State constitution
Constitution of Arkansas
Data from Justia
Full 20-article structure with condensed section text. Article 2 (Declaration of Rights) is listed section-by-section; the long Articles 5 (Legislative), 6 (Executive), and 7 (Judicial), plus Articles 16-19, give their headline/principal sections and abbreviate the remainder. The 100-plus amendments to the 1874 Constitution are not enumerated here. Read the complete, verbatim text at the source link.
Article Pr. Preamble
§ — Preamble
We the people of the State of Arkansas, grateful to Almighty God for the privilege of choosing our own form of government, ordain and establish this Constitution.
Article 1 Boundaries
§ 1 State boundaries
The permanent boundaries of the State of Arkansas are established as described from the Mississippi River around the State's perimeter.
§ 2 Seat of government
The seat of government of the State is the city of Little Rock.
Article 2 Declaration of Rights
§ 1 Political power inherent in the people
All political power is inherent in the people, and government is founded on their authority and instituted for their peace, safety, and happiness.
§ 2 Freedom and independence
All persons have certain inherent and inalienable rights, including enjoying and defending life and liberty, acquiring and protecting property, and pursuing happiness.
§ 3 Equality before the law
The equality of all persons before the law is recognized and shall ever remain inviolate.
§ 4 Right of assembly and petition
The people have the right to peaceably assemble to consult for the common good and to petition for redress of grievances.
§ 5 Right to bear arms
The citizens have the right to keep and bear arms for their common defense.
§ 6 Liberty of the press and speech
Every person may freely write and publish sentiments on all subjects, being responsible for the abuse of that liberty; the liberty of the press remains inviolate.
§ 7 Trial by jury
The right of trial by jury shall remain inviolate; in civil cases a verdict may be rendered by nine or more jurors as provided by law.
§ 8 Criminal charges; self-incrimination; due process
No person shall be held for an infamous crime except on indictment or presentment, be twice put in jeopardy, be compelled to be a witness against themselves, or be deprived of life, liberty, or property without due process.
§ 9 Excessive bail and punishment
Excessive bail and fines and cruel or unusual punishments shall not be imposed, and witnesses shall not be unreasonably detained.
§ 10 Rights of the accused
In criminal prosecutions the accused has the right to a speedy public trial by an impartial jury, to be informed of the charge, to confront witnesses, to compulsory process, and to counsel.
§ 11 Habeas corpus
The privilege of the writ of habeas corpus shall not be suspended except in case of rebellion or invasion when the public safety requires it.
§ 12 Suspension of laws
No power to suspend the laws shall be exercised except by the General Assembly.
§ 13 Remedy for wrongs
Every person is entitled to a remedy in the law for all injuries or wrongs, administered without denial, promptly, and without delay.
§ 14 Treason
Treason against the State consists only in levying war against it or adhering to its enemies, and requires two witnesses to the same overt act or confession in open court.
§ 15 Searches and seizures
The people are secure against unreasonable searches and seizures; warrants issue only on probable cause, supported by oath, describing the place and persons or things.
§ 16 Imprisonment for debt
No person shall be imprisoned for debt except in cases of fraud.
§ 17 Attainder; ex post facto; contracts
No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed.
§ 18 Equal privileges and immunities
The General Assembly shall not grant to any citizen or class privileges or immunities not equally belonging to all.
§ 19 Perpetuities and monopolies
Perpetuities and monopolies are contrary to a free government and shall not be allowed.
§ 20 Property rights of resident aliens
No distinction shall be made between resident aliens and citizens as to the possession, enjoyment, and descent of property.
§ 21 Life, liberty, and residence
No person shall be taken or imprisoned, disseized, outlawed, or in any manner destroyed or deprived of life, liberty, or property but by the judgment of peers or the law of the land, and no exile except by law.
§ 22 Property rights; eminent domain
The right of property is before and higher than any constitutional sanction, and private property shall not be taken or damaged for public use without just compensation.
§ 23 Taxation and eminent domain power
The State retains its power of taxation and of eminent domain over corporations and individuals.
§ 24 Religious liberty
All persons have a natural and indefeasible right to worship God according to the dictates of their own conscience, and none may be compelled to support any place of worship against consent.
§ 25 Religion, morality, and knowledge
Religion, morality, and knowledge being essential to good government, the General Assembly shall enact suitable laws to protect every religious denomination in the peaceable enjoyment of worship.
§ 26 No religious test
No religious test shall ever be required as a qualification to vote or hold office, nor shall any person be denied a benefit on account of religious belief.
§ 27 Slavery; military subordinate to civil power
Neither slavery nor involuntary servitude, except as punishment for crime, shall exist, and the military shall be in strict subordination to the civil power.
§ 28 Tenure of lands
All lands within the State are declared allodial, and feudal tenures are prohibited.
§ 29 Enumeration of rights not exclusive
This enumeration of rights shall not impair or deny others retained by the people, and all powers not delegated remain with the people.
Article 3 Franchise and Elections
§ 1 Free and equal elections
Elections shall be free and equal, and no power, civil or military, shall interfere to prevent the free exercise of the right of suffrage; qualified electors are citizens who meet the residency and registration requirements.
§ 2 Electors privileged from arrest
Electors are privileged from arrest while attending, going to, or returning from an election, except for serious crimes.
§ 3 Method of voting
Elections are conducted by a method that secures the secrecy and integrity of the ballot as provided by law.
§ — Additional election provisions (abbreviated)
The remaining sections govern registration, poll administration, election officers, and related matters, and several were superseded by later amendments. See the source for the full text.
Article 4 Departments
§ 1 Departments of government
The powers of government are divided into three distinct departments: legislative, executive, and judicial.
§ 2 Separation of powers
No person or collection of persons of one department shall exercise any power belonging to another, except as expressly directed or permitted by this Constitution.
Article 5 Legislative Department
§ 1 Legislative power; initiative and referendum
The legislative power is vested in the General Assembly, but the people reserve the power to propose and enact laws by initiative and to approve or reject acts by referendum.
§ 2 Composition of the General Assembly
The General Assembly consists of a Senate and a House of Representatives.
§ 4 Qualifications of members
Members of the General Assembly must be citizens, qualified electors, and residents of their district for the required period.
§ 5 Sessions
The General Assembly meets in regular session as provided, and may be convened in special session by the Governor.
§ 9 Disqualification for felony or fraud
No person convicted of embezzlement of public money, bribery, forgery, or other infamous crime is eligible to the General Assembly or any office.
§ 12 Each house judges its members; rules
Each house chooses its officers, judges the qualifications and elections of its members, determines its rules, and may punish or expel members.
§ 21 Style of laws; one subject
The style of laws is prescribed, and no bill shall embrace more than one subject, expressed in its title.
§ 22 Passage of bills
Every bill is read and considered as required, and passes only on a majority vote of the members elected to each house.
§ 29 Appropriations
No money shall be drawn from the treasury except by appropriation made by law, distinctly stating the purpose.
§ 31 Local and special laws restricted
The General Assembly is restricted from passing local or special laws in enumerated cases where a general law can apply.
§ — Remaining legislative sections (abbreviated)
The other sections of Article 5 govern apportionment, quorum, journals, privileges of members, the enacting of bills, limits on the General Assembly's power, and the initiative and referendum in detail. See the source for the full, verbatim text.
Article 6 Executive Department
§ 1 Executive officers
The executive department consists of the Governor, Lieutenant Governor, Secretary of State, Treasurer, Auditor, Attorney General, and Commissioner of State Lands.
§ 2 Supreme executive power
The supreme executive power is vested in the Governor, who sees that the laws are faithfully executed.
§ 3 Election of executive officers
The executive officers are elected by the qualified electors of the State.
§ 5 Qualifications
The Governor and other executive officers must meet the age, citizenship, and residency requirements fixed by this article.
§ 6 Terms of office
Executive officers hold office for the terms provided by the Constitution.
§ 7 Commander-in-chief
The Governor is commander-in-chief of the State's military and naval forces, except when they are called into federal service.
§ 15 Veto power
Bills are presented to the Governor, who may approve or veto them; the General Assembly may override a veto by a majority of the members elected to each house.
§ 18 Pardoning power
The Governor may grant reprieves, commutations, and pardons after conviction, subject to regulations set by law.
§ — Remaining executive sections (abbreviated)
The other sections of Article 6 govern succession, the Lieutenant Governor, duties of the several state officers, filling of vacancies, and related matters. See the source for the full, verbatim text.
Article 7 Judicial Department
§ 1 Judicial power
The judicial power is vested in the courts established by this Constitution and by law.
§ 2 Supreme Court
The Supreme Court is the State's highest court and exercises appellate and supervisory jurisdiction.
§ 11 Circuit courts
The circuit courts are the general trial courts of the State, with jurisdiction over civil and criminal matters as provided.
§ 28 County and probate courts
County courts have jurisdiction over county affairs, and probate jurisdiction is provided as prescribed.
§ 38 Justices of the peace
Justices of the peace hold courts with limited civil and criminal jurisdiction in their townships.
§ 40 Municipal and police courts
Corporation, municipal, and police courts may be established in cities and towns.
§ — Remaining judicial sections (abbreviated)
The many other sections of Article 7 fix the number, election, terms, qualifications, and jurisdiction of the courts and judges, chancery and probate matters, clerks, and related administration. Much of this article has been modified by later amendments (notably the modern judicial-article Amendment). See the source for the full, verbatim text.
Article 8 Apportionment
§ 1 Senate and House apportionment
The State is apportioned into senatorial and representative districts, originally by a formula in this article now superseded by the Board of Apportionment established by later amendment.
§ — Apportionment procedure (superseded)
The remaining sections set the original apportionment method; apportionment is now performed after each census by the Board of Apportionment. See the source for the current provisions.
Article 9 Exemption
§ 1 Personal property exemption
Specified personal property of a debtor is exempt from seizure for debt, up to the value fixed by this article.
§ 3 Homestead exemption
The homestead of a resident is exempt from sale under legal process for debt, except for specified obligations such as taxes and purchase-money liens.
§ 4 Rural homestead
A rural homestead is limited to a set number of acres, not to exceed a stated value.
§ 5 Urban homestead
An urban homestead is limited to a set area, not to exceed a stated value.
§ 6 Rights of surviving spouse and children
The homestead exemption inures to the surviving spouse and children of the deceased owner.
§ — Remaining exemption sections (abbreviated)
The other sections govern the mode of claiming exemptions and the rights of married women in their separate property. See the source for the full text.
Article 10 Agriculture, Mining and Manufacture
§ 1 Bureau of mines, manufactures and agriculture
The General Assembly may establish a bureau of mines, manufactures, and agriculture to promote those interests.
§ 2 Encouragement of agriculture
The General Assembly may enact laws to encourage agriculture, mining, and manufacturing.
§ 3 Geological survey
Provision may be made for a geological survey of the State.
Article 11 Militia
§ 1 Persons subject to militia duty
All able-bodied male citizens of the State within the ages fixed by law constitute the militia, except those exempted.
§ 2 Organization and discipline
The General Assembly provides for organizing, equipping, and disciplining the militia in conformity with federal law.
§ 3 Officers
Militia officers are appointed or elected as provided by law and commissioned by the Governor.
§ 4 Exemption for conscientious objectors
Persons conscientiously opposed to bearing arms are exempted on the conditions set by law.
Article 12 Municipal and Private Corporations
§ 1 Corporations formed under general laws
Corporations may be formed only under general laws, which the General Assembly may alter or repeal.
§ 2 State not to be a stockholder
The State shall never be a stockholder in, nor lend its credit to, any private corporation.
§ 3 Restriction on municipal aid
No county, city, or town shall obtain or appropriate money for, or loan its credit to, any corporation, except as this Constitution allows.
§ 4 Limit on municipal indebtedness
No municipal corporation shall incur indebtedness exceeding the limits fixed by this article without the assent of the voters.
§ 5 Taxing power of municipalities
The taxing power of municipal corporations is limited to the rates prescribed by this article and by law.
§ — Remaining corporation sections (abbreviated)
The other sections govern the organization, powers, and liabilities of corporations, banking, foreign corporations, and municipal government. See the source for the full text.
Article 13 Counties, County Seats and County Lines
§ 1 Existing counties continued
The counties existing at the adoption of this Constitution are continued.
§ 2 Formation of new counties
New counties may be established subject to the minimum area, population, and boundary limits set by this article.
§ 3 Removal of county seats
A county seat may be removed only with the approval of the qualified electors of the county.
§ 4 County lines
County boundary lines may be changed only as provided in this article.
§ 5 Protection of existing counties
No county shall be reduced below the minimum area or population fixed by this article.
Article 14 Education
§ 1 Free public schools
The State shall maintain a general, suitable, and efficient system of free public schools open to all children between the ages fixed by law.
§ 2 School fund
The public school fund and its income are devoted exclusively to the support and maintenance of the public schools.
§ 3 School tax
The General Assembly provides for the levy of a school tax, and school districts may levy an additional tax voted by the electors.
§ 4 Supervision of schools
The supervision of the public schools is vested in the officers and boards provided by law.
Article 15 Impeachment and Address
§ 1 Power of impeachment
The House of Representatives has the sole power of impeachment of the Governor and other state and judicial officers.
§ 2 Trial by the Senate
Impeachments are tried by the Senate; conviction requires the concurrence of two-thirds of the members present.
§ 3 Removal by address
Certain judicial and other officers may be removed by the Governor on the address of two-thirds of each house of the General Assembly.
Article 16 Finance and Taxation
§ 1 State debt restricted
Neither the State nor any subdivision shall issue interest-bearing evidences of indebtedness except as this Constitution permits.
§ 2 Payment of debts and appropriations
The General Assembly provides for the payment of the State's debts and for appropriations from the treasury.
§ 5 Uniform and equal taxation
All property subject to taxation is taxed according to its value, uniformly and equally throughout the State.
§ 6 Tax exemptions
Public property, and property used exclusively for public charity, religious worship, schools, and cemeteries, may be exempted from taxation.
§ 11 Taxes levied only by law
No tax shall be levied except in pursuance of law, and every law imposing a tax states the object to which it is applied.
§ — Remaining finance sections (abbreviated)
The other sections govern the state debt limit, the assessment and collection of taxes, county and municipal levies, and related fiscal matters (as modified by later amendments). See the source for the full text.
Article 17 Railroads, Canals and Turnpikes
§ 1 Common carriers; public highways
Railroads, canals, and turnpikes are declared public highways, and their operators are common carriers subject to legislative control.
§ 2 Regulation of charges
The General Assembly may regulate the charges of railroads and other common carriers and prevent unjust discrimination.
§ — Remaining transportation sections (abbreviated)
The other sections govern the powers and duties of transportation corporations, consolidation, eminent domain, and liability. See the source for the full text.
Article 18 Judicial Circuits
§ 1 Judicial circuits
The State is divided into the judicial circuits described in this article for the holding of the circuit courts, subject to change by the General Assembly.
Article 19 Miscellaneous Provisions
§ 1 Atheists disqualified as witnesses or officers
A person who denies the being of a God is disqualified from holding office or testifying as a witness (a provision superseded by federal constitutional law but retained in the text).
§ 2 Dueling
A person who fights a duel, or sends or accepts a challenge, is disqualified from holding office.
§ 3 Qualifications of officers
No person is eligible to any office who is not a qualified elector.
§ 4 Residence of officers
All officers must reside within the State and, where applicable, within their district or county.
§ 5 Officers holding over
Officers continue to discharge their duties until their successors are qualified.
§ 6 Dual office holding prohibited
No person shall hold two offices of profit at the same time, except as this Constitution permits.
§ 7 Temporary absence not to forfeit residence
Absence on business of the State or United States does not forfeit residence.
§ 8 Deduction from salaries
Deductions are made from the salaries of officers for neglect of duty as provided by law.
§ 9 Permanent state offices restricted
No permanent state office shall be created without a stated necessity.
§ — Remaining miscellaneous sections (abbreviated)
The other sections govern the seat of government, the oath of office, the state seal, homestead and married-women's property rights, and other general matters. See the source for the full text.
Article 20 Holford Bonds Not to Be Paid
§ 1 Holford bonds not to be paid
The General Assembly shall have no power to levy any tax or make any appropriation to pay the principal or interest of the Reconstruction-era bonds known as the Holford bonds and related issues, unless approved by a vote of the people (added by Amendment 1, 1884).
Article Sch. Schedule
§ — Schedule (transitional; largely spent)
The schedule provided for the transition from the prior constitution — continuing existing laws, offices, courts, and obligations, and fixing the times of the first elections and terms under the 1874 Constitution. These transitional provisions are largely spent. See the source for the full text.
Full, verbatim text at Justia