AR Bar Constitutional Law 1 — Questions and Answers
Question 1: The Arkansas Constitution of 1874 provides that the Governor serves a term of:
- 2 years
- 4 years (Correct answer)
- 6 years
- 8 years
Correct answer: 4 years
The Arkansas Governor serves a four-year term under the Arkansas Constitution, with a two-consecutive-term limit.
Question 2: Under the Arkansas Constitution, the Supreme Court of Arkansas consists of how many justices?
- 5
- 7 (Correct answer)
- 9
- 11
Correct answer: 7
The Arkansas Supreme Court consists of seven justices — a Chief Justice and six Associate Justices.
Question 3: Under the First Amendment as applied to Arkansas, which standard applies when a content-neutral regulation incidentally burdens speech?
- Strict scrutiny
- Intermediate scrutiny (O'Brien test): the regulation must advance an important government interest unrelated to suppression of speech) (Correct answer)
- Rational basis review
- No constitutional scrutiny applies
Correct answer: Intermediate scrutiny (O'Brien test): the regulation must advance an important government interest unrelated to suppression of speech)
Content-neutral regulations that incidentally burden speech are evaluated under intermediate scrutiny, requiring the government to show an important interest unrelated to suppressing speech.
Question 4: Under Arkansas constitutional law, which branch has the power to declare laws unconstitutional?
- The Governor as chief executive
- The Arkansas Supreme Court through judicial review (Correct answer)
- The Arkansas General Assembly by majority vote
- The Attorney General by formal opinion
Correct answer: The Arkansas Supreme Court through judicial review
The Arkansas Supreme Court exercises the power of judicial review to invalidate laws that violate the Arkansas Constitution or the U.S. Constitution.
Question 5: The Arkansas Constitution's Amendment 80 restructured the court system. Which courts were abolished?
- Circuit courts and district courts
- Chancery and probate courts, which were merged into the circuit court system (Correct answer)
- The Supreme Court and the Court of Appeals
- Justice of the peace courts only
Correct answer: Chancery and probate courts, which were merged into the circuit court system
Amendment 80, effective 2001, abolished separate chancery and probate courts and merged their jurisdiction into the circuit court system.
Question 6: Under the Equal Protection Clause as applied in Arkansas, what standard of review applies to a law that classifies based on sex?
- Rational basis review
- Intermediate scrutiny requiring exceedingly persuasive justification (Correct answer)
- Strict scrutiny
- No review — sex classifications are unreviewable
Correct answer: Intermediate scrutiny requiring exceedingly persuasive justification
Sex-based classifications under the Equal Protection Clause are subject to intermediate scrutiny, requiring the government to show the classification is substantially related to an important government interest.
AR Bar Constitutional Law 1
The Arkansas Constitution of 1874 provides that the Governor serves a term of: