The U.S. attorney general, Benjamin F. Butler, however, ruled that the people had a democratic right to assemble, gather, petition the government, and express their opinions on what a potential state constitution should contain. Cultural Resources Council, funded by the Arkansas Real Estate Transfer Tax. Arkansas State Archives After out-of-state banks took over most lending in Arkansas, banks located in the state received special relief from the usury law through Section 731 of the Federal Gramm-Leach-Bliley Act in 1999. This project is produced (in part) by a grant from the Arkansas Natural and Congress's 1867 Reconstruction Acts followed passage of the 13th and 14th Amendments emancipating slaves and making them citizens. The Third Arkansas Constitution (1864) "[2] This section is in possible conflict with Article VI of the United States Constitution which says in part, "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. Harris, Rodney W. Arkansass Divided Democracy: The Making of the Constitution of 1874. Phd diss., University of Arkansas, 2017. After Reconstruction, Arkansas adopted its current constitution in 1874 as a reaction against the centralized authority of the Reconstruction period. Arkansas' original constitution was adopted at a constitutional convention held at Little Rock in advance of the territory's admission to the Union in 1836. ", Article 20, added by Amendment 1, is entitled "'Holford' Bonds Not to Be Paid" and 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. However, many in Arkansas Territory grew impatient and elected delegates to a state constitutional convention before Congress agreed for the territory to do so. 0000010882 00000 n The first constitution was vague and short. Article Six of the United States Constitution, 14th Amendment to the federal Constitution, Branam, Chris M. Another Look at Disfranchisement in Arkansas, 18881894, "Arkansas Constitution of 1874 Amendment 35, 1. Section 1 also allows, by six percent of voters placing a petition, for a statewide referendum on any law or any part of a law. When a tribute gift is given the honoree will receive a letter acknowledging your generosity and a bookplate will be placed in a book. 0000005445 00000 n Therefore, the 1874 constitution reflects a general suspicion of government and authority. 0000010232 00000 n The governors power was greatly reduced, so he could appoint far fewer officials. 0000013281 00000 n The delegates gave the most power to county governments, including for legal issues, transportation, taxation and spending. This was two years before the disputed 1876 U.S. presidential election and national compromise that resulted in the Republican government withdrawing federal troops from the South. This is also inconsistent with Section 26 in Article 2, which states that no religious test shall be applied as a requirement to vote or hold office - Article 19 in Section 1 would be classified as such, but there are no known cases of this article being enforced in modern times. WebThe 1864 Constitution reflects few changes from the 1836 document. They were passed during Reconstruction by the General Assembly. Although several attempts have been made to draft a new constitution, the 1874 document remains the basis for state laws in Arkansas. Click here to contact our editorial staff, and click here to report an error. Electors are exempt from arrest while they are traveling to and from elections. Little Rock, AR. HkLSWQz[+\)QPZal%dR?Fb)ff-:!HRb0PL@Goolk| 4 >"]"T.[>)te~@tE S2KEe`A|u@G_/{GD(:C%5QdR9-X~W}W3jn On June 15, 1836, President Andrew Jackson signed the act, making Arkansas a state. The territory elected delegates for a state constitutional convention. 0000021203 00000 n You're all set! Little Rock, Pulaski County, Arkansas. State Government Directory. Click here to contact us for media inquiries, and please donate here to support our continued expansion. 0000022610 00000 n The current Constitution allows for two methods of amendment. [ Ark. [2], The Schedule provided for a transition between the current Constitution and the prior one.[2]. The current constitution was ratified in 1874 following the BrooksBaxter War. Arkansas reentered the Union in 1868. Any resident citizen over the age of 18 may register and vote. In 1833, Arkansas was eager to be admitted as a state, although Congress was hesitant to admit another pro-slavery state due to the tense equality achieved under the Missouri Compromise. The fourth constitution officially brought Arkansas back to the Union in 1868. Elections in 2023 | [2], Article 7 is entitled "Judicial Department" and forms the judiciary, it was also heavily amended. Arkansas voters will decide in November if a simple majority of ballots cast continues to have the power to make amendments to the state's constitution. Counties | In addition, Article Six of the United States Constitution is also considered to prohibit such religious tests: "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." Also, this constitution, unlike that of 1836, provided for the popular election of secretary of state, auditor, treasurer, and judges. "[2], Article 12 is entitled "Municipal and Private Corporations" and delineates the liabilities of private companies. Federal courts | Some of the bonds refinanced disputed debt outstanding from shortly after Arkansas' statehood in 1836. 0000020016 00000 n The Constitution of 1868 made racial discrimination illegal; provided suffrage (voting) rights for freedmen age 21 and older; provided for public schools for the first time, for both black and white children; and it established a state university. This constitution was written under the terms of the Reconstruction Acts of 1867, by which Congress required former Confederate states to create new constitutions that allowed adult African-American males to vote. Arkansas Constitution of 1874. 0000021264 00000 n Click here to read this article of the Arkansas Constitution. Article 14 is entitled "Education" and establishes a school fund for use in a free public school system. Click here to read this article of the Arkansas Constitution. Article 15 is entitled "Impeachment and Address" and defines the conditions and procedures of impeachment. The first constitution was brief, flexible, and more closely modeled after the U.S. Constitution than later Arkansas constitutions were. [1] The most recent amendments to the These bonds had been central to the Brooks-Baxter War. WebArkansas Constitution Preamble Article 1 - Boundaries Article 2 - Declaration of Rights Article 3 - Franchise and Elections Article 4 - Departments Article 5 - Legislative 0000007394 00000 n This constitution stipulated that federal recognition and support would resume after ten percent of 1860 voters took the oath of allegiance to the union. 0000004780 00000 n We, the people of the territory of Arkansas, by our representatives in convention assembled, at Little Rock, on Monday, the fourth day of January, A. D. 1836, and of the > structure and function of flowering plants ppt. 0000012480 00000 n The law is suspended until it is voted on in the next election; if part of a law, the portion subject to referendum is suspended while all other provisions remain in effect. Though some amendments have been physically incorporated into the text of the Constitution (e.g. [2], Article 13 is entitled "Counties, County Seats and County Lines" and establishes the conditions for forming and changing the boundaries of counties. Creating an account gives you access to all these features. Moreover, some constitutional amendments approved by the voters contain a provision allowing the legislature to make certain amendments to the constitution without voter approval. 0000013931 00000 n Each of the five constitutions symbolizes a shift in the states political status: statehood in 1836, joining the Confederate States of America during the Civil War in 1861, military occupation near the end of the Civil War in 1864, Reconstruction in 1868, and reaction to Reconstruction in 1874. 0000011609 00000 n These documents also serve as historic and //" + "state.archives" + "@" + "arkansas.gov" + "<\/a>") It is written on four pages, front and back. As a result, it declared every single appropriations bill of the session unconstitutionalthe general bill did not receive the votes needed to pass under Section 39, and under Section 40 all other appropriations bills were invalid since the general bill must be passed firstrequiring the Assembly to return in special session to reenact them. State constitutions serve as the foundation for statutory laws, rules and regulations, and government for a state. You already receive all suggested Justia Opinion Summary Newsletters. [CDATA[ 0000001815 00000 n WebThe Constitution of Arkansas is the primary organizing law for the U.S. state of Arkansas delineating the duties, powers, structures, and functions of the state government. For the first time since the Civil War, the Democrats outnumbered the Republicans but remained civil, courteous, and did not take some of the provisions as far as they could have. [13] Today, only a handful of loans made to Arkansans are still subject to this law, mainly private-party lending and some prime auto loans from companies such as GMAC and Ford Credit. [3] This is the constitution that the state uses today, with some 87 amendments and various other changes. Instance of. "[2], Article 4 is entitled "Departments" and establishes the separation of powers. These consist of the state governor's office, a bicameral state legislature known as the Arkansas General Assembly, and a state court system.The Arkansas Constitution delineates the structure and function of the state government. Democrats regained control of the state legislature for the first time since the Civil War. The Constitution of the State of Arkansas is the governing document of the U.S. state of Arkansas. Arkansass first state constitution was ratified by the United State Congress on January 30, 1836. Passed in 2008. How to run for office | Section 39 places restrictions on funding. State and local courts | Section 1 allows for passage of laws or constitutional amendments by initiative. 0000011034 00000 n . Arkansas Constitutions. Territorial Governor William Fulton refused to sign the legislative act authorizing the convention. When the 'Free Public Acccess' page opens, review the 'Terms & Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. The 1867 Acts required former Confederate states to recognize former slaves as citizens, and to adopt constitutions providing suffrage for freedmen. It outlines the basic laws of state government and defines the rights of Arkansas citizens. The document incorporated more changes than any of the other constitutions in the states history, and most of these revisions were highly rural, restrictive, and negative in nature. Ledbetter, Cal, Jr. The Constitution of 1836: A New Perspective. Arkansas Historical Quarterly 41 (Autumn 1982): 215252. Passed in 2006, Amendment 86 Authorizes the General Assembly to meet in general sessions in odd-numbered years and fiscal sessions during even-numbered years. Read more Arkansas Constitution Law The states powers to tax and borrow were severely limited, the terms of elected officials were reduced from four years to two years, the number of county officials was increased from two to ten, and the legislative sessions were limited to sixty days every two years. For example, a clause in the 1980s amendment appears to set a 17% limit for consumer loans; but since they were not exempted from the main "5% above discount rate" provision, the courts ruled that the limit for consumer loans was the lesser of the two clauses, usually the 5% rule. The first constitution remained in effect until Arkansas seceded from the Union on May 6, 1861. constitution ( Arkansas, Arkansas Constitution of 1861, 1836) Location. State government records Amendment 75 (Environmental Enhancement Funds) to the constitution provides an additional excise tax of one-eighth of one percent (1 /8 of 1%) with forty-five percent of the proceeds to be allocated to the Arkansas Game and Fish Commission's "Game Protection Fund". For Attorneys. 0000008247 00000 n The new constitution was generally the same as the original, except for references to the Confederate States of America replacing references to the United States of America, a legal prerequisite to joining the Confederacy. [4] Arkansas has passed numerous amendments - 102 at last count. The Constitution of 1868: Conquerors Constitution or Constitutional Continuity? Arkansas Historical Quarterly 44 (Spring 1985): 1641. WebArkansas Constitutional Offices Notices Capitol Lighting Ceremony to take place 12/3/22 Calendar General Runoff Election Day 12/6/22 View Full Calendar Locations Arkansas trailer << /Size 2223 /Info 1983 0 R /Root 2151 0 R /Prev 646947 /ID[<3cc000efa5f9c87b94234b5f94e9c552>] >> startxref 0 %%EOF 2151 0 obj << /Type /Catalog /Pages 1982 0 R /Metadata 1984 0 R /Outlines 2155 0 R /StructTreeRoot 2152 0 R /Names 2153 0 R /SpiderInfo 1990 0 R /PageMode /UseOutlines >> endobj 2152 0 obj << /Type /StructTreeRoot /ClassMap 1156 0 R /ParentTreeNextKey 243 /ParentTree 1157 0 R /K [ 2194 0 R 2193 0 R 2191 0 R 2189 0 R 2187 0 R 2185 0 R 2183 0 R 2181 0 R 2179 0 R 2177 0 R 2175 0 R 2173 0 R 2171 0 R 2169 0 R 2167 0 R 2165 0 R 2163 0 R ] >> endobj 2153 0 obj << /Dests 1408 0 R /IDS 1999 0 R /URLS 2000 0 R >> endobj 2221 0 obj << /S 4019 /O 4149 /E 4165 /C 4181 /Filter /FlateDecode /Length 2222 0 R >> stream 0000007008 00000 n 0000004892 00000 n A new state constitutional convention was called in 1874. The 1864 constitution abolished slavery and repudiated secession but did not define the rights former slaves would enjoy. 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 legislative amendments, there are no limits on the number of amendments by initiative that may be proposed on any one ballot. Please first navigate to a specific Image before printing. Cancellation of registration on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. The Public Policy Center has provided neutral information on statewide ballot issues since 2004. This article establishes the boundaries of Arkansas as running from the Mississippi river on the east to the Oklahoma and Texas borders on the west, and bound by Missouri in the north and Louisiana in the south. 0000015258 00000 n This version reflects attitudes related to the war and its aftermath. Additional support provided by the Charles M. and Joan R. Taylor Foundation Inc. However, each bill can embrace only one subject; thus, hundreds of bills must be passed to fund other State agencies. Sign up for our free summaries and get the latest delivered directly to you. State of play: There are four issues on the state ballot, including No. Several major attempts were made to replace the current document with a new constitutionin 1918, 1970, and 1980. 0000019444 00000 n Under Section 22 of Article 19, either house of the General Assembly may propose amendments. All five of the original state constitutions are housed at the Arkansas State Archives, and have been digitized and transcribed for your use. Click here to read this article of the Arkansas Constitution. %PDF-1.4 % These documents also serve as historic and cultural indicators of significant events and impacts. For more information, contact 501-918-3025 orcalsfoundation@cals.org. The CALS Foundation is a 501(c)(3) organization. Help using Search. The plantation and slave owners of east Arkansas led the movement and dominated the convention. Issue 3 is one of four constitutional amendments on the 2022 ballot for voters to decide. Very few other substantive changes were made. Additional support provided by the Arkansas Community Foundation. Cash, Marie. Select a topic below to learn more: Patients Laboratory Dispensaries Physicians Medical Marijuana Commission Sponsors of the legislation in the U.S. Congress were Senator John C. Calhoun of South Carolina, Senator Thomas Hart Benton of Missouri, Senator Henry Clay of Kentucky, and Senator James Buchanan of Pennsylvania. WebRevising The Arkansas Constitution PDF Download Download Revising The Arkansas Constitution PDF full book.Access full book title Revising The Arkansas Constitution by Arkansas, the book also available in format PDF, EPUB, and Mobi Format, to read online books or download Revising The Arkansas Constitution full books, Click Get Books for access, About The Constitution of the State of Arkansas: framed and adopted by the convention which assembled at Little Rock, January 7th, 1868, and ratified by the people of the state, at the election beginning March 13th, 1868. It was adopted in 1874, shortly after the Brooks-Baxter War. One Capitol Mall, Little Rock, Arkansas 72201 Read our Privacy Policy. 2023 Encyclopedia of Arkansas. Honor or memorial gifts are an everlasting way to pay tribute to someone who has touched your life. (AP) Top priorities in the legislative session that begins Wednesday will be making it harder to amend Missouris Constitution, sports betting, and This constitution was passed in an effort to complete Reconstruction and return power to local governments as quickly as possible. Copyright. 0000013781 00000 n 0000002355 00000 n The Arkansas Constitution Preamble states: Article 1 is entitled "Boundaries" and defines the physical boundaries of the state.[2]. It also ensures that "no idiot or insane person shall be entitled to the privileges of an elector. Article 8: Apportionment--Membership in General Assembly, Article 10: Agriculture, Mining and Manufacture, Article 12: Municipal and Private Corporations, Article 13: Counties, County Seats and County Lines, Article 17: Railroads, Canals and Turnpikes, Potential conflict with U.S. Constitution, Article 20: "Holford" Bonds Not to Be Paid, legislatively referred constitutional amendments, Article VI of the United States Constitution, legislatively referred constitutional amendment, Legislatively-referred constitutional amendment, Publication requirements for proposed state constitutional amendments, Rules about constitutional conventions in state constitutions, State constitutional articles governing state legislatures, Ledbetter, Jr., Cal, "The Constitution of 1868: Conqueror's Constitution or Constitutional Continuity?" Latest Blog Posts 2 (HJR1005) - A Constitutional Amendment to be Known as the "Constitutional Amendment and Ballot Initiative Reform Amendment" The Arkansas Constitution can be amended in these ways: The Arkansas Constitution is one of a handful of state constitutions with no mechanism for calling a constitutional convention. [5], Appropriations do not constitute the state budget in Arkansas; that is enacted near the end of the session, when the Revenue Stabilization Law, which provides the mechanism for distributing the state's revenue (even general revenues), is amended to reflect the submitted budget. For Courts. Sec. 0000025701 00000 n Cities | Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. The first state constitution was ratified by Congress on January 30, 1836, and on June 15 of that year, President Andrew Jackson signed the act making Arkansas the 25th state. The first constitution was vague and short. It was replaced by the second Arkansas state constitution when Arkansas seceded from the Union on May 6, 1861. 0000005030 00000 n We, the People of the State of Arkansas, grateful to Almighty God for the privilege of choosing our own form of government; for our civil and religious liberty; and desiring to perpetuate its blessings, and secure the same to our selves and posterity; do ordain and establish this Constitution. For the most part, this article affirms the same limits to the State Government that are similarly constrained by the US Constitution to the Government of the United States. In addition to the 20 Articles listed above, 102 amendments have been added. 8, 1] Original jurisdiction to challenge state legislative lines in state court is vested with the Arkansas Supreme Court. 0000018878 00000 n The Constitutional Convention of 1874. Arkansas Historical Quarterly 27 (Autumn 1968): 177204. The first time you log in to our catalog you will need to create an account. This article was heavily revised by later amendments. My Account [2], Article 18 is entitled "Judicial Circuits" and establishes the Judicial Circuits and states which counties are represented in each circuit. 0000014394 00000 n Some observers believe that the Revenue Stabilization Act, while strict in its implementation, has prevented the state from suffering the financial difficulties of other states with less-strict preventive measures to avoid deficit spending. 0000019749 00000 n For Section 30 requires that the "general appropriations bill" be limited to the "ordinary expenses of the executive, legislative, and judicial departments of the State". The power to tax was central to each of the campaign debates on the new documents, and in each case, the providing of new flexibility and authority to state government and officials were the foundation of voter decision making. Encyclopedia of Arkansas 0000016295 00000 n Each time, the voters narrowly rejected change. 72201. Amendment 86 allows for biennial fiscal sessions in even-numbered years; these sessions are limited to legislative deliberation regarding the state budget, though other issues may be brought before the houses via approval of a two-thirds vote of the membership. art. State legislature | Arkansas Digital Archives, Arkansas State Archives. 0000022634 00000 n For additional information: Electronic Data Systems Corporation. Arkansas Constitution of 1836. first constitution of Arkansas (1836-1861) Upload media. Section 4 sets the qualifications for members. In 1836, Arkansas held a constitutional convention to draft a document in order to qualify for statehood. That June Arkansas became the first rebel state to be readmitted to the Union under the Reconstruction Acts. 0000016455 00000 n 0000024369 00000 n 0000005103 00000 n | Among other provisions, this constitution declared racial discrimination illegal, undertook to provide support for public education and for a university, and fixed legislative apportionments to favor counties with large African-American populations. Privacy [2], Article 19 is entitled "Miscellaneous Provisions" and covers miscellaneous items. However, each method is shown in a separate section. 0000012329 00000 n WebFrom Wikimedia Commons, the free media repository. Applies to jurisdiction. The Constitution of Arkansas is the primary organizing law for the U.S. state of Arkansas delineating the duties, powers, structures, and functions of the state government. The proposed document included womens suffrage, statewide prohibition, the creation of the lieutenant governors office, but it did not propose any changes in taxation or financing. The current constitution was ratified in 1874 following the BrooksBaxter War. 0000018093 00000 n Initiative and Referendum The legislative power of the people of this State shall be vested in a General Assembly, which shall consist of the Senate and House of Representatives, but the people reserve to themselves the power to propose legislative measures, laws and amendments to the Constitution, This project is funded in part by a National Endowment for the Humanities (NEH) Sustaining the Humanities through the American Rescue Plan grant award. 0000010079 00000 n County governments became all powerful as administrative units of the state, with jurisdiction over roads and bridges, local judiciary, and taxation as well as spending. Nunn, Walter. Westport, CT: Greenwood Press, 1993. Give a donation in someones name to mark a special occasion, honor a friend or colleague or remember a beloved family member. Article 19 in 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.". The BrooksBaxter War and passage of the new constitution are considered to mark the end of Reconstruction in Arkansas. The third constitution was adopted in 1864 and was a requirement to qualify for wartime reconstruction. [2], Article 15 is entitled "Impeachment and Address" and defines the conditions and procedures of impeachment. [3], That constitution was the first of five in the state's history. 0000013130 00000 n 0000025595 00000 n [2], Article 19, Section 1 is titled "Atheists disqualified from holding office or testifying as witness." Public policy. It worked during most of the summer in a generally harmonious process. Web1861 Arkansas Constitution, Arkansas State Archives, Little Rock, Arkansas. Rights Use and reproduction of images held by the Arkansas State Archives without prior written 902 (1989) | upp90211446 | Leagle.com", "Arkansas Repeal Amendment 44, Proposed Amendment 3 (1990) - Ballotpedia", "Arkansas Attorney General Dustin McDaniel", https://en.wikipedia.org/w/index.php?title=Constitution_of_Arkansas&oldid=1129477385, Short description is different from Wikidata, All Wikipedia articles written in American English, Articles with unsourced statements from February 2016, Articles with unsourced statements from March 2009, Pages using Sister project links with hidden wikidata, Creative Commons Attribution-ShareAlike License 3.0. 0000017713 00000 n If any such proposed amendment is approved by a simple majority of those voting in such an election, it becomes part of the state's constitution. 0000020321 00000 n Amendment 87 Authorizes a statewide lottery. The First Arkansas Constitution (1836) The Constitution of Arkansas is the primary organizing law for the U.S. state of Arkansas delineating the duties, powers, structures, and functions of the state government. Democrats swept the offices of governor, secretary of state, state treasurer, state auditor, and attorney general, in addition to swelling their ranks in the General Assembly. In 1836, the state constitutional convention drafted a document to qualify Arkansas for statehood; this first constitution was brief, flexible, general in language, and relatively lenient in terms of power. 0000018348 00000 n Download the full 2022 In 1868, the state adopted its constitution, which endured throughout the Reconstruction Era, with Arkansas being basically an administrative unit of the national government, overseen by federal officials. State constitutions serve as the foundation for statutory laws, rules and regulations, and government for a state. | Soldiers may not vote on the basis of being stationed in Arkansas: they must establish residency through other means. Additional support provided by the Arkansas Humanities Council. Since 1963, Arkansas has had four WebThe 1836 Arkansas Constitution was the first of Arkansas's constitutions, created during the push for Arkansas's statehood. 0000024052 00000 n Detailed provisions ensured that governmental power would not be misused, and a great deal of authority transferred from state to local government. 0000015720 00000 n The 1861 Arkansas Constitution was the constitution of the Confederate State of Arkansas, created upon Arkansas's secession from the Union at the beginning of the Civil War. It was written by hand on nine pages of vellum. The 1864 Constitution reflects few changes from the 1836 document. | 8, 5] In 1864, a third constitution was needed to bring Arkansas back into the Union. By 1895 there were none in the state house; their exclusion from politics lasted for decades deep into the 20th century.[2]. On June 15, President Andrew Jackson signed the congressional act making Arkansas Territory a state. Four-year terms were restored, and the governor was given broad power to appoint officials, including judges. The Fifth (and Current) Arkansas Constitution (1874) Home It was written following the terms of the Reconstruction Acts of 1867. [2], Article 3 is entitled "Franchise and Elections" and 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." At that Convention, the delegates drafted a new Constitution. It also includes highly restrictive provisions regarding appropriations: An example of how the restrictions can wreak havoc took place in 1989, when the general appropriations bill (which far exceeded $2.5 million) failed to gain the required three-fourths majority, but was "declared passed" by the General Assembly under the "just debts of the State" exemption, and all subsequent special appropriations bills were passed thereafter. [2], Article 16 is entitled "Finance and Taxation" and establishes rules governing state funds and the taxes that may be levied. The Arkansas legislature tried to permit payday loans anyway, but after two adverse decisions in 2008, the Attorney General ordered all payday lenders in the state to shut down.[12]. https://www.arkleg.state.ar.us/ArkansasLaw (accessed October 20, 2022). It also created the office of lieutenant governor. Under Section 1 of Article 5 (as amended by Amendment 7), ten percent of legal voters may propose an amendment by initiative, requiring majority approval of the voters. The fifth and current Constitution of the State of Arkansas, framed and adopted by the convention which assembled at Little Rock, July 14th, 1874, and ratified by the people of the state, at the election held Oct. 13th, 1874. WebArkansas Constitution; United States Constitution; Court Records. The Arkansas Constitutions finding aid is also available in the finding aids section of this site. Amendment 44, which allowed the government to nullify Federal integration laws. This article states that there will be 3 branches of government, legislative, judicial, and executive. State officials' terms were dropped from four years to two years, and more state positions were required to be filled by popular election, rather than appointment by the governor. As of May, 2021, 102 amendments had been added to the Arkansas Constitution. WebIf you are interested in knowing more about Arkansas Medical Marijuana: patient applications, caregiver applications, dispensary rules and regulations, cultivation facility rules and regulations, the Constitutional amendment, and much more. | Gifts from lobbyists on Westlaw FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. A Democratic majority replaced the Reconstruction legislature, which had been mostly Republican. Any such proposed amendments must be published "in at least one newspaper in each county" for the six months preceding any general election in which Arkansas senators and representatives are elected. This was the first constitution to define election procedures for a number of important posts within the state government. "[2], Article 5 is entitled "Legislative Department" and discusses the operations of the Arkansas General Assembly. 0000017846 00000 n WebThe State government of Arkansas is divided into three branches: executive, legislative and judicial. https://digitalheritage.arkansas.gov/constitutions/ (accessed June 21, 2022). in, Number of state constitutional amendments in each state, https://ballotpedia.org/wiki/index.php?title=Arkansas_Constitution&oldid=8361477, Pages using duplicate arguments in template calls, The current constitution has been amended, The most recent amendments to the Arkansas Constitution, of which there were two, were approved by voters in, Amendments can be proposed by either house of the, To qualify for the ballot, the proposed amendment must be approved by a simple majority of both the. WebThe Arkansas Constitution is the fundamental governing document of the state of Arkansas. This article also defines the seat of government as being in Little Rock. | Budget. [2], Article 10 is entitled "Agriculture, Mining and Manufacture" and 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). During the years since the current constitutions adoption, more than 100 amendments have been adopted, covering issues and entities such as salary limits, tax limits, public finance, term limits, abortion, judicial process, paternity, states rights, gambling, voter registration, interest rates, county government reorganization, the Game and Fish Commission, the Highway Commission, workers compensation, filling vacancies (including board and commission appointments, as well as filling offices when incumbents, for any reason, can no longer continue in office), hospitals, industrial development, and education. 0000004137 00000 n Donations made to the CALS Foundation are tax-deductible for United States federal income tax purposes. Search Center. Arkansass third constitution was written under the terms of Abraham Lincolns plan for wartime reconstruction, which aimed to hasten the reestablishment of loyal state governments in the South. State executives | The 1836 Arkansas Constitution was the first of Arkansas's constitutions, created during the push for Arkansas's statehood. Special thanks to the Department of Arkansas Heritage. WebThe 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. 0000005176 00000 n For Public. 0000021372 00000 n Read this complete Arkansas Constitution of 1874 Art. Arkansas held constitutional conventions in 1918, 1969, and 1979, called the Sixth, Seventh, and Eight Constitutional Conventions, respectively. [citation needed]. The new constitution's provisions varied from previous laws by calling for the popular election of the secretary of state, state auditor, state treasurer, and judges. Governors, who would serve four-year terms, had to be at least thirty years of age and state residents for ten years. Many in Congress were reluctant to admit another slave state because the Missouri Compromise had left the slave and non-slave states with equal numbers of senators. 2, known as the "Constitutional Amendment and Ballot Initiative Reform Amendment." Ballot measures, Who represents me? Home Further, since religious freedom is provided for in the United States Constitution's Bill of Rights, any attempt to do so would be struck down in court. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; What's on my ballot? Arkansas Constitution Law U.S. House Passes IRS Civil Forfeiture Reform September 11, 2017 Caleb Taylor 0 Comments civil asset forfeiture The U.S. House last week unanimously passed legislation restricting the Internal Revenue Services ability to confiscate cash from law-abiding Americans. The defeat came amid the war and a worldwide flu pandemic. Through its history, Arkansas has been governed by five constitutions. Election Day is Nov. 8, 2022. The petition must be filed no later than 90 days after final adjournment of the Assembly. School districts | Online at https://scholarworks.uark.edu/etd/2446/ (accessed July 6, 2022). They spent a summer re-writing the constitution. In recent years, this means that nearly every appropriation bill (including the general bill) requires such. Arkansas Achieves Statehood. Arkansas Historical Quarterly 2 (December 1943): 292. No person shall be denied the right to vote. Arkansas' original constitution was adopted at a constitutional convention held at Little Rock in advance of the territory's admission to the Union in 1836. The Fourth Arkansas Constitution (1868) U.S. Congress | This constitution was very similar to the original except for its references to The Confederate States of America. Arkansas voters will decide in November 2022 whether to amend the Arkansas Constitution. 0000004557 00000 n The Second Arkansas Constitution (1861) 0000004161 00000 n It outlines the Failed Constitutional Conventions Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 2150 0 obj << /Linearized 1 /O 2154 /H [ 2355 1806 ] /L 690079 /E 26306 /N 243 /T 646959 >> endobj xref 2150 73 0000000016 00000 n The Proposed Arkansas Constitution of 1980. Arkansas Historical Quarterly 60 (Spring 2001): 5374. Article 2 is entitled "Declaration of Rights" and 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. Kay C. Goss Who was president when Arkansas became a state? It provides that the Assembly shall meet biennially (Section 5) and limited to 60 days unless approved by two-thirds of both houses (Section 17). 0000002281 00000 n Also in that year, an Arkansas Supreme Court decision allowed out-of-state auto finance companies to engage in subprime lending through Arkansas dealerships without violating the usury law. 0000008866 00000 n 2. In late 1867 Arkansas elected delegates to a new Constitutional Convention, which took place in early 1868 in the old capital building in Little Rock. None of these drafts were ratified. All Rights Reserved. Parts of this article were superseded by the 39th Amendment. Petitions require signatures equal to eight percent of registered voters to appear on the ballot for a law, or ten percent for a constitutional amendment (see below). For example, no salaries were set in the constitution, as later would be the case. Any appropriation not funded by the Revenue Stabilization Law is essentially null and void. In the numerous attempts to revise or update the document in more than a century since, those issues have been discussed both in the proceedings of the conventions and in the campaigns on the proposed documents, all of which have been defeated. You can explore additional available newsletters here. No other provision of the Constitution of the State of Arkansas shall Adopted on January 19, 1864, and ratified on March 14, 1864, in an election supervised by Federal soldiers, it provided for a Unionist state government even while a Confederate one, now exiled to Washington (Hempstead County), continued to exist. The new constitution's provisions varied from previous laws by calling for the popular election of the [2], Article 11 is entitled "Militia" and establishes a state militia. JEFFERSON CITY, Mo. The Road to Statehood Phone: 501.682.6900 / Email: 1 (SJR10) - An Amendment to the Arkansas Constitution Concerning Extraordinary Sessions of the General Assembly Issue No. All other appropriations must be passed by special appropriations bills. WebA landslide victory in favor of drafting a new constitution paved the way for the formation of a new Arkansas government. Neither the original nor amended provisions allowed the legislature to make any exceptions to the general usury law, as happened in other states. The power of the governor was significantly curtailed. This document transferred a great deal of power from the state to local governments.[3]. Arkansas Code. Major support provided through a partnership with the Arkansas Department of Parks & Tourism. The state has passed numerous amendments to the 1874 Constitution 102 as of 2020. [2], Article 9 is entitled "Exemption" and creates exemption against the seizure of property, with specific provisions for widows and children. Article 5 provides for the operations of the Arkansas General Assembly. [2], Article 6 is entitled "Executive Department" and forms the executive offices of Arkansas government. The second constitution was ratified by the Secession Convention, chaired by David Walker of Fayetteville (Washington County), who had not favored secession. In 196970, the seventh state constitutional convention met during the so-called Young Turks movement and the tenure of reform-oriented Governor Winthrop Rockefeller. 0000002003 00000 n Proposed amendments are to be submitted in such a way that electors can consider and vote on each proposed amendment separately. Amendment 1, adding Article 20 and Amendment 90, incorporated changes made to Amendment 82), others remain physically separate from the text. 0000008713 00000 n Amendment 88 Guarantees the right of Arkansans to hunt, fish and trap. 0000006573 00000 n In 197980, the eighth state convention worked hard on a new document that finally mirrored much of the convention of the previous decade, with an effort to steer the campaign debate, but the result was the samerejection of the new document. > 0000007241 00000 n Arkansas adopted a new Constitution on March 18, 1864, after the 1863 Emancipation Proclamation. | On June 15, President Andrew Jackson signed the congressional act making Arkansas Territory a state. art. 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. Additional support provided by the Arkansas General Assembly. Not only does the wording of this amendment specifically bar Congress from restricting freedom of religion, but current legal precedent holds that these provisions and the rest of the United States Bill of Rights are binding on the states under the Liberty Clause of the 14th Amendment to the federal Constitution. The first state constitution was ratified by Congress on January 30, 1836, and on June 15 of that year, President Andrew Jackson signed the act making Arkansas the 25th state. Printing is not supported at the primary Gallery Thumbnail page. 0000016843 00000 n Rate and review titles you borrow and share your opinions on them. Webindex constitution of the state of arkansas of 1874 table of contents: preamble article 1 - boundaries article 2 - declaration of rights section 1. source of power. Amendment 83 Denies recognition to all forms of, Amendment 84 Authorizes bingo and raffles for charitable purposes. Article 3 mandates that all elections shall be fair and equal. WebConstitutional Amendments Referred by the General Assembly Issue No. On October 13, 1874, the constitution was approved by the people in a special election by a three-to-one majority. It requires the Assembly to meet biennially (Section 5) and limits these meetings to 60 days unless otherwise approved by two-thirds of both houses (Section 17). Section 40 further requires that the general appropriations bill must be passed. 0000021234 00000 n 19, 30. WebSection 2 Text of Section 2: Freedom and Independence All men are created equally free and independent, and have certain inherent and inalienable rights; amongst which are The fifth and current constitution was adopted in 1874. The Arkansas Constitution is one of 11 state constitutions with no mechanism or a lack of clarity in the process for calling a constitutional convention. Major funding provided by the Winthrop Rockefeller Foundation. Const. 0000005301 00000 n Const. Section 38 requires, in order to raise "property, excise, privilege or personal taxes now levied", either 1) approval of the voters or 2) a three-fourths majority of the legislature. Then, finally, the current constitution in 1874 was written at the end of Reconstruction and was drafted to protect the people of the state from the government by limiting its powers. Arkansas' original constitution was adopted at a constitutional convention held at Little Rock in advance of the territory's admission to the Union in 1836. 0000020606 00000 n To successfully qualify a constitutional amendment for the ballot through an. Ballotpedia features 392,388 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Slavery was recognized, and emancipation required the consent of the owner. "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. Background The current (and fifth) Arkansas Constitution was adopted in 1874. Read this complete Arkansas Constitution of 1874 Amendment 51, 11. This article was amended by a 2000 referendum. In 1861, the state needed a new constitution as it left the Union. [1] The current constitution has been amended 102 times. Federal recognition and financial support would come once only ten percent of those who had voted in the state in 1860 took an oath of allegiance to the Union. 0000011754 00000 n Passed in 2010. 0000020900 00000 n Administrative Office of the Courts 625 Marshall Street Little Rock, 0000025909 00000 n How to vote | It is written on four pages, front and back. This site is protected by reCAPTCHA and the Google, Article 8 - Apportionment - Membership in General Assembly, Article 10 - Agriculture, Mining and Manufacture, Article 12 - Municipal and Private Corporations, Article 13 - Counties, County Seats and County Lines, Article 17 - Railroads, Canals and Turnpikes, Article 20 - "Holford" Bonds Not to Be Paid. Powers; membership", "DIETZ v. STATE OF ARK. 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