Arkansas
State Constitution
Constitution Text
Preamble
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 ourselves and posterity, do ordain and establish this Constitution.
Article I: boundaries
Section 1: Full Text
We do declare and establish, ratify and confirm, the following as the permanent boundaries of the State of Arkansas, that is to say: Beginning at the middle of the main channel of the Mississippi River, on the parallel of thirty-six degrees of north latitude, running thence west with said parallel of latitude to the middle of the main channel of the St. Francis River; thence up the main channel of said last named river to the parallel of thirty-six degrees, thirty minutes of north latitude; thence west with the southern boundary line of the State of Missouri to the southwest corner of said last named State; thence to be bounded on the west to the north bank of Red River, as by act of Congress and treaties existing January, 1837, defining the western limits of the Territory of Arkansas and to be bounded across and south of Red River by the boundary line of the State of Texas as far as to the northwest corner of the State of Louisiana; thence easterly with the northern boundary line of said last named State to the middle of the main channel of the Mississippi River; thence up the middle of the main channel of said last named river, including an island in said river known as "Belle Point Island," and all other land originally surveyed and included as a part of the Territory or State of Arkansas, to the thirty-sixth degree of north latitude, the place of beginning seat of government. The seat of government of the State of Arkansas shall be and remain at Little Rock, where it is now established.
Article II: declaration of rights
Section 8: No person shall be held to answer a criminal charge unless on the presentment or indictment of a grand jury, except in eases of impeachment or eases such as the General Assembly shall make cognizable by justices of the peace, and courts of similar jurisdiction; or cases arising in the army and navy of the United States; or in the militia when in actual service in time of war or public danger; and no person
for the same offense, shall be twice put in jeopardy of life or liberty but if, in any criminal prosecution, the jury be divided in opinion, the court before which the trial shall be had may, in its discretion, discharge the jury, and commit or bail the accused for trial at the same or the next term of said court; nor shall any person be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty or property, without due process of law. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great.
Section 10: In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the county in which the crime shall have been committed; provided that the venue
may be changed to any other county of the judicial district in which the indictment is found, upon the application of the accused, in such a manner as now is, or may be, prescribed by law; and to be informed of the nature and cause of the accusation against him, and to have a copy thereof; and to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to be heard by himself and his council.
Section 14: Treason against the State shall only consist in levying and making war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession
in open court.
Section 16: No person shall be imprisoned for debt in any civil action or mesne or final process, unless in cases of fraud.
Sec. 17. No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed; and no conviction shall work corruption of blood or forfeiture of estate.
Section 21: No person shall be taken or imprisoned, or disseized of his estate, freehold, liberties or privileges; or outlawed, or in any manner destroyed or deprived of his life, liberty or property; except by the
judgment of his peers or the law of the land; nor shall any person, under any circumstances, be exiled from the State.
Section 23: The State's ancient right of eminent domain and of taxation is herein fully and expressly conceded; and the General Assembly may delegate the taxing power, with the necessary restriction, to the State's subordinate political and municipal corporations to the extent
of providing for their existence, maintenance and well being, but no further.
Section 24: All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can, of right, be compelled to attend, erect or support any place of worship; or to maintain any ministry against his consent. No human
authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given, by law, to any religious establishment, denomination or mode of worship above any other.
Article III: franchise and elections
Section 2: Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage; nor shall any law be enacted whereby the right to vote at any election shall be made to depend upon any previous registration
of the elector's name; or whereby such right shall be impaired or forfeited, except for the commission of a felony at common law, upon lawful conviction thereof.
Section 6: Any person who shall be convicted of fraud, bribery or other wilful and corrupt violation of any election law of this State shall be adjudged guilty of a felony, and disqualified from holding any office of trust or profit in this State.
Sec. 7. No soldier, sailor or marine in the military or naval service of the United States shall acquire a residence by reason of being stationed on duty in this State.
Section 8: The general elections shall be held biennially, on the first Monday of September; but the General Assembly may by law fix a different time.
See. 9. In trials of contested elections and in proceedings for the investigation of elections no person shall be permitted to withhold his testimony on the ground that it may criminate himself or subject him to public infamy; but such testimony shall not be used against him in any judicial proceeding, except for perjury in giving such testimony.
Article V: legislative
Section 1: The legislative power of this State shall be vested in a General Assembly, which shall consist of the Senate and House of Representatives.
Sec. 2. The House of Representatives shall consist of members to be chosen every second year by the qualified electors of the several counties.
Section 11: Each house shall appoint its own officers, and shall be sole judge of the qualifications, returns and elections of its own members, A majority of all the members elected to each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as each house shall provide.
Sec. 12. Each house shall have the power to determine the rules of its proceedings; and punish its members or other persons for con tempt or disorderly behaviour in its presence; enforce obedience to its process; to protect its members against violence or offers of bribes or private solicitations; and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause. A member expelled for corruption shall not thereafter be eligible to either house; and punishment for contempt or disorderly behavior shall not bar an indictment for the same offense. Each house shall keep a journal of its proceedings and from time to time publish the same, except such parts as require secrecy; and the yeas and nays on any question shall, at the desire of any five members, be entered on the journals.
Section 18: Each house, at the beginning of every regular session of the General Assembly, and whenever a vacancy may occur, shall elect from its members a presiding officer to be styled, respectively, the President of the Senate and the Speaker of the House of Representatives; and whenever, at the close of any session, it may appear that the term of the member elected President of the Senate will expire before the next regular session, the Senate shall elect another president from those members whose terms of office continue over, who shall qualify and remain President of the Senate until his successor may be elected and qualified; and who, in the case of a vacancy in the office of Governor, shall perform the duties and exercise the powers of Governor, as elsewhere
herein provided. Sec. 19. The style of the laws of the State of Arkansas shall be: "Be it enacted by the General Assembly of the State of Arkansas."
Section 22: Every bill shall be read at length on three different days in each house, unless the rules be suspended by two-thirds of the house, when the same may be read a second or third time on the same day; and
no bill shall become a law unless on its final passage the vote be taken by yeas and nays, the names of the persons voting for and against the same be entered on the journal, and a majority of each house be recorded thereon as voting in its favor.
Section 23: No law shall be revived, amended, or the provisions thereof extended or conferred by reference to its title only; but so much thereof as is revived, amended, extended or conferred shall be re-enacted and
published at length.
Section 26: No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the locality where the matter or the thing to be affected may be situated, which notice shall be at least thirty days prior to the introduction into the
General Assembly of such bill, and in the manner to be provided by law. The evidence of such notice having been published shall be exhibited in the General Assembly before such act shall be passed.
Section 34: No new bill shall be introduced into either house during the last three days of the session.
See. 35. Any person who shall, directly or indirectly, offer, give or promise any money or thing of value, testimonial, privilege or personal advantage to any executive or judicial officer or member of the General Assembly, and any such executive or judicial officer or member of the General Assembly who shall receive or consent to receive any such consideration, either directly or indirectly, to influence his action in the performance or non-performance of his public or official duty, shall be guilty of a felony and be punished accordingly.
Article VI: executive department
Section 1: The executive department of this State shall consist of a Governor, Secretary of State, Treasurer of State, Auditor of State and Attorney General, all of whom shall keep their offices in person at the seat of government, and hold their offices for the term of two years and until their successors are elected and qualified, and the General Assembly may provide by law for the establishment of the office of Commissioner of State Lands.
Sec. 2. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled "the Governor of the State of Arkansas."
Section 10: All grants and commissions shall be issued in the name and by the authority of the State of Arkansas, sealed with the great seal of the State, signed by the Governor and attested by the Secretary of State.
Sec. 11. No member of Congress, or other person holding office under the authority of this State, or of the United States, shall exercise the office of Governor, except as herein provided.
Section 14: Whenever the office of Governor shall have become vacant by death, resignation, removal from office or otherwise, provided such vacancy shall not happen within twelve months next before the expiration of the term of office for which the late Governor shall have been elected, the President of the Senate or Speaker of the House of Representatives, as the case may be, exercising the powers of Governor for the time being, shall immediately cause an election to be held to fill such vacancy, giving by proclamation sixty days' previous notice thereof, which election shall be governed by the same rules prescribed for general elections of Governor as far as applicable; the returns shall be made to
the Secretary of State, and the Acting Governor, Secretary of State and Attorney General shall constitute a board of canvassers, a majority of whom shall compare said returns and declare who is elected; and, if there be a contested election, it shall be decided as may be provided by law.
Section 15: Every bill which shall have passed both houses of the General Assembly shall be presented to the Governor; if he approves it he shall sign it; but if he shall not approve it, he shall return it, with his objections, to the house in which it originated, which house shall enter the objections at large upon their journal and proceed to reconsider it. If, after such reconsideration, a majority of the whole number elected to that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which, likewise, it shall be reconsidered; and, if approved by a majority of the whole number elected to
that house, it shall be a law; but in such eases the votes of both houses shall be determined by "yeas and nays," and the names of the members voting for or against the bill shall be entered on the journals. If any bill shall not be returned by the Governor within five days, Sunday excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevent its return, in which case it shall become a law, unless he shall file the same, with his objections, in the office of the Secretary of State and give notice thereof by public proclamation within twenty days after such adjournment.
Section 18: In all criminal and penal cases, except in those of treason and impeachment, the Governor shall have power to grant reprieves, commutations of sentence, and pardons after conviction; and to remit fines and forfeitures under such rules and regulations as shall be prescribed by law. In case of treason he shall have power, by and with the advice and consent of the Senate, to grant reprieves and pardons; and he may, in the recess of the Senate, respite the sentence until the adjournment of the next regular session of the General Assembly. He shall communicate to the General Assembly at every regular session each case of reprieve, commutation or pardon, with his reasons therefor, stating
the name and crime of the convict, the sentence, its date and the date of the commutation, pardon or reprieve. See. 19. The Governor may, by proclamation, on extraordinary occasions convene the General Assembly at the seat of government, or at a different place if that shall have become since their last adjournment dangerous from an enemy or contagious disease; and he shall specify in his proclamation the purpose for which they are convened, and no other business than that set forth therein shall be transacted until the same shall have been disposed of, after which they may, by a vote of two-thirds of all the members elected to both houses, entered upon their journals, remain in session not exceeding fifteen days.
Article VII: judicial department
Section 4: The Supreme Court, except in cases otherwise provided by this Constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions as may from time to time be prescribed by law. It shall have a general superintending control over all inferior courts of law and equity; and, in aid of its appellate and supervisory jurisdiction, it shall have power to issue writs of error and supersedeas, certiorari, habeas corpus, prohibition, mandamus and quo warranto, and other remedial writs, and to hear and determine the same. Its judges shall be conservators of the peace
throughout the State, and shall severally have power to issue any of the aforesaid writs.
Section 5: In the exercise of original jurisdiction the Supreme Court shall have power to issue writs of quo warranto to the circuit judges and chancellors when created, and to officers of political corporations when the question involved is the legal existence of such corporations.
Sec. 6. A judge of the Supreme Court shall be at least thirty years of age, of good moral character, and learned in the law; a citizen of the United States and two years a resident of the State, and who has been a practicing lawyer eight years, or whose service upon the bench of any court of record, when added to the time he may have practiced law, shall be equal to eight years. The judges of the Supreme Court shall be elected by the qualified electors of the State and shall hold their offices during the term of eight years from the date of their commissions; but at the first meeting of the court after the first election under this Constitution the judges shall by lot divide themselves into three classes, one of which shall hold his office for four, one for six and the other for eight years, after which each judge shall be elected for a full term of eight years. A record shall be made in the court of this classification
Section 21: Whenever the office of judge of the circuit court of any county is vacant at the commencement of a term of such court, or the judge of said court shall fail to attend, the regular practicing attorneys in attendance on said court may meet at 10 o'clock a. m. on the second day of the term and elect a judge to preside at such court, or until the regular judge shall appear; and if the judge of said court shall become sick or die or unable to continue to hold such court after its term shall have commenced, or shall from any cause be disqualified from presiding at the trial of any cause then pending therein, then the regular practicing attorneys in attendance on said court may in like
manner, on notice from the judge or clerk of said court, elect a judge to preside at such court or to try said causes, and the attorney so elected shall have the same power and authority in said court as the regular judge would have had if present and presiding; but this authority shall cease at the close of the term at which the election shall be made. The proceeding shall be entered at large upon the record. The special judge shall be learned in the law and a resident of the State. Sec. 22. The judges of the circuit courts may temporarily exchange circuits or hold courts for each other under such regulations as may be prescribed by law.
Section 37: The county judge shall receive such compensation for his services as presiding judge of the county court, as judge of the court of probate and judge of the court of common pleas, when established, as may be provided by law. In the absence of the circuit judge from the county the county judge shall have power to issue orders for injunction and other provisional writs in their counties, returnable to the court having jurisdiction, provided that either party may have such order reviewed by any superior judge in vacation in such manner as shall
be provided by law. The county judge shall have power, in the absence of the circuit judge from the county, to issue, hear and determine writs of habeas corpus under such regulations and restrictions as shall be provided by law
Section 40: They shall have original jurisdiction in the following matters: First, exclusive of the circuit court, in all matters of contract where the amount in controversy does not exceed the sum of one hundred dollars, excluding interest, and concurrent jurisdiction in matters of contract where the amount in controversy does not exceed the sum of three hundred dollars, exclusive of interest; second, concurrent jurisdiction in suits for the recovery of personal property where the value of the property does not exceed the sum of three hundred dollars, and in all matters of damage to personal property where the amount in controversy does not exceed the sum of one hundred dollars; third such jurisdiction of misdemeanors as is now, or may be, prescribed by law; fourth, to sit as examining courts and commit, discharge or recognize offenders to the court having jurisdiction for further trial, and to bind persons to keep the peace or for good behaviour; fifth, for
the foregoing purposes they shall. have power to issue all necessary process; sixth, they shall be conservators of the peace within their respective counties, provided a justice of the peace shall not have jurisdiction where a lien on land or title or possession thereto is involved.
Section 51: That in all cases of allowances made for or against counties, cities or towns, an appeal shall lie to the circuit court of the county, at the instance of the party aggrieved, or on the intervention of any citizen or resident and tax-payer of such county, city or town, on the same terms and conditions on which appeals may be granted to the circuit court in other cases; and in the matter pertaining to any such allowance shall be tried in the circuit court de novo. In case an appeal be taken by any citizen he shall give a bond, payable to the proper county, conditioned to prosecute the appeal and save the county from
costs on account of the same being taken.
Article VIII: apportionment
Section 1: The House of Representatives shall consist of not less than seventy-three, nor more than one hundred members. Each county now organized shall always be entitled to one representative, the remainder to be apportioned the several counties according to the number of adult male inhabitants, taking two thousand as the ratio, until the number of representatives amounts to one hundred, when they shall not be further increased; but the ratio of representation shall, from
time to time, be increased, as hereinafter provided, so that the representatives shall never exceed that number. And until the enumeration of the inhabitants is taken by the United States government, A. D. 1880, the representatives shall be apportioned among the several counties, as follows: The County of Arkansas shall elect one representative. The County of Ashley shall elect one representative. The County of Benton shall elect two representatives. The County of Boone shall elect one representative. The County of Bradley shall elect one representative. The County of Baxter shall elect one representative. The County of Calhoun shall elect one representative. The County of Carroll shall elect one representative. The County of Chicot shall elect one representative. The County of Columbia shall elect two representatives. The County of Clark shall elect two representatives. The County of Conway shall elect one representative. The County of Craighead shall elect one representative. The County of Crawford shall elect one representative. The County of Cross shall elect one representative. The County of Crittenden shall elect one representative. The County of Clayton shall elect one representative. The County of Dallas shall elect one representative. The County of Desha shall elect one representative. The County of Drew shall elect one representative. The County of Dorsey shall elect one representative. The County of Franklin shall elect one representative. The County of Fulton shall elect one representative. The County of Faulkner shall elect one representative. The County of Grant shall elect one representative. The County of Greene shall elect one representative. The County of Garland shall elect one representative. The County of Hempstead shall elect two representatives. The County of Hot Spring shall elect one representative. The County of Howard shall elect one representative. The County of Independence shall elect two representatives. The County of Izard shall elect one representative. The County of Jackson shall elect one representative. The County of Jefferson shall elect three representatives. The County of Johnson shall elect one representative. The County of Lafayette shall elect one representative. The County of Lawrence shall elect one representative. The County of Little River shall elect one representative. The County of Lonoke shall elect two representatives. The County of Lincoln shall elect one representative. The County of Lee shall elect two representatives. The County of Madison shall elect one representative. The County of Marion shall elect one representative. The County of Monroe shall elect one representative. The County of Montgomery shall elect one representative. The County of Mississippi shall elect one representative. The County of Nevada shall elect one representative. The County of Newton shall elect one representative. The County of Ouachita shall elect two representatives. The County of Perry shall elect one representative. The County of Phillips shall elect three representatives. The County of Pike shall elect one representative. The County of Polk shall elect one representative. The County of Pope shall elect one representative. The County of Poinsett shall elect one representative. The County of Pulaski shall elect four representatives. The County of Prairie shall elect one representative. The County of Randolph shall elect one representative. The County of Saline shall elect one representative. The County of Sarber shall elect one representative. The County of Scott shall elect one representative. The County of Searcy shall elect one representative. The County of Sebastian shall elect two representatives. The County of Sevier shall elect one representative. The County of Sharp shall elect one representative. The County of St. Francis shall elect one representative. The County of Stone shall elect one representative. The County of Union shall elect two representatives. The County of Van Buren shall elect one representative. The County of Washington shall elect three representatives. The County of White shall elect two representatives. The County of Woodruff shall elect one representative. The County of Yell shall elect one representative.
Section 2: The legislature shall from time to time divide the State into convenient senatorial districts in such manner that the Senate shall be based upon the adult male inhabitants of the State, each senator representing an equal number as nearly as practicable, and until the enumeration of the inhabitants is taken by the United States government, A. D. 1880, the districts shall be arranged as follows:
The Counties of Greene, Craighead and Clayton shall compose the First District and elect one senator. The Counties of Randolph, Lawrence and Sharp shall compose the Second District and elect one senator. The Counties of Carroll, Boone and Newton shall compose the Third District and elect one senator. The Counties of Johnson and Pope shall compose the Fourth District and elect one senator. The County of Washington shall compose the Fifth District and elect one senator. The Counties of Independence and Stone shall compose the Sixth District and elect one senator. The Counties of Woodruff, St. Francis, Cross and Crittenden shall compose the Seventh District and elect one senator. The Counties of Yell and Sarber shall compose the Eighth District and elect one senator. The Counties of Saline, Garland, Hot Spring and Grant shall compose the Ninth District and elect one senator. The Counties of Pulaski and Perry shall compose the Tenth District and elect two senators. The County of Jefferson shall compose the Eleventh District and elect one senator. The Counties of Lonoke and Prairie shall compose the Twelfth District and elect one senator. The Counties of Arkansas and Monroe shall compose the Thirteenth District and elect one senator. The Counties of Phillips and Lee shall compose the Fourteenth Distriet and elect one senator. The Counties of Desha and Chicot shall compose the Fifteenth Distriet and elect one senator. The Counties of Lincoln, Dorsey and Dallas shall compose the Sixteenth District and elect one senator. The Counties of Drew and Ashley shall compose the Seventeenth District and elect one senator. The Counties of Bradley and Union shall compose the Eighteenth District and elect one senator. The Counties of Calhoun and Ouachita shall compose the Nineteenth District and elect one senator. The Counties of Hempstead and Nevada shall compose the Twentieth District and elect one senator. The Counties of Columbia and Lafayette shall compose the Twenty-first District and elect one senator. The Counties of Little River, Sevier, Howard and Polk shall compose the Twenty-second District and elect one senator. The Counties of Fulton, Izard, Marion and Baxter shall compose the Twenty-third District and elect one senator. The Counties of Benton and Madison shall compose the Twenty-fourth District and elect one senator. The Counties of Crawford and Franklin shall compose the Twenty-fifth District and elect one senator. The Counties of Van Buren, Conway and Searey shall compose the Twenty-sixth District and elect one senator. The Counties of White and Faulkner shall compose the Twenty-seventh District and elect one senator. The Counties of Sebastian and Scott shall compose the Twenty-eighth District and elect one senator. The Counties of Poinsett, Jackson and Mississippi shall compose the Twenty-ninth District and elect one senator. The Counties of Clark, Pike and Montgomery shall compose the Thirtieth District and elect one senator. And the Senate shall never consist of less than thirty nor more than thirty-five members.
Article IX: exemption
Section 6: If the owner of a homestead die, leaving a widow, but no children, and said widow has no separate homestead in her own right, the same shall be exempt and the rents and profits thereof shall vest in her during her natural life, provided that if the owner leaves children, one or more, said child or children shall share with said widow and be entitled to half the rents and profits till each of them arrives at twenty-one years of age—each child's right to cease at
twenty-one years of age—and the shares to go to the younger children, and then all to go to the widow, and provided that said widow or children may reside on the homestead or not; and in case of the death of the widow all of said homestead shall be vested in the minor children of the testator or intestate.
Article XI: militia
Section 1: 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.
Sec. 2. Volunteer companies of infantry, cavalry or artillery may be formed in such manner and with such restrictions as may be provided by law.
Article XII: municipal and private corporations
Section 7: Except as herein provided, the State shall never become a stockholder in, or subscribe to, or be interested in, the stock of any corporation or association.
Sec. 8. No private corporation shall issue stocks or bonds, except for money or property actually received or labor done, and all fictitious increase of stock or indebtedness shall be void; nor shall the stock or bonded indebtedness of any private corporation be increased, except in pursuance of general laws, nor until the consent of the persons holding the larger amount in value of stock shall be obtained at a meeting held after notice given for a period not less than sixty days, in pursuance of law.
Article XIII: counties, county seats and county lines
Section 1: No county now established shall be reduced to an area of less than six hundred square miles nor less than five thousand inhabitants; nor shall any new county be established with less than six hundred square miles and five thousand inhabitants. Provided, that this section shall not apply to the Counties of Lafayette, Pope and Johnson, nor be so construed as to prevent the General Assembly from changing the line between the Counties of Pope and Johnson.
Sec. 2. No part of a county shall be taken off to form a new county or a part thereof without the consent of a majority of the voters in such part proposed to be taken off.
Article XIV: education
Section 3: The General Assembly shall provide by general laws for the support of common schools by taxes, which shall never exceed in any one year two mills on the dollar on the taxable property of the State, and by an annual per capita tax of one dollar, to be assessed on every male inhabitant of this State over the age of twenty-one years. Provided, the General Assembly may by general law authorize school districts to levy by a vote of the qualified electors of such district a
tax not to exceed five mills on the dollar in any one year for school purposes. Provided further, that no such tax shall be appropriated to any other purpose nor to any other district than that for which it was levied.
Article XVI: finance and taxation
Section 1: Neither the State nor any city, county, town or other municipality in this State shall ever loan its credit for any purpose whatever; nor shall any county, city, town or municipality ever issue any interest-bearing evidences of indebtedness, except such bonds as may be authorized by law to provide for and secure the payment of the present existing indebtedness, and the State shall never issue any interest-bearing treasury warrants or scrip.
See. 2. The General Assembly shall, from time to time, provide for the payment of all just and legal debts of the State. See. 3. The making of profit out of public moneys, or using the same for any purpose not authorized by law, by any officer of the State or member or officer of the General Assembly, shall be punishable as may be provided by law; but part of such punishment shall be disqualification to hold office in this State for a period of five years.
Section 4: The General Assembly shall fix the salaries and fees of all officers in the State, and no greater salary or fee than that fixed by law shall be paid to any officer, employe or other person, or at any rate other than par value; and the number and salaries of the clerks and employes of the different departments of the State shall be fixed by law.
Sec. 5. All property subject to taxation shall be taxed according to its value, that value to be ascertained in such manner as the General Assembly shall direct, making the same equal and uniform throughout the State. No one species of property from which a tax may be collected shall be taxed higher than another species of property of equal value, provided the General Assembly shall have power from time to time to tax hawkers, peddlers, ferries, exhibitions and privileges in such manner as may be deemed proper. Provided further, that the following property shall be exempt from taxation: Public property used exclusively for public purposes; churches used as such; cemeteries used exclusively as such; school buildings and apparatus; libraries and grounds used exclusively for school purposes, and buildings and grounds and materials used exclusively for public charity.
Section 11: No tax shall be levied except in pursuance of law, and every law imposing a tax shall state distinctly the object of the same;
and no moneys arising from a tax levied for one purpose shall be used for any other purpose.
Article XVII: railroads, canals and turnpikes
Section 3: Al individuals, associations and corporations shall have equal right to have persons and property transported over railroads, canals and turnpikes, and no undue or unreasonable discrimination shall be made in charges for, or in facilities for transportation of freight or passengers, within the State, or coming from or going to any other State. Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the
same direction to any more distant station; but excursion and commutation tickets may be issued at special rates.
Section 4: No railroad, canal or other corporation, or the lessees purchasers or managers of any railroad, canal or corporation, shall consolidate the stock, property or franchises of such corporation with, or lease or purchase the works or franchise of, or in any way control, any other railroad or canal corporation owning or having under its control a parallel or competing line, nor shall any officer of such railroad or canal corporation act as an officer of any other railroad or canal corporation owning or having control of a parallel or competing
line; and the question whether railroads or canals are parallel or competing lines, shall, when demanded by the party complainant, be decided by a jury as in other civil issues.
Section 6: No discrimination in charges or facilities for transportation shall be made between transportation companies and individuals or in favor of either by abatement, drawback or otherwise, and no railroad or canal company or any lessee, manager or employe thereof shall make any preference in furnishing cars or motive power.
Sec. 7. The General Assembly shall prevent by law the granting of free passes by any railroad or transportation company to any officer of this State, legislative, executive or judicial.
Article XVIII: judicial circuits
Section 1: Full Text
Until otherwise provided by the General Assembly the judicial circuits shall be composed of the following counties: First—Phillips, Lee, St. Francis, Prairie, Woodruff, White and Monroe. Second—Mississippi, Crittenden, Cross, Poinsett, Craighead, Greene, Clayton and Randolph. Third—Jackson, Independence, Lawrence, Sharp, Fulton, Izard, Stone and Baxter. Fourth—Marion, Boone, Searcy, Newton, Madison, Carroll, Benton and Washington, Fifth—Pope, Johnson, Franklin, Crawford, Sebastian, Sarber and Yell. Sixth—Lonoke, Pulaski, Van Buren and Faulkner. Seventh—Grant, Hot Spring, Garland, Perry, Saline and Conway Eighth—Scott, Montgomery, Polk, Howard, Sevier, Little River, Pike and Clark. Ninth—Hempstead, Lafayette, Nevada, Columbia, Union, Ouachita and Calhoun. Tenth—Chicot, Drew, Ashley, Bradley, Dorsey and Dallas. Eleventh—Desha, Arkansas, Lincoln and Jefferson. Until otherwise provided by the General Assembly, the circuit courts shall be begun and held in the several counties as follows: first circuit. White—First Monday in February and August. Woodruff—Third Monday in February and August. Prairie—Second Monday after the third Monday in February and August. Monroe—Sixth Monday after the third Monday in February and August. St. Francis—Eighth Monday after the third Monday in February and August. Lee—Tenth Monday after the third Monday in February and August. Phillips—Twelfth Monday after the third Monday in February and August. second circuit. Mississippi—First Monday in March and September. Crittenden—Second Monday in March and September. Cross—Second Monday after the second Monday in March and September. Poinsett—Third Monday after the second Monday in March and September. Craighead—Fourth Monday after the second Monday in March and September. Greene—Sixth Monday after the second Monday in March and September. Clayton—Seventh Monday after the second Monday in March and September. Randolph—Ninth Monday after the second Monday in March and September. third circuit. Jackson—First Monday in March and September. Lawrence—Fourth Monday in March and September. Sharp—Second Monday after the fourth Monday in March and September. Fulton—Fourth Monday after the fourth Monday in March and September. Baxter— Sixth Monday after the fourth Monday in March and September. Izard—Seventh Monday after the fourth Monday in March and September. Stone—Ninth Monday after the fourth Monday in March and September. Independence—Tenth Monday after the fourth Monday in March and September. fourth circuit. Marion—Second Monday in February and August. Boone—Third Monday in February and August. Searcy—Second Monday after the third Monday in February and August. Newton—Third Monday after the third Monday in February and August. Carroll—Fourth Monday after the third Monday in February and August. Madison—Fifth Monday after the third Monday in February and August. Benton—Sixth Monday after the third Monday in February and August. Washington—Eighth Monday after the third Monday in February and August. fifth circuit. Greenwood District, Sebastian County—Third Monday in February and August. Fort Smith District, Sebastian County—First Monday after the fourth Monday in February and August. Crawford—Fourth Monday after the fourth Monday in February and August. Franklin—Sixth Monday after the fourth Monday in February and August. Sarber—Eighth Monday after the fourth Monday in February and August. Yell—Tenth Monday after the fourth Monday in February and August. Pope—Twelfth Monday after the fourth Monday in February and August. Johnson—Fourteenth Monday after the fourth Monday in February and August. sixth circuit. In the County of Pulaski on the First Monday in February, and continue twelve weeks, if the business of said court require it. In the County of Lonoke on the first Monday succeeding the Pulaski court, and continue two weeks if the business of said court require it. In the County of Faulkner on the first Monday after the Lonoke court, and continue two weeks if the business of said court require it. In the County of Van Buren on the first Monday after the Faulkner court, and continue two weeks if the business of said court require it. fall term, sixth circuit. In the County of Pulaski on the first Monday in October, and continue seven weeks if the business of said court require it. In the County of Lonoke on the first Monday next after the Pulaski court, and continue two weeks if the business of said court require it. In the County of Faulkner on the first Monday after the Lonoke court, and continue one week if the business of said court require it. In the County of Van Buren on the first Monday after the Faulkner court, and continue one week if the business of said court require it. seventh circuit. Hot Spring—Second Monday in March and September. Grant—Third Monday in March and September. Saline—Fourth Monday in March and September. Conway—Second Monday after the fourth Monday in March and September. Perry—Fourth Monday after the fourth Monday in March and September. Garland—Fifth Monday after the fourth Monday in March and September. eighth circuit. Montgomery—First Monday in February and August. Scott—First Monday after the first Monday in February and August. Polk—Second Monday after the first Monday in February and August. Sevier—Third Monday after the first Monday in February and August. Little River—Fifth Monday after the first Monday in February and August. Howard—Seventh Monday after the first Monday in February and August. Pike—Eighth Monday after the first Monday in February and August. Clark—Ninth Monday after the first Monday in February and August. ninth circuit. Calhoun—First Monday in March and September. Union—Second Monday after the first Monday in March and September. Columbia—Fourth Monday after the first Monday in March and September. Lafayette—Sixth Monday after the first Monday in March and September. Hempstead—Eighth Monday after the first Monday in March and September. Nevada—Eleventh Monday after the first Monday in March and September. Ouachita—Thirteenth Monday after the first Monday in March and September. tenth circuit. Dorsey—Third Monday in February and August. Dallas—First Monday in March and September. Bradley—Second Monday in March and September. Ashley—Third Monday in March and September. Drew—Second Monday after the third Monday in March and September. Chicot—Fourth Monday after the third Monday in March and September. eleventh circuit. In the County of Desha on the first Monday in March and September. In the County of Arkansas on the fourth Monday in March and September. In the County of Lincoln on the third Monday after the fourth Monday in March and September. In the County of Jefferson on the sixth Monday after the fourth Monday in March and September.
Article XIX: miscellaneous provisions
Section 11: The Governor, Secretary of State, Auditor, Treasurer, Attorney General, judges of the Supreme Court, judges of the circuit courts, Commissioner of State Lands and prosecuting attorneys shall each receive a salary, to be established by law, which shall not be increased or diminished during their respective terms, nor shall any of them, except the prosecuting attorneys, after the adoption of this Constitution, receive to his own use any fees, costs, perquisites of office or other compensation; and all fees that may hereafter be payable by law
for any service performed by any officer mentioned in this section, except prosecuting attorneys, shall be paid in advance into the State treasury. Provided, that the salaries of the respective officers herein mentioned shall never exceed per annum: For Governor, the sum of $4,000.00; for Secretary of State, the sum of $2,500.00; for Treasurer, the sum of $8,000.00; for Auditor, the sum of $3,000.00; for Attorney General, the sum of $2,500.00; for Commissioner of State Lands, the sum of $2,500.00; for judges of the Supreme Court, each, the sum of $4,000.00; for judges of the circuit courts and chancellors, each, the sum of $3,000,00; for prosecuting attorney, the sum of $400.00. And provided further, that the General Assembly shall provide for no increase of salaries of its members which shall take effect before the meeting of the next General Assembly.
Section 12: An accurate and detailed statement of the receipts and expenditures of the public money, the several amounts paid, to whom and on what account, shall, from time to time, be published as may be prescribed by law.
Sec. 13. All contracts for a greater rate of interest than ten per centum per annum shall be void, as to principal and interest, and the General Assembly shall prohibit the same by law, but when no rate of interest is agreed upon the rate shall be six per centum per annum.
Section 15: All stationery, printing, paper, fuel, for the use of the General Assembly and other departments of government, shall be furnished, and the printing, binding and distributing of the laws journals, department reports and all other printing and binding and the repairing and furnishing the halls and rooms used for the meetings of the General Assembly and its committees, shall be performed under contract to be given to the lowest responsible bidder, below such maximum price and under such regulations as shall be prescribed by law. No
member or officer of any department of the government shall in any way be interested in such contracts, and all such contracts shall be subject to the approval of the Governor, Auditor and Treasurer.
Section 2: Senators and Representatives and all judicial and exe-
entive State and county officers, and all other officers, both civil and military, before entering on the duties of their respective offices, shall take and subscribe to the following oath or affirmation: I —— —, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of —— —, upon which I am now about to enter."
Section 26: Militia officers, officers of the public schools and notaries may be elected to fill any executive or judicial office.
See. 27. Nothing in this Constitution shall be so construed as to prohibit the General Assembly from authorizing assessments on real property for local improvements in towns and cities, under such regulations as may be prescribed by law, to be based upon the consent of a majority in value of the property holders owning property adjoining the locality to be affected; but such assessments shall be ad valorem and uniform. SCHEDULE.
Section 16: The polls shall be opened at 8 o'clock in the forenoon and shall be kept open until sunset. After the polls are closed the ballots shall be counted by the judges at the place of voting as soon as the polls are closed, unless prevented by violence or accident, and the results by them certified on the poll books and the ballots sealed up. They shall be returned to the county board of election supervisors, who shall proceed to cast up the votes and ascertain and state the
number of votes cast for the Constitution and the number cast against the Constitution, and also the number of votes cast for each candidate voted for for any office, and shall forthwith forward to the State Board of Supervisors, duly certified by them, one copy of the statement or abstract of the votes so made out by them, retain one copy in their possession and file one copy in the office of the county clerk, where they shall also deposit for safe-keeping the ballots, sealed up, and one copy of the poll-books, retaining possession of the other copies.
Section 17: The State Board of Supervisors shall at once proceed, on receiving such returns from the county board, to ascertain therefrom and state the whole number of votes given for the Constitution and the whole number given against it, and if a majority of all votes cast be in favor of the Constitution they shall at once make public that fact by publication in two or more of the leading newspapers published in the City of Little Rock, and this Constitution, from that date, shall be in force; and they shall also make out and file in the office of the
Secretary of State an abstract of all the votes east for the Constitution and all the votes cast against it, and also an abstract of all votes cast for every candidate voted for at the election, and file the same in the office of the Secretary of State, showing the candidate elected. They shall also make out and certify and lay before each house of the General Assembly a list of the members elected to that house, and shall also make out, certify and deliver to the Speaker of the House of Representatives an abstract of all votes cast at the election for any and all persons for the office of Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney General and Commissioner of State Lands, and the said Speaker shall east up the votes and announce the names of the persons elected to these offices. The Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney General and Commissioner of State Lands chosen at said election shall qualify and enter upon the discharge of the duties of their respective offices within fifteen days after the announcement of their election as aforesaid.
Section 18: All officers shown to be elected by the abstract of said election filed by the State Board of Supervisors in the office of the Secretary of State, required by this Constitution to be commissioned, shall be commissioned by the Governor.
Sec. 19. At said election the qualified voters of each county and senatorial district, as defined in Article eight of this Constitution, shall elect respectively Representatives and Senators according to the numbers and apportionment contained in said article. The board of election supervisors of each county shall furnish certificates of election to the person or persons elected to the House of Representatives as soon as practicable after the result of the election has been ascertained, and such board of election supervisors in each county shall make a correct return of the election for senator or senators to the board of election supervisors of the county first named in the senatorial apportionment, and said board shall furnish certificates of election to the person or persons elected as Senator or Senators in said senatorial district as soon as practicable.
Section 23: The county courts provided for in this Constitution shall be regarded in law as a continuation of the boards of supervisors now existing by law, and the circuit courts shall be regarded in law as a continuation of the criminal courts wherever the same may have existed in their respective counties, and the probate courts shall be regarded as continuations of the circuit courts for the business within the jurisdiction of such probate courts, and the papers and records pertaining to said courts and jurisdictions shall be transferred accordingly; and
no suit or prosecution of any kind shall abate because of any change made in this Constitution.
Section 24: All officers now in office whose offices are not abolished by this convention shall continue in office and discharge the duties imposed on them by law until their successors are elected and qualified under this Constitution. The office of Commissioner of State Lands shall be continued, provided that the General Assembly at its next session may abolish or continue the same in such manner as may be prescribed by law.
Sec. 25. Any election officer appointed under the provisions of this schedule who shall fraudulently and corruptly permit any person to vote illegally, or refuse the vote of any qualified elector, east up or make a false return of said election, shall be deemed guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary not less than five years nor more than ten years. And any person who shall vote when not a qualified elector, or vote more than once, or bribe any one to vote contrary to his wishes, or intimidate or prevent any elector by threats, menace or promises from voting, shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than five years.
Section 28: For the period of two years from the adoption of this Constitution, and until otherwise provided by law, the respective officers herein enumerated shall receive for their services the following salaries per annum:
For Governor, the sum of $3,500.00; for Secretary of State, the sum of $2,000.00; for Treasurer, the sum of $2,500.00; for Auditor, the sum of $2.500.00; for Attorney General, the sum of $2,000.00; for Commissioner of State Lands, the sum of $2,000.00; for judges of the Supreme Court, each, the sum of $3,500.00; for judges of circuit and chancery courts, each, the sum of $2,500.00; for prosecuting attorneys, each, the sum of $400.00; for members of the General Assembly, the sum of $6.00 per day and twenty cents per mile for each mile traveled in going to and returning from the seat of government over the most direct and practicable route. GRANDISON D. ROYSTON, President of the Convention and Delegate from the County of Hempstead. THOMAS W. NEWTON, Secretary A. M. RODGERS, Delegate from Benton County. HORACE H. PATTERSON, Delegate from Benton County. W. W. BAILEY, Delegate from Boone County. JOHN R. HAMPTON, Delegate from Bradley County. JOHN W. CYPERT, Delegate from Baxter County. BRADLEY BUNCH, Delegate from Carroll County. JESSE A. ROSS, Delegate from Clark County. H. F. THOMASON, Delegate from Crawford County. W. D. LEIPER, Delegate from Dallas County. WM. J. THOMPSON, Delegate from Woodruff County. JAMES A. GIBSON, Delegate from Arkansas County. HENRY W. CARTER, Delegate from Pike County. DANIEL F. REINHARDT, Delegate from Prairie County. ELIJAH MOSELEY, Delegate from Ouachita County. STEPHEN C. BATES, Delegate from Polk County. G. P. SMOOTE, Delegate from Columbia County. D. L. KILGORE, Delegate from Columbia County. WILLIAM S. HANNA, Delegate from Conway County. JOHN S. ANDERSON, Delegate from Craighead County. J. G. FRIERSON, Delegate from Cross County. E. FOSTER BROWN, Delegate from Clayton County. JAS. P. STANLEY, Delegate from Drew County. JOHN NIVEN, Delegate from Dorsey County. WILLIAM W. MANSFIELD, Delegate from the County of Franklin. JOHN DUNAWAY, Delegate from the County of Faulkner. DAVIDSON D. CUNNINGHAM, Delegate from Grant County. BEN H. CROWLEY, Delegate from the County of Greene. H. M. RECTOR, Delegate from Garland County. JOHN R. EAKIN, Delegate from Hempstead County. W. C. KELLY, Delegate from Hot Spring County. J. W. BUTLER, Delegate from Independence County. JAMES RUTHERFORD, Delegate from Independence County. RANSOM GULLEY, Delegate from Izard County. FRANKLIN DOSWELL, Delegate from Jackson County. JOHN A. WILLIAMS, Delegate from Jefferson County. SETH J. HOWELL, Delegate from Johnson County. PHILIP K. LESTER, Delegate from Lawrence County. J. H. WILLIAMS, Delegate from Little River County. J. P. EAGLE, Delegate from Lonoke County. REASON G. PUNTNEY, Delegate from Lincoln County. MONROE ANDERSON, Delegate from Lee County. JOHN CARROLL, Delegate from Madison County. S. P. HUGHES, Delegate from Monroe County. NICHOLAS W. CABLE, Delegate from Montgomery County. CHARLES BOWEN, Delegate from Mississippi County. R. K. GARLAND, Delegate from Nevada County. HENRY G. BUNN, Delegate from Ouachita County. W. H. BLACKWELL, Delegate from Perry County. JOHN J. HORNOR, Delegate from Phillips County. JOHN R. HOMER SCOTT, Delegate, from County of Pope. JOHN MILLER, JR., Delegate from the County of Randolph. SIDNEY M. BARNES, Delegate from the County of Pulaski. JABEZ M. SMITH, Delegate from Saline County. BEN B. CHISM, Delegate from the County of Sarber. J. W. SORRELLS, Delegate from Seott County. W. S. LINDSEY, Delegate from Searcy County. R. P. PULLIAM, Delegate from Sebastian County. W. M. FISHBACK, Delegate from Sebastian County. B. H. KINSWORTHY, Delegate from Sevier Conuty . LEWIS WILLIAMS, Delegate from Sharp County. JOHN M. PARROTT, Delegate from Saint Francis County. WALTER J. CAGLE, Delegate from Stone County. HORATIO G. P. WILLIAMS, Delegate from Union County. ROBT. GOODWIN, Delegate from Union County. A. R. WITT, Delegate from Van Buren County. R. P. POLK, Delegate from Phillips County. T. W. THOMASON, Delegate from Washington County. BENJAMIN F. WALKER, Delegate from Washington County. M. F. LAKE, Delegate from Washington County. JESSE N. CYPERT, Delegate from White County. J. W. HOUSE, Delegate from White County. JOSEPH T. HARRISON, Delegate from Yell County. MARCUS L. HAWKINS, Delegate from Ashley County. EDWIN R. LUCAS, Delegate from Fulton County. BENJAMIN W. JOHNSON, Delegate from Calhoun County. RODERICK JOYNER, Delegate from Poinsett County.
Source: Imported from all_50_state_constitutions_FINAL.md
Last Updated: June 28, 2026
Overview
The Arkansas Constitution of 1874 serves as the fundamental law of the state, establishing the framework for government and protecting the rights of its citizens.
History
Arkansas was admitted to the Union on June 15, 1836.
The current constitution was adopted in 1874. State constitutions are often amended more frequently than the federal Constitution, reflecting changing needs and values of state residents.
Structure of Government
Legislative
State Legislature
Executive
Governor & Cabinet
Judicial
State Courts
Bill of Rights
Like the U.S. Constitution, the Arkansas Constitution includes protections for individual rights and liberties. State constitutions often provide broader protections than the federal Constitution, serving as a "floor" rather than a "ceiling" for rights.