannot favor religious speech over secular viewpoints without running afoul of the Free Speech Clause.

Why the other options are incorrect
A concerns religious burdens.
B applies when the government endorses religion.
D is less precise than viewpoint discrimination under speech.

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.

Correct Answer: B

Explanation: Congress may attach conditions to funding if those conditions are clear, related to the program, and not coercive.

Why the other options are incorrect
A misconstrues the cooperative spending framework.
C misstates the scope of federal powers.
D may support some regulation, but the spending clause is the better basis.

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.

Correct Answer: D

Explanation: Flag burning is considered symbolic speech, and laws that prohibit it entirely violate the First Amendment, even if content-neutral on their face.

Why the other options are incorrect
A and B are insufficient to justify the suppression.
C applies to economic regulation, not core speech.

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.

Correct Answer: A

Explanation: Federal courts cannot issue advisory opinions. They may only adjudicate actual cases and controversies with concrete legal disputes.

Why the other options are incorrect
B and D misstate judicial authority.
C ignores that the limitation is constitutional, not statutory.

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.

Correct Answer: A

Explanation: Denying recognition of lawful out-of-state marriages based on sexual orientation triggers heightened scrutiny under equal protection.

Why the other options are incorrect
B does not bar private suits for constitutional violations.
C is superseded when fundamental rights are involved.
D is unrelated to marriage recognition.

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.

Correct Answer: B

Explanation: The regulation sweeps too broadly and restricts a substantial amount of protected expression, violating the First Amendment’s overbreadth doctrine.

Why the other options are incorrect
A doesn’t apply where no classification is involved.
C is irrelevant, this is a federal rule.
D is not implicated here.

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.

Correct Answer: C

Explanation: The First Amendment prohibits compelling newspapers to publish government-mandated content. This is a form of compelled speech.

Why the other options are incorrect
A is insufficient to override free press protections.
B misapplies the doctrine, this isn’t commercial speech.
D is unrelated.

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.

Correct Answer: C

Explanation: Denying access to a public forum based on cost concerns connected to the group’s message is a form of prohibited viewpoint discrimination.

Why the other options are incorrect
A does not apply to local permit decisions.
B misstates the issue, it’s a content concern, not process.
D is irrelevant, judicial approval is not required for such denials.

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.

Correct Answer: C

Explanation: Congress may not delegate legislative power without clear guiding principles. Granting lawmaking and enforcement to the same agency raises separation concerns.

Why the other options are incorrect
A concerns execution of law, not delegation.
B misidentifies the constitutional issue.
D is unrelated, this clause concerns recognition of judgments.

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.

Correct Answer: C

Explanation: The Eleventh Amendment protects states from private suits for damages in federal court unless immunity has been clearly waived or abrogated.

Why the other options are incorrect
A and B don’t override sovereign immunity.
D overstates jurisdictional limits, federal courts can hear suits against states only in limited circumstances.

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.

Correct Answer: D

Explanation: Federal discrimination without a rational basis can violate equal protection principles incorporated through the Due Process Clause of the Fifth Amendment.

Why the other options are incorrect
A only applies to state interference with contracts.
B applies to state laws, not federal.
C is less precise, Congress has broad taxing power.

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

Explanation: Political speech receives the highest level of protection. Content-based restrictions must pass strict scrutiny and are typically invalid.

Why the other options are incorrect
B misstates doctrine, public figures are not less protected when criticizing government.
C misapplies the standard.
D is inapplicable unless employment is involved.

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.

Correct Answer: C

Explanation: Compelling individuals to renounce lawful affiliations burdens freedom of association, which is protected under the First Amendment.

Why the other options are incorrect
A deals with property rights.
B addresses religion.
D may be implicated, but associational rights are the core issue.

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.

Correct Answer: C

Explanation: Government employees retain First Amendment rights. Broad bans on private political activity are subject to strict scrutiny and often fail as overbroad.

Why the other options are incorrect
A and D ignore heightened protection for core political activity.
B does not apply, this isn’t a national security case.

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.

Correct Answer: D

Explanation: Congress can condition federal funding on institutions providing equal access to military recruiters, as long as conditions are clear and non-coercive.

Why the other options are incorrect
A and B are inapplicable to funding conditions.
C mischaracterizes campus access as a speech forum issue.

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.

Correct Answer: A

Explanation: Taxpayer standing is generally unavailable unless alleging a specific Establishment Clause violation, and even then is tightly limited.

Why the other options are incorrect
B and D assume liability not supported by the facts.
C is inaccurate if funds are used to advance religion.

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.

Correct Answer: D

Explanation: Economic regulations are subject to rational basis review under the Due Process Clause. The right to pursue a specific occupation is not fundamental.

Why the other options are incorrect
A applies to fundamental rights, which this is not.
B would apply only if a suspect class were involved.
C concerns interstate rights, not occupational licensing.

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.

Correct Answer: B

Explanation: Reasonable restrictions on where and how speech occurs are permissible if content-neutral, justified, and leave open alternative channels.

Why the other options are incorrect
A misstates the regulation, it’s content-neutral.
C and D elevate press rights beyond what’s constitutionally required.

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.

Correct Answer: C

Explanation: The Presentment Clause requires congressional spending decisions to be respected. The president may not unilaterally override funding allocations.

Why the other options are incorrect
A underestimates executive authority.
B is about legislative delegations.
D is irrelevant to separation of powers.

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.

Correct Answer: B

Explanation: Discriminatory laws that burden interstate commerce typically violate the Dormant Commerce Clause unless narrowly tailored and justified.

Why the other options are incorrect
A and C ignore the discriminatory nature.
D applies to interference with contracts, not market access.

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.

Correct Answer: A

Explanation: Student speech in school is protected so long as it does not cause substantial disruption, based on the Tinker v. Des Moines standard.

Why the other options are incorrect
B and C conflict with student rights precedent.
D is too limited, student rights don't disappear at the schoolhouse gate.

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.

Correct Answer: D

Explanation: Congress may not delegate its legislative function without intelligible principles. Unfettered power to define crimes raises delegation issues.

Why the other options are incorrect
A and B are not directly implicated.
C governs appointments, not lawmaking authority.

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.

Correct Answer: A

Explanation: Economic impact alone from a general zoning regulation typically does not constitute a compensable taking under the Fifth Amendment.

Why the other options are incorrect
B and D misapply takings remedies.
C confuses takings with substantive due process.

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.

Correct Answer: D

Explanation: Government may not condition employment on abandoning lawful associations. Loyalty oaths targeting beliefs or affiliations burden associational freedom.

Why the other options are incorrect
A involves religious liberty, which isn’t implicated here.
B applies to procedures, not belief-based disqualifications.
C is relevant only where classifications are present.

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.

Correct Answer: B

Explanation: Once the government funds private institutions neutrally, excluding religious options solely because of their religious character is discriminatory under Free Exercise.

Why the other options are incorrect
A and C misapply the Establishment Clause, it doesn’t require exclusion.
D misstates the basis, it’s viewpoint discrimination, not unequal treatment of persons.

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.

Correct Answer: B

Explanation: The Constitution guarantees trial by jury in criminal cases. Military courts may not try civilians for non-military offenses in peacetime.

Why the other options are incorrect
A and C improperly expand executive and legislative powers.
D misstates the issue, jurisdiction exists to review constitutional errors.

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.

Correct Answer: B

Explanation: Discriminatory state laws favoring in-state businesses generally violate the Dormant Commerce Clause, even in alcohol regulation unless justified by legitimate local interests.

Why the other options are incorrect
A misstates the Twenty-First Amendment’s limited reach.
C ignores the clear economic discrimination.
D is not implicated.

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.

Correct Answer: B

Explanation: Congress cannot strip courts of jurisdiction in a way that prevents the judiciary from fulfilling its constitutional role to interpret the law.

Why the other options are incorrect
A, C, and D may relate to the underlying law, but not to the jurisdictional defect.

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.

Correct Answer: D

Explanation: Public employees retain free speech rights when speaking as private citizens on matters of public concern, even if critical of their employers.

Why the other options are incorrect
A and B impose limits not recognized by courts.
C reverses the correct rule, official capacity speech receives less protection.

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.

Correct Answer: B

Explanation: Disclosure laws promote transparency. A blanket anonymity requirement impedes associational and expressive rights and will likely fail strict scrutiny.

Why the other options are incorrect
A overstates the justification.
C ignores constitutional limits.
D misstates the applicable standard, it applies broadly.

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.

Correct Answer: C

Explanation: Excluding private messages while allowing government speech is a content-based restriction and must meet strict scrutiny.

Why the other options are incorrect
A and D are misapplied.
B does not involve property seizure or value diminution.

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.

Correct Answer: A

Explanation: The Privileges and Immunities Clause prohibits discrimination against nonresidents in activities essential to national unity, like earning a living.

Why the other options are incorrect
B relates to contractual obligations.
C applies if there's classification, but P&I is more precise here. 
D is unrelated. 

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.

Correct Answer: C

Explanation: Congress cannot authorize courts to overturn final judgments indefinitely, as this undermines judicial independence and the separation of powers.

Why the other options are incorrect
A applies only to criminal retrials.
B affects the executive, not judiciary.
D is irrelevant.

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.

Correct Answer: C

Explanation: The government cannot condition public employment on disclosure of protected political associations without a compelling reason. This violates First Amendment associational rights.

Why the other options are incorrect
A is inapplicable, no procedure is at issue.
B does not allow states to override constitutional rights.
D misstates the heightened scrutiny for associational burdens.

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.

Correct Answer: C

Explanation: Territorial disputes between foreign sovereigns lack judicially manageable standards and are often considered nonjusticiable political questions.

Why the other options are incorrect
A diversity jurisdiction requires private parties.
B is limited to certain cases spelled out in the Constitution.
D does not grant subject-matter jurisdiction.

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.

Correct Answer: D

Explanation: The Privileges and Immunities Clause prohibits states from discriminating against nonresidents in areas fundamental to interstate harmony, such as property ownership.

Why the other options are incorrect
A concerns procedures, not classifications.
B may apply, but P&I is more precise for individual rights.
C is a fallback but doesn’t trigger heightened scrutiny here.

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.

Correct Answer: D

Explanation: The government cannot condition employment on suppressing specific viewpoints. Restrictions that target criticism of a branch are viewpoint-based and presumptively invalid.

Why the other options are incorrect
A and C mischaracterize the protected nature of speech.
B identifies a nuance, but the viewpoint basis is more central.

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.

Correct Answer: C

Explanation: Endorsing candidates is expressive conduct. Restrictions on such political speech are subject to strict scrutiny under the First Amendment.

Why the other options are incorrect
A protects media, not general political expression.
B is unrelated to political endorsements.
D concerns property rights.

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.

Correct Answer: C

Explanation: Legislative vetoes that bypass bicameral passage and presentment to the president are unconstitutional. All legislative action must go through that process.

Why the other options are incorrect
A and B are not relevant to procedural legislation.
D is inapplicable, no classification is at issue.

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.

Correct Answer: B

Explanation: The ordinance discriminates based on content, religious vs. secular expression and will be subject to strict scrutiny.

Why the other options are incorrect
A overlooks the unequal treatment.
C is incorrect, time limits targeting religion regulate expression.
D relates to employment decisions by religious organizations.

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.

Correct Answer: C

Explanation: Commercial speech may be regulated, but restrictions must serve a substantial interest and be narrowly tailored if the speech is truthful and lawful.

Why the other options are incorrect
A and B misstate commercial speech doctrine.
D limits regulation too narrowly.

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.

Correct Answer: D

Explanation: Denying recognition based on religious membership criteria burdens Free Exercise rights, especially when other groups are granted access.

Why the other options are incorrect
A applies to government endorsement, not suppression.
B may overlap, but Free Exercise is more precise.
C is too general.

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.

Correct Answer: B

Explanation: The government cannot condition benefits on refraining from protected speech. This is a classic unconstitutional conditions case.

Why the other options are incorrect
A and C ignore the speech penalty.
D applies to state laws impairing contracts.