AR Bar Constitutional Law 2 — Questions and Answers
Question 1: Under the U.S. Constitution's Supremacy Clause, when does a federal law preempt an Arkansas state law?
- Whenever the state law is more protective of individual rights
- When Congress has occupied the field or when state law conflicts with federal law (Correct answer)
- Only when the President issues an executive order
- Only when a majority of states have the same law
Correct answer: When Congress has occupied the field or when state law conflicts with federal law
Preemption occurs when Congress has expressly or impliedly occupied a regulatory field, or when state law directly conflicts with federal law.
Question 2: Under the Arkansas Constitution, how many members compose the Arkansas House of Representatives?
- 35
- 75
- 100 (Correct answer)
- 135
Correct answer: 100
The Arkansas House of Representatives has 100 members, each serving two-year terms.
Question 3: The Fourteenth Amendment's Due Process Clause protects against deprivation of life, liberty, or property without due process. Which type of due process requires a fair hearing before deprivation?
- Substantive due process
- Procedural due process (Correct answer)
- Administrative due process
- Legislative due process
Correct answer: Procedural due process
Procedural due process requires fair procedures — such as notice and a hearing — before the government deprives someone of a protected interest.
Question 4: Under the Arkansas Constitution, which power does the Governor NOT possess?
- Veto legislation
- Pardon convicted felons
- Declare legislation unconstitutional (Correct answer)
- Call special sessions of the General Assembly
Correct answer: Declare legislation unconstitutional
The power to declare laws unconstitutional belongs exclusively to the judiciary — the Governor may veto, pardon, and call special sessions but cannot strike down laws.
Question 5: Under the Takings Clause of the Fifth Amendment, private property may be taken for public use only if:
- The government pays an amount the government determines is fair
- Just compensation is paid to the property owner (Correct answer)
- The legislature approves the taking by a supermajority
- The property is unoccupied
Correct answer: Just compensation is paid to the property owner
The Takings Clause requires 'just compensation' — fair market value — to be paid when the government takes private property for public use.
Question 6: Under strict scrutiny, a law will be upheld only if:
- It is rationally related to a legitimate government interest
- It is necessary to achieve a compelling government interest and is narrowly tailored (Correct answer)
- It substantially relates to an important interest
- The legislature intended a rational purpose
Correct answer: It is necessary to achieve a compelling government interest and is narrowly tailored
Strict scrutiny requires the government to show the law is narrowly tailored to advance a compelling government interest — the most demanding standard of constitutional review.
AR Bar Constitutional Law 2
Under the U.S.
Constitution's Supremacy Clause, when does a federal law preempt an Arkansas state law?