OR Bar Constitutional Law 2

Question 1

A city ordinance prohibits all leafleting on public sidewalks to prevent litter. Under First Amendment analysis, this ordinance is most likely:

Accepted Answer

Unconstitutional because public sidewalks are traditional public forums

Answer

Public sidewalks are traditional public forums where content-neutral restrictions must be narrowly tailored to serve a significant interest, and a total ban on leafleting is not narrowly tailored.

Question 2

Which doctrine allows courts to strike down a vague criminal statute that fails to give fair notice of what conduct is prohibited?

Accepted Answer

Void for vagueness doctrine

Answer

The void for vagueness doctrine under the Due Process Clause requires criminal statutes to define offenses with sufficient clarity that ordinary people can understand what conduct is prohibited.

Question 3

A state law requires all private clubs with more than 400 members to admit women. A male-only private club challenges the law. The strongest constitutional basis for upholding the law is:

Accepted Answer

The state's police power to regulate large associations

Answer

States may regulate private clubs under their broad police power, particularly when the club is large enough that exclusion of women substantially affects their economic and social opportunities.

Question 4

Under the Establishment Clause, which test did the Supreme Court apply in Lemon v. Kurtzman to evaluate government aid to religious schools?

Accepted Answer

The Lemon three-part test requiring secular purpose, neither advancing nor inhibiting religion, and no excessive entanglement

Answer

Lemon v. Kurtzman established a three-part test: the law must have a secular legislative purpose, its principal effect must neither advance nor inhibit religion, and it must not foster excessive government entanglement with religion.

Question 5

A federal statute requires state legislatures to enact certain environmental standards or else the federal government will regulate directly. Under New York v. United States, this law is:

Accepted Answer

Unconstitutional as commandeering state legislatures

Answer

New York v. United States held that Congress may not compel state legislatures to enact or administer federal regulatory programs, as this violates the anti-commandeering principle.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Constitutional Law 2