MBE Sample – Question 3 - Actual
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MBE Sample - Question 3
To keep its public school expenditures under control in a time of increasing costs, a state passed a law providing that children who have not lived in the state for at least one year cannot attend public schools in the state.
Which of the following statements about this law is most accurate as a matter of constitutional law?
A
The one-year residence requirement is valid because it does not affect any fundamental right or suspect class.
B
State durational residence requirements that are established for publicly funded services are constitutional because they relate to government operations reserved exclusively to the states by the Tenth Amendment.
C
Because publicly funded education is a fundamental constitutional right, a state may not deny it to any class of persons who reside in that state.
D
State durational residence requirements established for this kind of publicly funded service solely for the purpose of reducing state expenditures violate the privileges or immunities clause of the Fourteenth Amendment.
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