SD Bar Constitutional Law

Question 1

What standard of review applies to South Dakota laws that classify based on suspect classes?

Accepted Answer

Strict scrutiny

Answer

Rational basis review

Answer

Intermediate scrutiny

Answer

Arbitrary standard

Question 2

Under the South Dakota Constitution, which article guarantees the right to free speech?

Accepted Answer

Article VI, the Bill of Rights

Answer

Article I

Answer

Article X

Answer

Article III

Question 3

What is the due process requirement for South Dakota administrative proceedings?

Accepted Answer

Notice and an opportunity to be heard before a neutral decision maker

Answer

Jury trial for all administrative cases

Answer

Appellate review within 10 days

Answer

Public hearing with media access

Question 4

In South Dakota, what power does the Governor have regarding legislation?

Accepted Answer

The power to veto bills, which can be overridden by a two-thirds vote of both chambers

Answer

Absolute veto power

Answer

No role in the legislative process

Answer

The power to amend bills before signing

Question 5

What does the Supremacy Clause mean for South Dakota state law?

Accepted Answer

Federal law preempts conflicting state law

Answer

South Dakota law always takes priority

Answer

State courts cannot hear federal questions

Answer

Federal courts must follow state precedent

Question 6

Under South Dakota law, what right do citizens have to initiative and referendum?

Accepted Answer

The right to propose laws and constitutional amendments through petition and popular vote

Answer

Only the Legislature can propose new laws

Answer

Referendums are advisory only

Answer

Only the Governor can initiate referendums