Difference between revisions of "Arkansas Constitution"
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Revision as of 15:21, 7 May 2014
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- 1 Provisions of the current Arkansas Constitution
- 1.1 Preamble
- 1.2 Article 1: Boundaries
- 1.3 Article 2: Declaration of Rights
- 1.4 Article 3: Franchise and Elections
- 1.5 Article 4: Departments
- 1.6 Article 5: Legislative Department
- 1.7 Article 6: Executive Department
- 1.8 Article 7: Judicial Department
- 1.9 Article 8: Apportionment--Membership in General Assembly
- 1.10 Article 9: Exemption
- 1.11 Article 10: Agriculture, Mining and Manufacture
- 1.12 Article 11: Militia
- 1.13 Article 12: Municipal and Private Corporations
- 1.14 Article 13: Counties, County Seats and County Lines
- 1.15 Article 14: Education
- 1.16 Article 15: Impeachment and Address
- 1.17 Article 16: Finance and Taxation
- 1.18 Article 17: Railroads, Canals and Turnpikes
- 1.19 Article 18: Judicial Circuits
- 1.20 Article 19: Miscellaneous Provisions
- 1.21 Article 20: "Holford" Bonds Not to Be Paid
- 1.22 Schedule
- 1.23 Amendments
- 2 Amending the Constitution
- 3 History
- 4 See also
- 5 External links
- 6 Additional reading
- 7 References
Provisions of the current Arkansas Constitution
- See also: Preambles to state constitutions
The Arkansas Constitution Preamble states:
Article 1 defines the physical boundaries of the state.
Article 2 extends to citizens the rights granted by the United States Declaration of Independence and United States Constitution, including the right to bear arms, the right to writ of habeas corpus and more.
Article 3 establishes that "elections shall be free and equal" and that "no power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage." Parts of this article were superseded by the 39th Amendment. It also ensures that "no idiot or insane person shall be entitled to the privileges of an elector."
Article 4 stablishes the separation of powers. "The powers of the government of the State of Arkansas shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy, to-wit: Those which are legislative, to one, those which are executive, to another, and those which are judicial, to another."
Article 5 discusses the operations of the Arkansas General Assembly. It provides that the Assembly shall meet biennially (Section 5) and limited to 60 days unless approved by 2/3rds of both houses (Section 17). Section 4 sets the qualifications for members.
Article 6 forms the executive offices of Arkansas government. This article was heavily revised by later amendments.
Article 7 forms the judiciary and was also heavily amended.
Article 8 establishes the two houses of the legislature, the General Assembly and Senate.
Article 9 creates exemption against the seizure of property, with specific provisions for widows and children.
Article 10 authorizes the Assembly to pass laws supporting Arkansas' agriculture, mining and manufacturing (including a seven-year abatement of all taxes on capital investment in such).
Article 11 establishes a state militia. "The militia shall consist of all able-bodied male persons, residents of the State, between the ages of eighteen and forty-five years; except such as may be exempted by the laws of the United States, or this State; and shall be organized, officered, armed and equipped and trained in such manner as may be provided by law."
Article 12 delineates the liabilities of private companies.
Article 13 establishes the conditions for forming and changing the boundaries of counties.
Article 14 establishes a school fund for use in a free public school system.
Article 15 defines the conditions and procedures of impeachment. This article was amended by a 2000 referendum.
Article 16 establishes rules governing state funds and the taxes that may be levied.
Article 17 describes these modes of transportation.
Article 18 establishes the Judicial Circuits and states which counties are represented in each circuit.
Article 19 covers miscellaneous items.
Article 19, Section 1, titled "Atheists disqualified from holding office or testifying as witness," states: "No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any court."
It is commonly believed that Article Six of the United States Constitution bans such qualifications when it states, "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." This section has been rarely enforced, since it would almost certainly be thrown out if challenged in court.
Article 20, added by Amendment 1, prohibits the General Assembly from making appropriations for payment of principal and interest on several bond issues from 1869-1871, commonly referenced as "Holford" bonds, which were passed during Reconstruction by a Union-dominated General Assembly.
The Schedule provided for a transition between the current Constitution and the prior one.
In addition to the 20 Articles listed above, several amendments (87 as of July, 2013) have been added. Though some amendments have been physically incorporated into the text of the Constitution (like Amendment 1, adding Article 20), others remain physically separated from the text.
Notable amendments shown separately include:
- Amendment 34, which provides for the right to work (only Arizona, Florida, and Oklahoma have similar constitutional provisions).
- Amendment 46, which allows for horse racing pari-mutuel betting, but only in Hot Springs, the location of Oaklawn Park. (Interestingly, there is no similar constitutional amendment relating to dog racing, though Southland Greyhound Park operates in West Memphis.)
- Amendment 68, which states that "[t]he policy of Arkansas is to protect the life of every unborn child from conception to birth, to the extent permitted by the Federal Constitution." This provision would allow Arkansas to restrict the practice of abortion in the event Roe v. Wade is ever overturned by the United States Supreme Court.
- Amendment 73, which places term limits on Arkansas officeholders (Section 3 also placed limits on Arkansas's Congressional delegation; similar provisions in other states were found to be unconstitutional; Section 4 placed a severability clause so the remainder of the amendment would remain in force).
- Amendment 83, which is Arkansas' Defense of marriage amendment.
Amending the Constitution
The current Constitution allows for two methods of amendment. However, each method is shown in a separate section.
Under Section 22 of Article 19, either house of the General Assembly may propose amendments. The amendment requires majority approval of both houses (in a recorded vote), publication in at least one newspaper in each county for six months prior to the next election of the Assembly, and majority approval of the voters.
However, the Section places further restrictions on legislative amendments;
- Each amendment must be separately placed on the ballot.
- No more than three amendments may be placed on any one ballot.
Amendment by Initiative
Under Section 1 of Article 5, ten percent of legal voters may propose an amendment by initiative, requiring majority approval of the voters. The proposed amendment must be filed with the Arkansas Secretary of State not less than four months before the election, and 30 days prior to the election the petitioners (at their own expense) must publish the amendment "in some paper of general circulation." Unlike with legislative amendments, there are no limits on the number of amendments by initiative that may be proposed on any one ballot.
In 1836, Arkansas held a constitutional convention to draft a document in order to qualify for statehood. The constitution created at that convention was ratified by Congress on January 30, 1836. On June 15, 1836, President Andrew Jackson signed the act, making Arkansas a state.
That constitution was the first of five in the state's history. The next constitution was created when the state seceded from the Union in May 1861. It was kept mostly in tact from the original but changed references to the United States of America to the Confederate States of America. The third constitution was adopted in 1864 and was a requirement to qualify for wartime reconstruction. The fourth constitution officially brought Arkansas back to the Union in 1868. It was written following the terms of the Reconstruction Acts of 1867. The fifth and final constitution was adopted in 1874. This document transferred a great deal of power from the state to local governments. Eighty-three amendments have been adopted to the current constitution since then.
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Cash, Marie. "Arkansas Achieves Statehood.” Arkansas Historical Quarterly 2 (December 1943): 292.
- Goss, Kay C. (1993) The Arkansas State Constitution: A Reference Guide. Westport, Connecticut: Greenwood Press.
- Civil War Helena, "The Constitution of 1868"
- Ledbetter, Jr., Cal, "The Constitution of 1868: Conqueror's Constitution or Constitutional Continuity?" in The Arkansas Historical Quarterly