104-455: 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 . 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. In 1861 a constitution was adopted with succession. After
208-569: A federal state trying to legislate in an area that the constitution allocates exclusively to the federal parliament, such as ratifying a treaty. Action that appears to be beyond power may be judicially reviewed and, if found to be beyond power, must cease. Legislation that is found to be beyond power will be "invalid" and of no force; this applies to primary legislation, requiring constitutional authorization, and secondary legislation, ordinarily requiring statutory authorization. In this context, "within power", intra vires , "authorized" and "valid" have
312-402: A students' union may be prohibited as an organization from engaging in activities not concerning students; if the union becomes involved in non-student activities, these activities are considered to be ultra vires of the union's charter, and nobody would be compelled by the charter to follow them. An example from the constitutional law of sovereign states would be a provincial parliament in
416-419: 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. Also, other language in the amendment applying the usury limit "at the time of the contract" made floating-rate loans extremely difficult, even though the usury limit was a floating rate. Neither
520-399: A compromise was reached giving the northwest and southeast regions eight senators each, with one from central Arkansas ( Pulaski , Saline , and White counties). The constitution was viewed as a democratic document for the period. The legislature was the most powerful branch; it selected US Senators, supreme court and circuit judges, and all state offices other than governor. It could override
624-405: A constitution in general terms was "the arrangement of the offices in a state". In his works Constitution of Athens , Politics , and Nicomachean Ethics , he explores different constitutions of his day, including those of Athens, Sparta , and Carthage . He classified both what he regarded as good and what he regarded as bad constitutions, and came to the conclusion that the best constitution
728-470: A decree issued by the Pope , now referred to as an apostolic constitution . William Blackstone used the term for significant and egregious violations of public trust, of a nature and extent that the transgression would justify a revolutionary response. The term as used by Blackstone was not for a legal text, nor did he intend to include the later American concept of judicial review : "for that were to set
832-415: A gubernatorial veto with a simple majority and had no term limits imposed on members. The governor had four-year terms but was limited to serving eight years in every twelve. State representatives and county officials were elected by popular vote. Only white males were allowed to vote, but there was no property ownership requirement and poll taxes were banned except for raising funds for county government. It
936-479: A law. The petition must be filed no later than 90 days after final adjournment of the Assembly. 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. It also includes highly restrictive provisions regarding appropriations: An example of how the restrictions can wreak havoc took place in 1989, when
1040-489: A new Constitution. It was adopted by popular referendum in the spring of 1868. That June Arkansas became the first rebel state to be readmitted to the Union under the Reconstruction Acts. 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
1144-553: A period of 20 years would be the optimal time for any constitution to be still in force, since "the earth belongs to the living, and not to the dead". Indeed, according to recent studies, the average life of any new written constitution is around 19 years. However, a great number of constitutions do not last more than 10 years, and around 10% do not last more than one year, as was the case of the French Constitution of 1791 . By contrast, some constitutions, notably that of
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#17327728815411248-603: A period of more than four hundred years, an important aspect of the constitutional structure of the Holy Roman Empire . In China , the Hongwu Emperor created and refined a document he called Ancestral Injunctions (first published in 1375, revised twice more before he died in 1398). These rules served as a constitution for the Ming dynasty for the next 250 years. The oldest written document still governing
1352-863: A single code until the Codex Theodosianus (438 AD); later, in the Eastern Empire, the Codex repetitæ prælectionis (534) was highly influential throughout Europe. This was followed in the east by the Ecloga of Leo III the Isaurian (740) and the Basilica of Basil I (878). The Edicts of Ashoka established constitutional principles for the 3rd century BC Maurya king's rule in India . For constitutional principles almost lost to antiquity, see
1456-667: A single document or set of legal documents, those documents may be said to embody a written constitution ; if they are encompassed in a single comprehensive document, it is said to embody a codified constitution . The Constitution of the United Kingdom is a notable example of an uncodified constitution ; it is instead written in numerous fundamental acts of a legislature, court cases, and treaties. Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations . A treaty that establishes an international organization
1560-455: A sovereign nation today is that of San Marino . The Leges Statutae Republicae Sancti Marini was written in Latin and consists of six books. The first book, with 62 articles, establishes councils, courts, various executive officers, and the powers assigned to them. The remaining books cover criminal and civil law and judicial procedures and remedies. Written in 1600, the document was based upon
1664-538: A state council consisting of 21 members while executive authority was vested in the office of " Lord Protector of the Commonwealth ." This position was designated as a non-hereditary life appointment. The Instrument also required the calling of triennial Parliaments , with each sitting for at least five months. The Instrument of Government was replaced in May 1657 by England's second, and last, codified constitution,
1768-593: A state government following the Battle of Bayou Fourche , whereby Federals captured Little Rock. By January 1864, the requisite 10% of the state's voters had taken the loyalty oath to the Constitution necessary to begin preparing for restoration to the Union. Arkansas Unionists from 24 of the state's 57 counties met for a constitutional convention in Little Rock. The convention adopted a document largely similar to
1872-672: A state university. Following the political realignment surrounding the Brooks-Baxter War that brought the end of Reconstruction in Arkansas , unreconstructed Democrats returned to power in the General Assembly. Having chafed under Republican rule since the end of the Civil War, one of the principal goals of Democrats upon returning to power was to undo many provisions of the 1868 constitution, especially weakening
1976-503: A state, but leaders of the prominent Conway-Johnson family had concerns about the taxation necessary to support state government on a low population, as well as political concerns. But when Michigan was preparing to enter the Union as a free state, Ambrose Sevier rose in the United States Congress to apply for statehood. Congress was hesitant to admit another pro-slavery state due to the tense equality achieved under
2080-406: A vote of the people on March 18, 1864, alongside a new slate of Republican state officials. Some areas of the state remained under Confederate control during the election, and many war-torn areas were virtual no-man's land. Despite a turnout of slightly more than 12,000 total voters, the Constitution was adopted and new officials were installed. Congress's 1867 Reconstruction Acts followed passage of
2184-473: Is ab initio , that is, from inception, not from the date of the finding. It was never "law", even though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation. Sometimes the problem is not that a statute is unconstitutional, but that the application of it is, on a particular occasion, and a court may decide that while there are ways it could be applied that are constitutional, that instance
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#17327728815412288-471: Is also able to strike down gubernatorial directives for violating either the Constitution or statutory law . However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Superior Court of the Arkansas Territory was established in 1819. It consisted of three judges, and then four from 1828. It was the highest court in the territory, and was succeeded
2392-510: Is also its constitution, in that it would define how that organization is constituted. Within states , a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights . Changes to constitutions frequently require consensus or supermajority . The Constitution of India
2496-489: Is considered foundational to the rule of law . Excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice , issued by the Sumerian king Urukagina of Lagash c. 2300 BC . Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered; however it is known that it allowed some rights to his citizens. For example, it
2600-646: Is considered part of the compilation of Constitutions) until 1716, when Philip V of Spain gave the Nueva Planta decrees , finishing with the historical laws of Catalonia . These Constitutions were usually made formally as a royal initiative, but required for its approval or repeal the favorable vote of the Catalan Courts , the medieval antecedent of the modern Parliaments. These laws, like other modern constitutions, had preeminence over other laws, and they could not be contradicted by mere decrees or edicts of
2704-457: Is known that it relieved tax for widows and orphans, and protected the poor from the usury of the rich. After that, many governments ruled by special codes of written laws. The oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur (c. 2050 BC). Some of the better-known ancient law codes are the code of Lipit-Ishtar of Isin , the code of Hammurabi of Babylonia ,
2808-663: Is provided for in the United States Constitution's Bill of Rights, any attempt to do so would be struck down in court. 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." 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
2912-531: 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, requiring each amendment to appear separately on
3016-474: Is the highest court in the state judiciary of Arkansas . It has ultimate and largely discretionary appellate jurisdiction over all state court cases that involve a point of state law, and original jurisdiction over a narrow range of cases. The Supreme Court holds the power of judicial review , the ability to invalidate a statute for violating a provision of the Arkansas Constitution . It
3120-476: Is the longest written constitution of any country in the world, with 146,385 words in its English-language version, while the Constitution of Monaco is the shortest written constitution with 3,814 words. The Constitution of San Marino might be the world's oldest active written constitution, since some of its core documents have been in operation since 1600, while the Constitution of the United States
3224-496: Is the oldest active codified constitution. The historical life expectancy of a constitution since 1789 is approximately 19 years. The term constitution comes through French from the Latin word constitutio , used for regulations and orders, such as the imperial enactments ( constitutiones principis : edicta, mandata, decreta, rescripta). Later, the term was widely used in canon law for an important determination, especially
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3328-572: The Byzantine emperors ' Novellae (most were taken from Justinian 's Novellae). The Nomocanon was a completely new compilation of civil and canonical regulations, taken from Byzantine sources but completed and reformed by St. Sava to function properly in Serbia. Besides decrees that organized the life of the church, there are various norms regarding civil life; most of these were taken from Prohiron. Legal transplants of Roman - Byzantine law became
3432-748: The Grandees of the New Model Army had presented the Heads of Proposals as their alternative to the more radical Agreement of the People presented by the Agitators and their civilian supporters at the Putney Debates . The Instrument of Government was adopted by Parliament on 15 December 1653, and Oliver Cromwell was installed as Lord Protector on the following day. The constitution set up
3536-539: The Hittite code , the Assyrian code , and Mosaic law . In 621 BC, a scribe named Draco codified the oral laws of the city-state of Athens ; this code prescribed the death penalty for many offenses (thus creating the modern term "draconian" for very strict rules). In 594 BC, Solon , the ruler of Athens, created the new Solonian Constitution . It eased the burden of the workers, and determined that membership of
3640-510: The House of Commons . The Nomocanon of Saint Sava ( Serbian : Законоправило/Zakonopravilo ) was the first Serbian constitution from 1219. St. Sava's Nomocanon was the compilation of civil law , based on Roman Law , and canon law , based on Ecumenical Councils . Its basic purpose was to organize the functioning of the young Serbian kingdom and the Serbian church . Saint Sava began
3744-579: The Humble Petition and Advice , proposed by Sir Christopher Packe . The Petition offered hereditary monarchy to Oliver Cromwell , asserted Parliament 's control over issuing new taxation , provided an independent council to advise the king and safeguarded "Triennial" meetings of Parliament. A modified version of the Humble Petition with the clause on kingship removed was ratified on 25 May. This finally met its demise in conjunction with
3848-663: The Instrument of Government included elements incorporated from an earlier document " Heads of Proposals ", which had been agreed to by the Army Council in 1647, as a set of propositions intended to be a basis for a constitutional settlement after King Charles I was defeated in the First English Civil War . Charles had rejected the propositions, but before the start of the Second Civil War,
3952-725: The Lord High Chancellor of Sweden Axel Oxenstierna after the death of king Gustavus Adolphus . This can be seen as the first written constitution adopted by a modern state. In 1639, the Colony of Connecticut adopted the Fundamental Orders , which was the first North American constitution. It is the basis for every new Connecticut constitution since, and is also the reason for Connecticut 's nickname, "the Constitution State ". On 4 January 1649,
4056-587: The Missouri Compromise , but when paired with a free state, the balance of power in the United States Senate would not be upset. The 9th Arkansas Territorial General Assembly appropriated $ 60 for rent and $ 6 for firewood, (a total of $ 2,100 in today's dollars) to territorial governor William Fulton to host a constitutional convention. Following the General Assembly's bill authorizing a constitutional convention, Fulton tried to halt
4160-459: The Myanmar 2008 Constitution was being secretly drafted for more than 17 years, whereas at the other extreme, during the drafting of Japan 's 1946 Constitution, the bureaucrats drafted everything in no more than a week. Japan has the oldest unamended constitution in the world. The record for the shortest overall process of drafting, adoption, and ratification of a national constitution belongs to
4264-703: The Republican government withdrawing federal troops from the South . The state has passed numerous amendments to the 1874 Constitution – 102 as of 2020. By gaining passage of the Election Law of 1891 and a poll tax amendment in the general election of 1892, the Democratic Party consolidated its control of state politics over Republicans and a farmer-labor coalition; effectively disenfranchising most African Americans . By 1895 there were none in
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4368-523: The Romania 's 1938 constitution, which installed a royal dictatorship in less than a month. Studies showed that typically extreme cases where the constitution-making process either takes too long or is extremely short were non-democracies. In principle, constitutional rights are not a specific characteristic of democratic countries. Autocratic states have constitutions, such as that of North Korea , which officially grants every citizen, among other things,
4472-621: The Rump Parliament declared "that the people are, under God, the original of all just power; that the Commons of England, being chosen by and representing the people, have the supreme power in this nation". The English Protectorate set up by Oliver Cromwell after the English Civil War promulgated the first detailed written constitution adopted by a modern state; it was called the Instrument of Government . This formed
4576-1094: The Salic Law of the Franks , all written soon after 500. In 506, the Breviarum or "Lex Romana" of Alaric II , king of the Visigoths, adopted and consolidated the Codex Theodosianus together with assorted earlier Roman laws. Systems that appeared somewhat later include the Edictum Rothari of the Lombards (643), the Lex Visigothorum (654), the Lex Alamannorum (730), and the Lex Frisionum (c. 785). These continental codes were all composed in Latin, while Anglo-Saxon
4680-815: The Statuti Comunali (Town Statute) of 1300, itself influenced by the Codex Justinianus , and it remains in force today. In 1392 the Carta de Logu was legal code of the Giudicato of Arborea promulgated by the giudicessa Eleanor . It was in force in Sardinia until it was superseded by the code of Charles Felix in April 1827. The Carta was a work of great importance in Sardinian history. It
4784-792: The code of Manu . Many of the Germanic peoples that filled the power vacuum left by the Western Roman Empire in the Early Middle Ages codified their laws. One of the first of these Germanic law codes to be written was the Visigothic Code of Euric (471 AD). This was followed by the Lex Burgundionum , applying separate codes for Germans and for Romans; the Pactus Alamannorum ; and
4888-543: The freedom of expression . However, the extent to which governments abide by their own constitutional provisions varies. In North Korea, for example, the Ten Principles for the Establishment of a Monolithic Ideological System are said to have eclipsed the constitution in importance as a frame of government in practice. Developing a legal and political tradition of strict adherence to constitutional provisions
4992-471: The state house ; their exclusion from politics lasted for decades deep into the 20th century. 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. This article establishes
5096-449: The ten percent plan to allow Confederate states to return to the Union. The Civil War was still underway in Arkansas, with a Confederate-loyal state government in exile at Washington, Arkansas and much of the northern part of the state under a tenuous Federal control. The economy of Arkansas was in shambles and guerrilla warfare ravaged the countryside and small towns throughout the war. Major General Frederick Steele began reorganizing
5200-419: The 13th and 14th Amendments emancipating slaves and making them citizens. The 1867 Acts required former Confederate states to recognize former slaves as citizens, and to adopt constitutions providing suffrage for freedmen. 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. At that Convention, the delegates drafted
5304-408: The 1836 constitution, except repudiated slavery and secession, and declaring the constitution of 1861 "null and void". Slavery was abolished in this constitution, but there was no provision as to civil rights for freedmen, or former slaves. This was the first constitution to define election procedures for a number of important posts within the state government. The convention sent the Constitution to
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#17327728815415408-643: The American Civil War its 1864 constitution was drafted. An 1868 constitution was passed to comply with the Reconstruction acts. The current constitution was ratified in 1874 following the Brooks–Baxter War . The Brooks–Baxter War and passage of the new constitution are considered to mark the end of Reconstruction in Arkansas. This was two years before the disputed 1876 U.S. presidential election and national compromise that resulted in
5512-527: The General Assembly from making appropriations for payment of principal and interest on several bond issues from 1869 to 1871, commonly referred to as Holford bonds . They were passed during Reconstruction by the General Assembly. Some of the bonds refinanced disputed debt outstanding from shortly after Arkansas' statehood in 1836. These bonds had been central to the Brooks-Baxter War . Article 19 in Section 1, titled "Atheists disqualified from holding office or testifying as witness", states "No person who denies
5616-537: The Government of the United States. Article 3 mandates that all elections shall be fair and equal. No person shall be denied the right to vote. Any resident citizen over the age of 18 may register and vote. Electors are exempt from arrest while they are traveling to and from elections. Soldiers may not vote on the basis of being stationed in Arkansas: they must establish residency through other means. This article states that there will be 3 branches of government, legislative, judicial, and executive. Article 5 provides for
5720-631: The Revenue Stabilization Law, which provides the mechanism for distributing the state's revenue (even general revenues), is amended to reflect the submitted budget. Any appropriation not funded by the Revenue Stabilization Law is essentially null and void. 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. The State of Arkansas has held eight Constitutional Conventions: 1836, 1861, 1864, 1868, 1874, 1917, 1969, and 1979. Despite this,
5824-485: The Supreme Court, established by Article Five of the 1836 Constitution, which was composed of three judges, to include a chief justice, elected to eight-year terms by the General Assembly . As later set by Act 205 of 1925, it consists of the Chief Justice of Arkansas and six associate justices . The Supreme Court currently operates under Amendment 80 of the Arkansas Constitution. Justices are elected in non-partisan elections to eight-year terms, staggered to make it unlikely
5928-456: The United States, have remained in force for several centuries, often without major revision for long periods of time. The most common reasons for these frequent changes are the political desire for an immediate outcome and the short time devoted to the constitutional drafting process. A study in 2009 showed that the average time taken to draft a constitution is around 16 months, however there were also some extreme cases registered. For example,
6032-411: The Wise the Grand Prince of Kiev , was granted to Great Novgorod around 1017, and in 1054 was incorporated into the Russkaya Pravda ; it became the law for all of Kievan Rus' . It survived only in later editions of the 15th century. In England, Henry I's proclamation of the Charter of Liberties in 1100 bound the king for the first time in his treatment of the clergy and the nobility. This idea
6136-451: 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. This constitution was very similar to the original except for its references to The Confederate States of America . On December 8, 1863, by United States President Abraham Lincoln issued a presidential proclamation that would come to be known as
6240-494: 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. In addition to the 20 Articles listed above, 102 amendments have been added. Though some amendments have been physically incorporated into the text of the Constitution (e.g. Amendment 1, adding Article 20 and Amendment 90, incorporated changes made to Amendment 82), others remain physically separate from
6344-435: The ballot and limiting the number per ballot to three. 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 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
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#17327728815416448-477: The basis of government for the short-lived republic from 1653 to 1657 by providing a legal rationale for the increasing power of Cromwell after Parliament consistently failed to govern effectively. Most of the concepts and ideas embedded into modern constitutional theory, especially bicameralism , separation of powers , the written constitution, and judicial review , can be traced back to the experiments of that period. Drafted by Major-General John Lambert in 1653,
6552-434: The basis of the Serbian medieval law. The essence of Zakonopravilo was based on Corpus Iuris Civilis . Stefan Dušan , emperor of Serbs and Greeks, enacted Dušan's Code ( Serbian : Душанов Законик/Dušanov Zakonik ) in Serbia , in two state congresses: in 1349 in Skopje and in 1354 in Serres . It regulated all social spheres, so it was the second Serbian constitution, after St. Sava's Nomocanon (Zakonopravilo). The Code
6656-421: The basis of universal consensus of all chiefs following discussions that were initiated by a single nation. The position of Sachem descends through families and are allocated by the senior female clan heads, though, prior to the filling of the position, candidacy is ultimately democratically decided by the community itself. In 1634 the Kingdom of Sweden adopted the 1634 Instrument of Government , drawn up under
6760-452: 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." 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. Further, since religious freedom
6864-411: 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. This article also defines the seat of government as being in Little Rock . For the most part, this article affirms the same limits to the State Government that are similarly constrained by the US Constitution to
6968-441: The consciousness of rationality so far as that consciousness is developed in a particular nation." Since 1789, along with the Constitution of the United States of America (U.S. Constitution), which is the oldest and shortest written constitution still in force, close to 800 constitutions have been adopted and subsequently amended around the world by independent states. In the late 18th century, Thomas Jefferson predicted that
7072-419: The convention, but Attorney General , Benjamin F. Butler ruled the assemblage legal. The General Assembly fought over apportionment of delegates between the two "halves" of the state: the upland northwest with a largely white population, and the agrarian southeast, with an economy and society based on slavery and plantation agriculture, who sought to adopt an apportionment where slaves counted as three-fifths of
7176-464: The death of Cromwell and the Restoration of the monarchy. All of the British colonies in North America that were to become the 13 original United States, adopted their own constitutions in 1776 and 1777, during the American Revolution (and before the later Articles of Confederation and United States Constitution ), with the exceptions of Massachusetts, Connecticut and Rhode Island. The Commonwealth of Massachusetts adopted its Constitution in 1780,
7280-444: The document focuses more on social morality than on institutions of government, and remains a notable early attempt at a government constitution. The Constitution of Medina ( Arabic : صحیفة المدینه , Ṣaḥīfat al-Madīna), also known as the Charter of Medina, was drafted by the Islamic prophet Muhammad after his flight ( hijra ) to Yathrib where he became political leader. It constituted a formal agreement between Muhammad and all of
7384-409: The executive branch. The General Assembly submitted a call for a constitutional convention to the people of Arkansas on June 30, 1874, which passed overwhelmingly, with delegates selected during the same election. Delegates convened in the house chamber of the Old State House on July 14, 1874. Of the 91 delegates, 70 were Democrats, with many having held office in the antebellum period, having ties to
7488-773: The fold of one community – the Ummah . The precise dating of the Constitution of Medina remains debated, but generally, scholars agree it was written shortly after the Hijra (622). In Wales , the Cyfraith Hywel (Law of Hywel) was codified by Hywel Dda c. 942–950. It served as the main law code in Wales until it was superseded by the Laws in Wales Acts 1535 and 1542 . The Pravda Yaroslava , originally combined by Yaroslav
7592-469: The free white population, mirroring the three-fifths Compromise . David Walker led the northwest in ultimately counting only free white population in the apportionment of districts; with 26 delegates from the northwest and 26 from the southeast. Convening in Little Rock on January 4, 1836, the convention quickly sought to re-litigate apportionment, this time for the Arkansas Senate . Ultimately,
7696-524: 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. However, the Arkansas Supreme Court disagreed with the Assembly's use of the just debts provision. As a result, it declared every single appropriations bill of
7800-557: The governor was significantly curtailed. 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. This is the constitution that the state uses today, with some 87 amendments and various other changes. The constitution produced was ratified by voters and remains the state's constitution. Arkansas has passed numerous amendments – 102 at last count. The current Constitution allows for two methods of amendment. However, each method
7904-440: The houses via approval of a two-thirds vote of the membership. Section 1 allows for passage of laws or constitutional amendments by initiative . 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 ). Section 1 also allows, by six percent of voters placing a petition, for a statewide referendum on any law or any part of
8008-456: The judicial power above that of the legislature, which would be subversive of all government". Generally, every modern written constitution confers specific powers on an organization or institutional entity, established upon the primary condition that it abides by the constitution's limitations. According to Scott Gordon, a political organization is constitutional to the extent that it "contain[s] institutionalized mechanisms of power control for
8112-589: The king. The Kouroukan Founga was a 13th-century charter of the Mali Empire in West Africa , reconstructed from oral tradition in 1988 by Siriman Kouyaté . It included the "right to life and to the preservation of physical integrity" and significant protections for women. The Golden Bull of 1356 was a decree issued by a Reichstag in Nuremberg headed by Emperor Charles IV that fixed, for
8216-402: The legal judgement of his peers, or by the law of the land. This provision became the cornerstone of English liberty after that point. The social contract in the original case was between the king and the nobility but was gradually extended to all of the people. It led to the system of Constitutional Monarchy , with further reforms shifting the balance of power from the monarchy and nobility to
8320-757: The legislative, executive, and judiciary branches, well before the publication of Montesquieu's Spirit of the Laws . This Constitution also limited the executive authority of the hetman , and established a democratically elected Cossack parliament called the General Council. However, Orlyk's project for an independent Ukrainian State never materialized, and his constitution, written in exile, never went into effect. Corsican Constitutions of 1755 and 1794 were inspired by Jean-Jacques Rousseau . The latter introduced universal suffrage for property owners. Arkansas Supreme Court The Supreme Court of Arkansas
8424-604: The oldest still-functioning constitution of any U.S. state; while Connecticut and Rhode Island officially continued to operate under their old colonial charters, until they adopted their first state constitutions in 1818 and 1843, respectively. What is sometimes called the "enlightened constitution" model was developed by philosophers of the Age of Enlightenment such as Thomas Hobbes , Jean-Jacques Rousseau , and John Locke . The model proposed that constitutional governments should be stable, adaptable, accountable, open and should represent
8528-535: The operations of the Arkansas General Assembly . 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 4 sets the qualifications for members. 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
8632-503: The original nor amended provisions allowed the legislature to make any exceptions to the general usury law, as happened in other states. 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. After out-of-state banks took over most lending in Arkansas, banks located in the state received special relief from
8736-550: The people (i.e., support democracy ). Agreements and Constitutions of Laws and Freedoms of the Zaporizian Host was written in 1710 by Pylyp Orlyk , hetman of the Zaporozhian Host . It was written to establish a free Zaporozhian-Ukrainian Republic , with the support of Charles XII of Sweden . It is notable in that it established a democratic standard for the separation of powers in government between
8840-544: The powerful Conway-Johnson family , or held office in the Confederate States of America government. Grandison Royston was elected president of the convention, Augustus H. Garland served as a legal advisor and instrumental force behind the new constitution. This version reflects attitudes related to the war and its aftermath. The delegates gave the most power to county governments, including for legal issues, transportation, taxation and spending. The power of
8944-403: The protection of the interests and liberties of the citizenry , including those that may be in the minority ". Activities of officials within an organization or polity that fall within the constitutional or statutory authority of those officials are termed "within power" (or, in Latin, intra vires ); if they do not, they are termed "beyond power" (or, in Latin, ultra vires ). For example,
9048-696: The reign of Zara Yaqob . Even so, its first recorded use in the function of a constitution (supreme law of the land) is with Sarsa Dengel beginning in 1563. The Fetha Negest remained the supreme law in Ethiopia until 1931, when a modern-style Constitution was first granted by Emperor Haile Selassie I. In the Principality of Catalonia , the Catalan constitutions were promulgated by the Court from 1283 (or even two centuries before, if Usatges of Barcelona
9152-594: 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 . Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity , organization or other type of entity , and commonly determines how that entity is to be governed. When these principles are written down into
9256-546: The ruling class was to be based on wealth ( plutocracy ), rather than on birth ( aristocracy ). Cleisthenes again reformed the Athenian constitution and set it on a democratic footing in 508 BC. Aristotle (c. 350 BC) was the first to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and constitutionalism , and attempting to classify different forms of constitutional government. The most basic definition he used to describe
9360-400: The same meaning; as do "beyond power", ultra vires , "not authorized" and "invalid". In most but not all modern states the constitution has supremacy over ordinary statutory law (see Uncodified constitution below); in such states when an official act is unconstitutional, i.e. it is not a power granted to the government by the constitution, that act is null and void , and the nullification
9464-411: The session unconstitutional —the 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 first—requiring the Assembly to return in special session to reenact them. Appropriations do not constitute the state budget in Arkansas; that is enacted near the end of the session, when
9568-591: The significant tribes and families of Yathrib (later known as Medina ), including Muslims , Jews , and pagans . The document was drawn up with the explicit concern of bringing to an end the bitter intertribal fighting between the clans of the Aws ( Aus ) and Khazraj within Medina. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish, and pagan communities of Medina bringing them within
9672-472: The state has only had five constitutions in its history, those of 1836, 1861 (which only changed "United States of America" to "Confederate States of America"), 1864, 1868, and 1874. Arkansas has held three constitutional conventions (called the Sixth, Seventh, and Eight Constitutional Conventions, respectively) since 1874. None of these drafts were ratified. In 1833, much of Arkansas was eager to be admitted as
9776-619: The supreme law used in parts of Germany as late as 1900. Around 1240, the Coptic Egyptian Christian writer, 'Abul Fada'il Ibn al-'Assal , wrote the Fetha Negest in Arabic . 'Ibn al-Assal took his laws partly from apostolic writings and Mosaic law and partly from the former Byzantine codes. There are a few historical records claiming that this law code was translated into Ge'ez and entered Ethiopia around 1450 in
9880-506: The text. Notable amendments shown separately include: Section 13 originally set the state's usury limit at 10%; it was amended in the early 1980s to 5% above the Federal Reserve Discount Rate on 90-day commercial paper (see the latest rates), but falling interest rates and poorly worded provisions made the amended version more onerous than the original. For example, a clause in the 1980s amendment appears to set
9984-610: The usury law through Section 731 of the Federal Gramm-Leach-Bliley Act in 1999. 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. 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 . This unique and unusual article (added by Amendment 1) prohibits
10088-657: The work on the Serbian Nomocanon in 1208 while he was at Mount Athos , using The Nomocanon in Fourteen Titles , Synopsis of Stefan the Efesian , Nomocanon of John Scholasticus , and Ecumenical Council documents, which he modified with the canonical commentaries of Aristinos and Joannes Zonaras , local church meetings, rules of the Holy Fathers , the law of Moses , the translation of Prohiron, and
10192-468: Was a mixed system including monarchic, aristocratic, and democratic elements. He also distinguished between citizens, who had the right to participate in the state, and non-citizens and slaves, who did not. The Romans initially codified their constitution in 450 BC as the Twelve Tables . They operated under a series of laws that were added from time to time, but Roman law was not reorganized into
10296-652: Was an organic, coherent, and systematic work of legislation encompassing the civil and penal law . The Gayanashagowa , the oral constitution of the Haudenosaunee nation also known as the Great Law of Peace, established a system of governance as far back as 1190 AD (though perhaps more recently at 1451) in which the Sachems , or tribal chiefs, of the Iroquois League's member nations made decisions on
10400-598: Was based on Roman - Byzantine law . The legal transplanting within articles 171 and 172 of Dušan's Code, which regulated juridical independence, is notable. They were taken from the Byzantine code Basilika (book VII, 1, 16–17). In 1222, Hungarian King Andrew II issued the Golden Bull of 1222 . Between 1220 and 1230, a Saxon administrator, Eike von Repgow , composed the Sachsenspiegel , which became
10504-617: Was extended and refined by the English barony when they forced King John to sign Magna Carta in 1215. The most important single article of Magna Carta, related to " habeas corpus ", provided that the king was not permitted to imprison, outlaw, exile or kill anyone at a whim – there must be due process of law first. This article, Article 39, of Magna Carta read: No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by
10608-404: Was not allowed or legitimate. In such a case, only that application may be ruled unconstitutional. Historically, the remedies for such violations have been petitions for common law writs , such as quo warranto . Scholars debate whether a constitution must necessarily be autochthonous , resulting from the nations "spirit". Hegel said "A constitution...is the work of centuries; it is the idea,
10712-712: Was ratified by the convention on January 30, 1836, with all delegates except Walker and Nathan Ross (the Mississippi County delegate who did not attend the convention) signing the document. Delegate Charles F.M. Noland was selected to messenger the constitution to Washington D.C. for congressional approval. He did not arrive until March 8; Sevier instead presented a duplicate printed in the Arkansas Gazette to Congress on February 4 to begin discussion and debate. After passing both houses of Congress, on June 15 of that year, President Andrew Jackson signed
10816-665: Was used for those of England, beginning with the Code of Æthelberht of Kent (602). Around 893, Alfred the Great combined this and two other earlier Saxon codes, with various Mosaic and Christian precepts, to produce the Doom book code of laws for England. Japan 's Seventeen-article constitution written in 604, reportedly by Prince Shōtoku , is an early example of a constitution in Asian political history. Influenced by Buddhist teachings,
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