OR Bar Constitutional Rights and Liberties 5

Question 1

The Equal Protection Clause requires 'strict scrutiny' when a law classifies individuals based on which of the following?

Accepted Answer

Race or national origin

Answer

Race and national origin are suspect classifications that trigger strict scrutiny, requiring a compelling government interest and narrow tailoring to survive equal protection challenge.

Question 2

The Fourteenth Amendment's incorporation doctrine has made which of the following applicable to state governments?

Accepted Answer

Nearly all provisions of the Bill of Rights through selective incorporation via the Due Process Clause

Answer

Through selective incorporation, the Supreme Court has applied nearly all Bill of Rights provisions to the states via the Fourteenth Amendment's Due Process Clause on a right-by-right basis.

Question 3

Under Craig v. Boren, a state law setting different legal drinking ages for men and women would be subject to which standard?

Accepted Answer

Intermediate scrutiny, because the classification is based on sex

Answer

Sex-based classifications receive intermediate scrutiny under Craig v. Boren, requiring the government to show the classification is substantially related to an important government interest.

Question 4

The right to privacy recognized in Griswold v. Connecticut and its progeny protects which of the following from state interference under substantive due process?

Accepted Answer

Intimate decisions within marriage and family life rooted in liberty traditions

Answer

Griswold and subsequent cases protect intimate decisions rooted in the concept of ordered liberty and deeply embedded in the nation's traditions, particularly within the marital relationship and family.

Question 5

State action is generally required for a constitutional rights claim. Which of the following is MOST likely to constitute state action?

Accepted Answer

A private university in a contract with the state to operate a public library

Answer

The public function doctrine and entanglement doctrine find state action when a private entity performs a traditional governmental function or is so entwined with the state as to be treated as a state actor.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Constitutional Rights and Liberties 5