Amendments 44 and 69 of the Arkansas Constitution
On the sixth of November, 1956, Amendment 44 was proposed by the
initiative petition. Although the amendment was initiated by petition,
it was the brains of State Senators Jim Johnson of Crossett and Jerry Screeton
of Hazen that put this into action in response to the Little Rock Central
High School dilemma. During this crisis in 1957, President Dwight Eisenhower
ordered the National Guard to assist in the integration of the high school
after help had been declined by Governor Faubus. The amendment directly
challenges the principle that the federal judiciary is supreme in the exposition
of the law of the Constitution.
This amendment, as seen in sections below, is considered unconstitutional
under the supremacy clause of the U.S. Constitution.
Section 1: From and after the Adoption of the State of Arkansas
shall take appropriate action and pass laws opposing in every Constitutional
manner the Un-Constituional desegregation decisions of May 17, 1954 and
May 31, 1955 of the United States Supreme Court, including interposing
the sovereignty of the State of Arkansas to the end of nullification of
these and all deliberate, palpable and dangerous invasions of encroachments
upon rights and powers not delegated to the United States nor prohibited
to the States by the Constitution of the United States and Amendments thereto,
and those rights and powers reserved to the States and to the People thereof
by any department, commission, officer, or employee of such department
or commission of the Government of the United States, or of any government
of any Nation or Federation of nations acting upon the apparent authority
granted them by or assumed by them from the Government of the United States.
Said opposition shall continue steadfast until such time as such Un-Constitutional
invasions or encroachments shall have abated or shall have been rectified,
or the same shall be transformed into an Amendment to the constitution
of the United States and adopted by action of three-fourths of the States
as provided therein.
Arkansas Constitution
The next portion of the amendment is an unconstitutional violation of the
equal protection clause of the U.S. Constitution.
Section 2: The General Assembly shall enact laws to insure the administration
and enforcement of the spirit and letter of this Amendment; and shall appropriate
adequate fund to effect the same, including a proportionate share of such
expenses as may be necessary for the maintenance of regional committees
created among the States for the preservation of rights belonging to the
States and the people thereof.
Arkansas Constitution
This section specifically was written to make segregation statues legal,
but it is itself unconstitutional.
Section 3: The General Assembly shall enact such laws under the
Police Powers reserved to the States as may be necessary to regulate health,
morals, education, marriage, good order and to insure the domestic tranquility
of the citizens of the State of Arkansas.
Arkansas Constitution
The final section provides for the full force of these provisions.
Section 4: No public official or employee of the State of Arkansas
or of any political subdivisison thereof shall have immunity from arrest,
prosecution and trial for the violation of such penal laws as the General
Assembly shall provide for the willful failure and refusal to carry out
the clear mandates of this Amendment; and in addition to the penalties
provided for by the General Assembly, shall automatically forfeit his or
her office.
Arkansas Constitution