OK Bar OK Bar Constitutional Law 5

Question 1

Under the non-delegation doctrine, Congress may delegate legislative power to an executive agency only if it:

Accepted Answer

Provides an intelligible principle to guide the agency's exercise of the delegated authority

Answer

The non-delegation doctrine requires that Congress provide an intelligible principle constraining the agency's discretion; without it, the delegation is an unconstitutional transfer of legislative power.

Question 2

When the government seeks to introduce evidence obtained in violation of the Fourth Amendment, the exclusionary rule's primary purpose is to:

Accepted Answer

Deter future police misconduct by removing the incentive to conduct unconstitutional searches

Answer

The Supreme Court has consistently held that the primary, and essentially sole, purpose of the exclusionary rule is deterrence of future Fourth Amendment violations by law enforcement.

Question 3

The Contracts Clause of Article I, Section 10 prohibits states from passing laws that impair the obligation of contracts. Modern doctrine applies this clause to state impairment of:

Accepted Answer

Both private contracts and contracts to which the state itself is a party, with greater scrutiny for impairment of private contracts

Answer

The Contracts Clause applies to both private contracts and state contracts, but the Court applies more exacting scrutiny when the state impairs its own contractual obligations because of the self-interest concern.

Question 4

A federal statute pre-empts state law under the Supremacy Clause when:

Accepted Answer

Congress expressly pre-empts state law, federal law impliedly occupies the field, or state law conflicts with federal law

Answer

Federal pre-emption occurs through express pre-emption clauses, field pre-emption (pervasive scheme implying exclusivity), or conflict pre-emption (impossibility or obstacle to federal objectives).

Question 5

Under the equal protection analysis for sex-based classifications, the government must show that the classification:

Accepted Answer

Is substantially related to an important government interest

Answer

Sex-based classifications are subject to intermediate scrutiny: the government bears the burden of showing the classification is substantially related to an important governmental interest.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar OK Bar Constitutional Law 5