OK Bar OK Bar Constitutional Law 4

Question 1

Under the Dormant Commerce Clause, a state law that discriminates against interstate commerce on its face will be upheld only if:

Accepted Answer

It serves a legitimate local purpose that cannot be achieved through non-discriminatory alternatives

Answer

Facially discriminatory state laws are subject to a near-per-se rule of invalidity and will only survive if the state shows a legitimate local purpose with no nondiscriminatory alternatives.

Question 2

The Privileges or Immunities Clause of the Fourteenth Amendment, as interpreted after the Slaughterhouse Cases, protects:

Accepted Answer

Rights of national citizenship, such as access to federal offices and interstate travel

Answer

After Slaughterhouse Cases (1873), the Fourteenth Amendment's Privileges or Immunities Clause was narrowly interpreted to cover only rights of national citizenship, not the broad set of civil rights.

Question 3

A law conditioning a government benefit on the recipient's agreement not to engage in constitutionally protected speech is best analyzed under which doctrine?

Accepted Answer

Unconstitutional conditions doctrine

Answer

The unconstitutional conditions doctrine prohibits the government from conditioning a benefit on the waiver of a constitutional right it could not otherwise abridge directly.

Question 4

Which standard applies when a state law regulates commercial speech?

Accepted Answer

The Central Hudson four-part test requiring a substantial government interest and reasonable fit

Answer

Central Hudson Gas v. Public Service Commission established a four-part test: the speech must concern lawful activity and not be misleading, the government interest must be substantial, the regulation must directly advance that interest, and must be no more extensive than necessary.

Question 5

Under the Establishment Clause, the Lemon test requires that a government action:

Accepted Answer

Have a secular legislative purpose, neither advance nor inhibit religion, and avoid excessive entanglement

Answer

Lemon v. Kurtzman (1971) established the three-pronged Lemon test: secular purpose, primary effect that neither advances nor inhibits religion, and no excessive government entanglement with religion.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar OK Bar Constitutional Law 4