"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???
5 answers
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
1 answer