FREE OR Bar Constitutional Law Questions and Answers
Which of the following is a fundamental right protected by the Oregon Constitution but not explicitly enumerated in the U.S. Constitution?
While the U.S. Constitution does not explicitly enumerate a right to privacy, the Oregon Constitution includes a broader right to privacy under Article I, Section 9. This right has been interpreted to provide a higher level of privacy protection in Oregon compared to federal standards.
What is the Oregon constitutional provision that guarantees the right to a fair trial?
Article I, Section 11 of the Oregon Constitution guarantees the right to a fair trial, including the right to a jury trial in civil cases and the right to be heard in criminal cases. This provision mirrors the Sixth Amendment of the U.S. Constitution in its protection of the right to a fair trial but is specific to Oregon's constitutional framework.
The Oregon Constitution provides for a unique form of direct democracy. Which of the following mechanisms is NOT included?
The Oregon Constitution allows for initiatives, referendums, and recalls as mechanisms of direct democracy. Judicial review, however, is a process where courts interpret the constitutionality of laws and is not a direct democracy mechanism. Judicial review is a function of the judiciary and is part of the checks and balances system.
Which amendment to the Oregon Constitution addresses the protection of religious freedoms?
Article I, Section 3 of the Oregon Constitution guarantees the free exercise of religion and prohibits laws establishing a state religion or infringing upon religious practices. This section is similar in its protection of religious freedoms to the First Amendment of the U.S. Constitution.
Under the Oregon Constitution, what standard of review is applied to determine if a law that discriminates on the basis of gender is constitutional?
The Oregon Constitution applies intermediate scrutiny to laws that discriminate based on gender. This means that the law must serve an important governmental interest and be substantially related to achieving that interest. This standard is less stringent than strict scrutiny but more rigorous than rational basis review.