OR Bar Constitutional Law 5

Question 1

Under the political question doctrine, a court will decline to hear a constitutional challenge when:

Accepted Answer

The issue is textually committed to another branch of government

Answer

Under Baker v. Carr, the political question doctrine applies when there is a textually demonstrable constitutional commitment of the issue to a coordinate political department, among other factors.

Question 2

Congress enacts a law that delegates broad regulatory authority to an executive agency to regulate 'in the public interest.' Under the non-delegation doctrine, this delegation is most likely:

Accepted Answer

Constitutional as long as it contains some intelligible principle guiding the agency

Answer

The non-delegation doctrine requires that Congress provide an intelligible principle to guide executive discretion; historically, courts have upheld very broad delegations so long as some guiding standard exists.

Question 3

A state law requires all out-of-state wine sellers to use in-state distributors, while allowing in-state wineries to sell directly to consumers. Under Granholm v. Heald, this law is:

Accepted Answer

Unconstitutional because it discriminates against interstate commerce in violation of the Commerce Clause

Answer

Granholm v. Heald held that the Twenty-First Amendment does not immunize state alcohol regulations from Commerce Clause scrutiny, and discriminatory direct-shipping laws violate the dormant Commerce Clause.

Question 4

A government employee is fired for making statements to a supervisor about office budget mismanagement in the course of performing official duties. Under Garcetti v. Ceballos, this termination is:

Accepted Answer

Constitutional because speech made pursuant to official duties is not protected by the First Amendment

Answer

Garcetti v. Ceballos held that when public employees make statements pursuant to their official duties, they are not speaking as citizens for First Amendment purposes, and the government may discipline them for such speech.

Question 5

A state court issues an injunction prohibiting a newspaper from publishing information about an ongoing criminal trial to protect the defendant's right to a fair trial. Under Nebraska Press Ass'n v. Stuart, this injunction is:

Accepted Answer

Presumptively unconstitutional as a prior restraint that must meet a very heavy burden of justification

Answer

Nebraska Press Ass'n v. Stuart held that prior restraints on the press come to court with a heavy presumption against constitutional validity, and gag orders on the media require an extraordinary showing of necessity.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Constitutional Law 5