Constitutional Law Flashcards
6 cards from real AR BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Constitutional Law flashcards as text
Under the U.S. Constitution's Supremacy Clause, when does a federal law preempt an Arkansas state law?
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.
Under the Arkansas Constitution, how many members compose the Arkansas House of Representatives?
Answer: 100
The Arkansas House of Representatives has 100 members, each serving two-year terms.
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?
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.
Under the Arkansas Constitution, which power does the Governor NOT possess?
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.
Under the Takings Clause of the Fifth Amendment, private property may be taken for public use only if:
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.
Under strict scrutiny, a law will be upheld only if:
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.