Read the Excerpt From the State Constitution of Arkansas Which Was Adopted in 1874
| Arkansas Constitution |
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| Preamble |
| Articles |
| i • 2 • 3 • 4 • 5 • 6 • seven • viii • 9 • 10 • 11 • 12 • thirteen • 14 • 15 • xvi • 17 • 18 • xix • 20 • Schedule • Declaration |
| Amendments |
The Arkansas Constitution is the fundamental governing document of the state of Arkansas.
Background
- The current (and fifth) Arkansas Constitution was adopted in 1874.[1]
- The electric current constitution has been amended 102 times.[i]
- The most contempo amendments to the Arkansas Constitution, of which there were two, were canonical by voters in 2020.
- Arkansas has a procedure for initiated ramble amendments, which means constitutional amendments tin happen through denizen initiatives or legislatively referred constitutional amendments. Moreover, some constitutional amendments canonical by the voters contain a provision allowing the legislature to make certain amendments to the constitution without voter approval. The Arkansas Constitution is one of 11 state constitutions with no mechanism or a lack of clarity in the procedure for calling a ramble convention.
Preamble
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- Run across too: Preamble, Arkansas Constitution and Preambles to state constitutions
The Arkansas Constitution Preamble states:
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Article 1: Boundaries
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- Come across also: Article i, Arkansas Constitution
Article ane is entitled "Boundaries" and defines the physical boundaries of the land.[2]
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Article 2: Declaration of Rights
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- Run into also: Article 2, Arkansas Constitution
Article 2 is entitled "Declaration of Rights" and extends to citizens the rights granted past the United states of america Declaration of Independence and Us Constitution, including the right to acquit arms, the right to writ of habeas corpus and more.[ii]
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Article 3: Franchise and Elections
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- See also: Article three, Arkansas Constitution
Article 3 is entitled "Franchise and Elections" and establishes that "elections shall exist free and equal" and that "no ability, civil or military, shall ever interfere to forbid the free exercise of the correct of suffrage." Parts of this article were superseded by the 39th Amendment. It likewise ensures that "no idiot or insane person shall be entitled to the privileges of an elector."[two]
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Article iv: Departments
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- Encounter also: Article four, Arkansas Constitution
Article four is entitled "Departments" and establishes 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 exist confided to a separate trunk of magistracy, to-wit: Those which are legislative, to one, those which are executive, to some other, and those which are judicial, to another."[2]
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Commodity 5: Legislative Department
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- Come across besides: Article 5, Arkansas Constitution
Article v is entitled "Legislative Department" and discusses the operations of the Arkansas General Assembly. It provides that the Associates shall meet biennially (Section v) and limited to threescore days unless approved by two-thirds of both houses (Section 17). Section 4 sets the qualifications for members.[2]
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Article 6: Executive Section
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- See besides: Article half-dozen, Arkansas Constitution
Article half-dozen is entitled "Executive Department" and forms the executive offices of Arkansas regime. This article was heavily revised past subsequently amendments.[2]
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Article 7: Judicial Department
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- See also: Article vii, Arkansas Constitution
Article vii is entitled "Judicial Department" and forms the judiciary, it was also heavily amended.[2]
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Article 8: Apportionment--Membership in General Associates
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- Come across also: Article 8, Arkansas Constitution
Article eight is entitled "Apportionment--Membership in General Assembly" and establishes the ii houses of the legislature: the House of Representatives and the Senate.[2]
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Commodity 9: Exemption
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- See also: Article 9, Arkansas Constitution
Commodity ix is entitled "Exemption" and creates exemption against the seizure of property, with specific provisions for widows and children.[ii]
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Article ten: Agriculture, Mining and Manufacture
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- Run across also: Article 10, Arkansas Constitution
Article ten is entitled "Agriculture, Mining and Industry" and authorizes the Assembly to laissez passer laws supporting Arkansas' agriculture, mining, and manufacturing (including a vii-year abatement of all taxes on capital letter investment in such).[2]
Click hither to read this article of the Arkansas Constitution.
Article eleven: Militia
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- Encounter also: Article 11, Arkansas Constitution
Article eleven is entitled "Militia" and establishes a state militia. "The militia shall consist of all able-bodied male persons, residents of the Land, betwixt the ages of 18 and forty-five years; except such as may exist exempted by the laws of the United states, or this Country; and shall be organized, officered, armed and equipped and trained in such manner as may exist provided by constabulary."[ii]
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Article 12: Municipal and Individual Corporations
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- See also: Article 12, Arkansas Constitution
Article 12 is entitled "Municipal and Private Corporations" and delineates the liabilities of private companies.[2]
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Article 13: Counties, Canton Seats and County Lines
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- See besides: Commodity 13, Arkansas Constitution
Article thirteen is entitled "Counties, County Seats and Canton Lines" and establishes the weather condition for forming and changing the boundaries of counties.[ii]
Click hither to read this article of the Arkansas Constitution.
Commodity fourteen: Education
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- See also: Article 14, Arkansas Constitution
Article 14 is entitled "Education" and establishes a school fund for use in a complimentary public schoolhouse system.[two]
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Article 15: Impeachment and Address
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- Come across too: Article 15, Arkansas Constitution
Article fifteen is entitled "Impeachment and Address" and defines the atmospheric condition and procedures of impeachment. This commodity was amended past a 2000 referendum.[2]
Click here to read this article of the Arkansas Constitution.
Article 16: Finance and Taxation
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- See too: Article xvi, Arkansas Constitution
Article 16 is entitled "Finance and Taxation" and establishes rules governing land funds and the taxes that may be levied.[ii]
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Commodity 17: Railroads, Canals and Turnpikes
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- See also: Article 17, Arkansas Constitution
Article 17 is entitled "Railroads, Canals and Turnpikes" and describes these modes of transportation.[2]
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Article 18: Judicial Circuits
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- Run across also: Article eighteen, Arkansas Constitution
Article 18 is entitled "Judicial Circuits" and establishes the Judicial Circuits and states which counties are represented in each circuit.[two]
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Article 19: Miscellaneous Provisions
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- See too: Article nineteen, Arkansas Constitution
Article 19 is entitled "Miscellaneous Provisions" and covers miscellaneous items.[2]
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Potential conflict with U.S. Constitution
Article 19, Section 1 is titled "Atheists disqualified from belongings part or testifying as witness." It states: "No person who denies the being of a God shall agree any office in the civil departments of this Land, nor be competent to testify every bit a witness in any court."[2] This department 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 whatsoever Office or public Trust under the U.s.a.."
Article 20: "Holford" Bonds Not to Exist Paid
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- See also: Article twenty, Arkansas Constitution
Commodity 20, added by Amendment ane, is entitled "'Holford' Bonds Not to Exist Paid" and prohibits the General Associates from making appropriations for payment of principal and interest on several bail problems from 1869-1871, commonly referenced every bit "Holford" bonds, which were passed during Reconstruction by a Union-dominated General Assembly.[2]
Click here to read this commodity of the Arkansas Constitution.
Schedule
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- See also: Schedule, Arkansas Constitution
The Schedule provided for a transition between the electric current Constitution and the prior one.[2]
Amendments
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- See also: Amendments, Arkansas Constitution
Equally of May, 2021, 102 amendments had been added to the Arkansas Constitution.
Amending the Constitution
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- Come across likewise: Amending land constitutions
| Arkansas Constitution |
|---|
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| Preamble |
| Articles |
| 1 • 2 • 3 • four • 5 • six • 7 • 8 • 9 • 10 • 11 • 12 • thirteen • xiv • 15 • 16 • 17 • 18 • xix • 20 • Schedule • Proclamation |
| Amendments |
The Arkansas Constitution can exist amended in these ways:
- Through the process of a legislatively referred constitutional amendment. This procedure is defined in Section 22 of Article 19 of the Arkansas Constitution. Co-ordinate to that department:
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- Amendments can be proposed past either business firm of the Arkansas General Associates.
- To authorize for the election, the proposed subpoena must exist approved by a simple bulk of both the Arkansas Country Senate and the Arkansas House of Representatives.
- Any such proposed amendments must exist published "in at least i newspaper in each county" for the six months preceding any general election in which Arkansas senators and representatives are elected.
- If any such proposed subpoena is approved past a uncomplicated bulk of those voting in such an election, it becomes part of the land'southward constitution.
- Proposed amendments are to be submitted in such a way that electors can consider and vote on each proposed amendment separately.
- The Arkansas General Assembly is simply immune to submit upward to three amendments for whatsoever 1 election.
- Through initiated constitutional amendments. This procedure is defined in Section 1 of Commodity 5 of the land'southward constitution.
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- To successfully qualify a ramble amendment for the ballot through an initiative petition, signatures from registered voters equal to 10 percent of the votes cast in the last gubernatorial election must exist collected. From 2008 through 2018, this signature requirement ranged between 77,468 and 84,859 signatures.
- Arkansas too features a distribution requirement which requires the signature drove to be spread out over at least fifteen of the state's counties.
- Once an initiated constitutional amendment qualifies for the ballot, a simple majority is required for approval.
- Moreover, some constitutional amendments approved by the voters contain a provision allowing the legislature to make certain amendments to the constitution without voter approval.
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- For instance, Event half-dozen, which was approved in 2016 and legalized medical marijuana, allowed the legislature to make certain changes to the provisions enacted by the initiative "so long as the amendments are germane to this section and consistent with its policy and purposes." Issue 6 also explicitly prevented the legislature from amending certain sections of the initiative.
The Arkansas Constitution is one of a scattering of state constitutions with no machinery for calling a ramble convention.
History
In 1836, Arkansas held a constitutional convention to draft a certificate in order to authorize for statehood. The constitution created at that convention was ratified by Congress on Jan 30, 1836. On June fifteen, 1836, President Andrew Jackson signed the human action, making Arkansas a country.[3]
That constitution was the outset of five in the state'due south history. The next constitution was created when the land 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 Wedlock in 1868. It was written post-obit the terms of the Reconstruction Acts of 1867. The fifth and last constitution was adopted in 1874. This document transferred a bang-up deal of ability from the state to local governments.[3]
Encounter likewise
- State constitution
- Constitutional article
- Ramble subpoena
- Constitutional revision
- Ramble convention
- Amendments
- Initiated ramble subpoena
- Legislatively-referred constitutional subpoena
- Publication requirements for proposed land ramble amendments
- Rules about constitutional conventions in land constitutions
- State ramble articles governing country legislatures
External links
- Arkansas State Legislature, "Constitution of the Land of Arkansas of 1874"
- Ledbetter, Jr., Cal, "The Constitution of 1868: Conquistador'southward Constitution or Constitutional Continuity?" in The Arkansas Historical Quarterly
Footnotes
- ↑ 1.0 1.1 Arkansas Secretarial assistant of State, "Amendments to the Constitution of Arkansas of 1874," accessed May 12, 2014 The link includes amendments approved as of the 2010 ballot and says that ninety amendments have been approved. Subsequent to 2010, four additional amendments were approved, i in 2012 and 3 in 2014.
- ↑ 2.00 ii.01 two.02 two.03 2.04 2.05 2.06 2.07 2.08 2.09 ii.10 2.11 2.12 2.13 2.14 two.15 2.16 2.17 2.xviii 2.19 two.20 2.21 2.22 Arkansas Country Legislature, "Arkansas Constitution," accessed March 26, 2014
- ↑ 3.0 3.1 The Encyclopedia of Arkansas History and Civilization, Arkansas Constitutions," accessed February 27, 2014
| Arkansas Constitution | |
|---|---|
 | Arkansas Constitution • Preamble • Commodity 1 • Article 2 • Article 3 • Commodity 4 • Article 5 • Article 6 • Article 7 • Article 8 • Article 9 • Article 10 • Article xi • Article 12 • Article 13 • Article xiv • Article fifteen • Article xvi • Article 17 • Article eighteen • Commodity nineteen • Article xx • Schedule • Announcement Amendments to the Arkansas Constitution |
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Source: https://ballotpedia.org/Arkansas_Constitution
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