"No person who may hereafter fight a duel, assist in the same as second, or send, accept, or knowingly carry a challenge therefor, shall hold any office in the State, for a period of ten years...."
-Arkansas state constitution, Article 19, Section 2
Why would this rule from the Arkansas State Constitution, adopted in 1874, be seen as a statutory law?
a. It is a fundamental law of lasting importance that should not be changed***
b. It is a law that the state legislature should pass but not put in the constitution
c. It is a miscellaneous provision that no longer has any practical effect and does not need to be in the constitution
d. It is part of a preamble that has no legal force and could remain in the document to help explain the constitution's purpose
I think its A but I'm really not sure. Could someone help me and also explain why that answer in correct???
I agree with A.
Thank you!!
As to why, once some concept is enshrined in a constitution, the whims of the legislature cannot change it. Something considered fundamental should not be the subject of passing fads.
In this case, the people who wrote the Arkansas constitution did not prohibit dueling, but so strongly disapproved that nobody who engaged in it could hold office for ten years. The legislature remained free to ban the practice or not. It was a rather pointed, but inherently weak, disapproval of dueling.
That makes sense now that you've explained it!! Thanks!! :D
You are correct, the answer is A. This rule from the Arkansas State Constitution, adopted in 1874, is seen as a statutory law because it is a fundamental law of lasting importance that should not be changed.
The reason why this rule is considered a statutory law is because it addresses a specific behavior (dueling) and imposes a specific consequence (disqualification from holding office) for engaging in that behavior. It is a provision that has been explicitly written into the state constitution, which makes it more difficult to amend or repeal compared to regular laws passed by the state legislature.
Statutory laws are considered fundamental because they establish principles and rules that are essential for governing a society. They reflect important values and principles that should be upheld and respected by citizens. In this case, the provision regarding dueling reflects the state's perspective on violence and its impact on public office.
Since it is part of the state constitution, this rule carries more weight and significance than a regular law passed by the legislature. It is designed to be a lasting and enduring law, continuing to influence the governance of the state until it is formally changed through a constitutional amendment.
In summary, the rule from the Arkansas State Constitution is considered a statutory law because it is a fundamental provision that addresses a specific behavior and carries a specific consequence. It is an essential and lasting law of importance that should not be easily changed or repealed.