AR Bar Constitutional Law 2

Question 1

Under the U.S. Constitution's Supremacy Clause, when does a federal law preempt an Arkansas state law?

Accepted Answer

When Congress has occupied the field or when state law conflicts with federal law

Answer

Whenever the state law is more protective of individual rights

Answer

Only when the President issues an executive order

Answer

Only when a majority of states have the same law

Question 2

Under the Arkansas Constitution, how many members compose the Arkansas House of Representatives?

Accepted Answer

100

Answer

35

Answer

75

Answer

135

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?

Accepted Answer

Procedural due process

Answer

Substantive due process

Answer

Administrative due process

Answer

Legislative due process

Question 4

Under the Arkansas Constitution, which power does the Governor NOT possess?

Accepted Answer

Declare legislation unconstitutional

Answer

Veto legislation

Answer

Pardon convicted felons

Answer

Call special sessions of the General Assembly

Question 5

Under the Takings Clause of the Fifth Amendment, private property may be taken for public use only if:

Accepted Answer

Just compensation is paid to the property owner

Answer

The government pays an amount the government determines is fair

Answer

The legislature approves the taking by a supermajority

Answer

The property is unoccupied

Question 6

Under strict scrutiny, a law will be upheld only if:

Accepted Answer

It is necessary to achieve a compelling government interest and is narrowly tailored

Answer

It is rationally related to a legitimate government interest

Answer

It substantially relates to an important interest

Answer

The legislature intended a rational purpose