Arkansas Constitution

Attorney General Griffin Partners with University of Arkansas to Secure State’s Constitutional Documents

Griffin: ‘It is well past time that we bring these historical resources into the modern age by digitizing them and making them available to everyone’

LITTLE ROCK – Attorney General Tim Griffin today issued the following statement announcing a joint effort by his office and the University of Arkansas, who will be working with the University of Oxford’s Quill Project to preserve historical documents related to the framing and ratification of the current Arkansas Constitution and previous versions and make them more easily accessible for research and public consumption:

“It is fitting that as we mark the 150th anniversary of the Arkansas Constitution, my office is working with the University of Arkansas to preserve and digitize the documents relating to our current constitution and previous versions dating back to our state’s founding.

“Thousands of legal opinions, law review articles, and legal memos are written every single year without the benefit of the documents that we possess in our archives. Why don’t we avail ourselves of the information that we possess? Because documents related to Arkansas’s constitutions, the current version of which was ratified in 1874, are publicly available, but not easily accessible. Someone wanting to research and read the documents must drive to their location and physically thumb through thousands of files.

“Not only are these documents difficult to access, but they also aren’t searchable. They aren’t digitized and, as a result, cannot be searched in the course of normal legal research as you would with cases, for example. While completing a recent research project, staff in my office spent several days rummaging through boxes of old documents, many of which are deteriorating and have been damaged over time.

“It is well past time that we bring these historical resources into the modern age by digitizing them and making them available to everyone. To do that, I am committing funding to the University of Arkansas to lead this initiative. The University of Arkansas will work in conjunction with the University of Oxford and its Quill Project that provides a portal for legal research involving all 50 states and the federal government and has established itself as the authority and leader on this type of research.
“This tool will revolutionize scholarship surrounding the Arkansas Constitution, providing a benefit not just to researchers and archivists, but also judges, attorneys, elected officials, and everyday citizens. This effort represents a collaboration between my office, the University of Arkansas, the University of Oxford, the Quill Project, and the State Archives. This is a monumental step for the State of Arkansas and an effort that will benefit generations of Arkansans to come.”

University of Arkansas Chancellor Dr. Charles F. Robinson provided this statement:

“As a land-grant institution, the University of Arkansas is dedicated to serving the people of our state and nation. Joining the Quill Project provides an incredible opportunity to fulfill this commitment by preserving Arkansas’s constitutional history and enriching our collective understanding of the foundations of American democracy.”

Senior Research Fellow and director of the Quill Project at the University of Oxford, Dr. Nicholas Cole of Pembroke College provided this statement:

“Democracy is stronger in America than anywhere else in the world, and Americans instinctively know that it is because of their federal system. Too little attention has been to the history of state constitutions. The history of institutions is something that, in the last few generations, has fallen out of the curriculum. If you understand the history of democratic institutions and how hard it is to reach agreement over very difficult issues, then I think you have more understanding of why things have evolved the way they have evolved.

“A minority of the world’s population have ever lived under democratic government at any one time. Democracy is a fragile and difficult thing. I think this project is about not taking it for granted.”

Dr. Cynthia Nance, Dean of the University of Arkansas School of Law, shared the following statement:
“The University of Arkansas School of Law is honored to contribute to this significant project, which will offer Arkansas citizens, researchers, and members of the judiciary and legal profession deeper insights into the origins of the state’s constitutional provisions. We commend the Attorney General for his leadership in pursuing this critical initiative.”

Dr. Colin Crawford, Dean of the University of Arkansas at Little Rock’s Bowen School of Law, issued the following statement:

“The Quill Project promises to be an outstanding resource for scholars, lawyers, and citizens in Arkansas. I was trained as a historian before going to law school, and I know that historical context matters to understanding the law and our legal traditions. Being able easily to access the sorts of historical legal materials that the Quill Project identifies is sure to lead to better-informed thinking about and understanding of the law.”

Dr. David Ware, State Historian and Arkansas State Archives Director, shared the following:

“Studying and debating the origins, intentions and the contents of state and national constitutions is an important, vital part of citizenship. Often, one hears assertions of constitutional rights or the original intent of constitutions’ framers, based on beliefs or wishful thinking, rather than acquaintance with and examination of the available evidence. The Quill Project will collect that evidence and promises to make it generally, conveniently available, which is a big step on the road to better general understanding of the ‘whats and whys and wherefores’ of our constitutions. This is a collection of good work – the work of archives, libraries, historians and any who love the principle of law and enjoy studying it.”

Jason Battles, Dean of the University of Arkansas Libraries, provided the following statement:

“The Quill Project is an exciting undertaking for the University of Arkansas Libraries and we are grateful to Attorney General Griffin for entrusting us with the task of incorporating the rich constitutional history of Arkansas. Our participation will achieve multiple worthy goals: preserve at-risk documents, bring these documents together into one searchable site, and add important context to convention proceedings, related committee activities, and even delegate correspondence thus providing a more complete story of how critical documents of our state’s history came to be.”

Howard Brill, Professor at the University Arkansas School of Law and former Chief Justice of the Arkansas Supreme Court, said:

“The Quill Project will be of singular importance to attorneys and judges. I teach a course on the Arkansas Constitution and these documents will provide valuable background information. In addition, when I was on the Court, I authored a dissenting opinion in Trujillo v. State, 2016 Ark. 49, which required an interpretation of a provision of the Arkansas Declaration of Rights as it appeared in all five Arkansas Constitution. These primary source documents would have been of great help in writing that opinion.”

Williams Baptist College Professor Dr. Rodney Harris, who has done extensive research on the Arkansas Constitution, shared the following:

“The handwritten 1874 Constitutional Convention journal presents one of the biggest obstacles for researchers when it comes to the present constitution. The framers of the Constitution either did not wish to spend the money to have the proceedings printed or they deliberately attempted to keep the public in the dark and we will never know which. I am confident that this project will make the intent of the framers better known and help shape our understanding of the 1874 Constitution.”

Canvassing groups collect signatures as July deadline looms

KUAR | By Josie Lenora

Arkansas groups attempting to put their ballot amendments before voters are coming up on an important deadline.

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If you want a certain issue to appear on the ballot for voters in November, you have to get tens of thousands of signatures from across the state. If you want to pass an initiative, that number is over 72,000. If the proposal you are trying to pass amends the Arkansas Constitution, you have to collect just over 90,000 signatures from 50 of the state’s 75 counties.

Groups are about a month away from a July 5 deadline to submit signatures. There are seven groups or people who are pushing amendments and initiatives; six of those are scrambling in the final stretch to collect as many signatures as they can.

Canvassing groups collect signatures as July deadline looms

Freedom of Information Act advocates ready to unveil constitutional amendment proposal

by Roby Brock (roby@talkbusiness.net)

By next week, expect to see the first draft of a proposed constitutional amendment that would enshrine the Freedom of Information Act (FOIA) into the Arkansas Constitution.

Appearing on this week’s edition of Capitol View, attorney David Couch – who has successfully led ballot initiative campaigns in recent years – said the group he is working with to place an amendment to protect Arkansas’ Freedom of Information Act into the state constitution should have a draft to share publicly.

“There has been a group of us that have been working diligently for the last few weeks on a draft of the amendment. I think that we’re probably going to release it early next week because since this is openness and transparency, we’re going to be open and transparent,” he said.

Freedom of Information Act advocates ready to unveil constitutional amendment proposal

Legislature Passes New Version Of 'Gun Sovereignty' Bill In Final Day Of Session

In the last moments of the 2021 Arkansas General Legislative Session, which ended early Tuesday after 1 a.m., the legislature managed to pass a bill that bans police from enforcing some federal gun laws, but addresses problems previously brought up on a similar bill that was vetoed by the governor. 

House Bill 1957, filed late Monday night, made its way through the legislature in fewer than 28 hours through a series of committee meetings, recesses and votes.

The legislation would ban all state and local law enforcement officers from enforcing any federal gun laws that conflict with the right to bear arms as outlined in both the U.S. and Arkansas Constitution. Those include any laws requiring registration, tracking or banning possession of firearms. The bill is nearly identical to Senate Bill 298, which Gov. Asa Hutchinson vetoed on Friday.

https://www.ualrpublicradio.org/post/legislature-passes-new-version-gun-sovereignty-bill-final-day-session

Rep. Jeff Wardlaw, R-Hermitage, presents House Bill 1957 to the House floor.CREDIT ARKANSAS HOUSE

Rep. Jeff Wardlaw, R-Hermitage, presents House Bill 1957 to the House floor.

CREDIT ARKANSAS HOUSE

Arkansas Senate Overrides Governor Hutchinson Veto of Gun Bill

by Roby Brock (roby@talkbusiness.net)

The Arkansas State Senate voted 21-12 Monday (April 26) to override Gov. Asa Hutchinson’s veto of SB 298, a bill that would give state and local law enforcement the ability to not cooperate with federal law enforcement officials.

It restricts local or state law enforcement or public officials from enforcing or assisting federal agencies or officers “in the enforcement of any federal statute, executive order, or federal agency directive that conflicts with the Arkansas Constitution.” The measure specifically addresses federal requirements to register or track firearms, any prohibition against possession or ownership of a firearm or accessory, or the confiscation of firearms or ammunition.

https://talkbusiness.net/2021/04/senate-overrides-gov-hutchinson-veto-of-gun-bill/

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House Advances Amendment Making Constitution Changes Harder

by Steve Brawner (BRAWNERSTEVE@MAC.COM)

A constitutional amendment that would make it harder to amend the Arkansas Constitution or pass an initiated act passed the House of Representatives. Members voted 74-18-1 on Thursday (April 15) to advance House Joint Resolution 1005.

The Constitutional Amendment and Ballot Initiative Reform Amendment by Rep. David Ray, R-Maumelle, would raise the bar for amending the Constitution or passing a voter-led initiated act from the 50% to 60%. Referenda, where voters review a legislative act, would continue to require only a 50% threshold. The measure would apply to ballot measures whether they are referred by the Legislature or the voters, Ray said. He said referenda would have a lower threshold because they are a defensive measure.

https://talkbusiness.net/2021/04/house-advances-amendment-making-constitution-changes-harder/

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