OK Bar OK Bar Constitutional Law 2

Question 1

What is the 'state action' requirement under the Fourteenth Amendment?

Accepted Answer

Constitutional rights generally only protect against government, not private, conduct

Answer

The Fourteenth Amendment's protections apply only to government actors, not purely private conduct.

Question 2

Under the non-delegation doctrine, Congress may delegate legislative power to agencies if it provides:

Accepted Answer

An intelligible principle to guide the agency

Answer

Delegations of legislative power are constitutional so long as Congress supplies an intelligible principle to guide agency discretion.

Question 3

Executive privilege protects presidential communications from disclosure but is:

Accepted Answer

Subject to override when there is a demonstrated specific need for evidence

Answer

Executive privilege is a qualified privilege that may be overcome by a demonstrated, specific evidentiary need as established in United States v. Nixon.

Question 4

The Establishment Clause is MOST accurately described as prohibiting:

Accepted Answer

Government laws respecting an establishment of religion

Answer

The Establishment Clause forbids government laws respecting an establishment of religion, preventing official state sponsorship of religion.

Question 5

Oklahoma's constitution, compared to the U.S. Constitution, generally:

Accepted Answer

May provide greater, but not lesser, individual rights

Answer

State constitutions may provide broader protections than the federal constitution but cannot provide less than the federal floor.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar OK Bar Constitutional Law 2