OR BAR Constitutional Law 1 — Questions and Answers

Question 1: Which of the following is a fundamental right protected by the Oregon Constitution but not explicitly enumerated in the U.S. Constitution?

Right to privacy (Correct answer)
Right to free speech
Right to a jury trial
Right to bear arms

Correct answer: Right to privacy

While the U.S. Constitution implies a right to privacy through various amendments, the Oregon Constitution explicitly enumerates and protects the right to privacy. Article I, Section 9 of the Oregon Constitution provides stronger protections against government intrusion into private affairs than its federal counterpart. This makes the right to privacy a fundamental right uniquely and explicitly enshrined in Oregon's state constitution.

Question 2: Under the Oregon Constitution, what standard of review is applied to determine if a law that discriminates on the basis of gender is constitutional?

Rational basis review
Intermediate scrutiny (Correct answer)
Strict scrutiny
None of the above

Correct answer: Intermediate scrutiny

Under the Oregon Constitution, laws that discriminate on the basis of gender are subject to intermediate scrutiny. This standard requires the government to show that the classification serves important governmental objectives and is substantially related to the achievement of those objectives. This is a higher standard than rational basis review but less stringent than strict scrutiny, reflecting Oregon's commitment to gender equality.

Question 3: The Oregon Constitution provides for a unique form of direct democracy. Which of the following mechanisms is NOT included?

Initiative
Referendum
Recall
Judicial review (Correct answer)

Correct answer: Judicial review

The Oregon Constitution provides for several mechanisms of direct democracy, including the initiative (allowing citizens to propose and enact laws), referendum (allowing citizens to approve or reject laws passed by the legislature), and recall (allowing citizens to remove elected officials). Judicial review, while a critical function of the judiciary, is the power of courts to determine the constitutionality of laws and is not a mechanism of direct citizen participation in lawmaking or governance.

Question 4: Which amendment to the Oregon Constitution addresses the protection of religious freedoms?

Article I, Section 2
Article I, Section 3 (Correct answer)
Article I, Section 4
Article I, Section 5

Correct answer: Article I, Section 3

Article I, Section 3 of the Oregon Constitution specifically addresses religious freedom, stating that 'No law shall in any case whatever control the free exercise, and enjoyment of religious opinions, or interfere with the rights of conscience.' This provision ensures that individuals have the right to practice their religion freely and prohibits the government from establishing or interfering with religious beliefs. It is a foundational protection for religious liberty in the state.

Question 5: What is the Oregon constitutional provision that guarantees the right to a fair trial?

Article I, Section 11 (Correct answer)
Article I, Section 11
Article I, Section 13
Article I, Section 14

Correct answer: Article I, Section 11

Article I, Section 11 of the Oregon Constitution guarantees the right to a fair trial for criminal defendants. This section outlines several fundamental protections, including the right to a speedy and public trial, the right to an impartial jury, the right to confront witnesses, and the right to counsel. These provisions collectively ensure due process and a just legal proceeding for those accused of crimes in Oregon.

OR BAR Constitutional Law 1

Which of the following is a fundamental right protected by the Oregon Constitution but not explicitly enumerated in the U.S.
Constitution?