OR Bar Constitutional Law 3

Question 1

A state law grants in-state businesses a 5% tax preference over out-of-state competitors bidding on government contracts. Under the Dormant Commerce Clause, this law is most likely:

Accepted Answer

Constitutional as a market participant exception since the state is the buyer

Answer

The market participant exception allows states to favor in-state firms when acting as a buyer or seller in the market rather than as a regulator, so a state may prefer in-state bidders for government contracts.

Question 2

Under the Equal Protection Clause, classifications based on sex are subject to:

Accepted Answer

Intermediate scrutiny — the classification must be substantially related to an important government interest

Answer

Gender-based classifications receive intermediate scrutiny under Equal Protection, requiring the government to show the classification is substantially related to an important governmental interest.

Question 3

The President vetoes a bill, and Congress overrides the veto with a two-thirds majority in both chambers. The President then refuses to enforce the law. This refusal is:

Accepted Answer

Unconstitutional because the President must faithfully execute the laws

Answer

Article II, Section 3 requires the President to 'take Care that the Laws be faithfully executed,' and a President generally may not simply refuse to enforce a duly enacted statute.

Question 4

A state passes a law making it a crime to burn the state flag. Under Texas v. Johnson principles, this law is:

Accepted Answer

Unconstitutional because flag burning is protected symbolic speech

Answer

Following Texas v. Johnson, burning a flag as a form of political protest is protected symbolic speech under the First Amendment, and government may not prohibit it merely because it disapproves of the message.

Question 5

Which clause prevents states from denying citizens of other states the fundamental rights they grant their own citizens?

Accepted Answer

The Privileges and Immunities Clause of Article IV, Section 2

Answer

The Privileges and Immunities Clause of Article IV, Section 2 prohibits states from discriminating against non-residents with respect to fundamental rights such as pursuing a livelihood or accessing courts.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Constitutional Law 3