Arkansas Constitution and State Services

POL/215

January 16, 2013
Ms. Virginia Hillman

Arkansas Constitution and State Services

Between the years of 1833 and 1874, Arkansas introduced a total of five constitutions in attempt to keep current with changing times. The fifth Arkansas state constitution created in 1874 is still in use today as the official state constitution. Several major attempts to create a new, revised constitution have failed. Since the adoption of the current constitution some 139 years ago, more than 80 amendments have been adopted that cover a wide variety of issues. Article Four of the Arkansas Constitution defines the departments of the state government and clarifies the separation of powers within these departments. Section One of Article Four divides the government into three distinctive braches: legislative, executive, and judicial. The legislative branch is composed of the Senate and House of Representatives. The Arkansas Senate has 35 senators and the House has 100 representatives. Their primary role in the government is to make the laws. The executive branch is led by the Governor and also includes the Lieutenant Governor, Attorney General, Secretary of State, State Treasurer, State Auditor, and State Land Commissioner. The judicial branch is composed of five court systems: the state Supreme Court, state Court of Appeals, Circuit Courts, District Courts, and City Courts. The Arkansas Supreme Court is the highest court of the state led by the Chief Justice, who is assisted by six associate justices ("Arkansas.gov: Official Website Of The State Of Arkansas", 2011). Section Two of Article Four states that no one person or group of persons belonging to one of the government departments shall exercise the powers of a different department, except when allowed. The 55th Amendment to the Arkansas constitution, passed by voters in November 1974, establishes Arkansas’ quorum courts to manage finances and services at the local level of government. Each individual quorum court rules over one individual Arkansas county and is headed by the county judge. Quorum courts are responsible for caring for public buildings, such as the county courthouse, jail, hospital, and fire department. County libraries are also overseen by the quorum courts and are free of charge to the public. The court is required to appoint a public buildings commissioner to oversee the construction and maintenance of all public buildings within each county. The quorum court may contract debt and levy taxes to provide these buildings. Quorum courts may also divide counties into service districts to provide services such as water, solid waste, and emergency. These services incur operating and maintenance costs, including the facilities, personnel, and equipment needed to provide these services, therefore residents are charged for the provisions of these services. Quorum courts also oversee the construction, operation, and maintenance of county roads and airports as well as hold the authority to establish public transportation. Playgrounds, recreational facilities, and recreational programs operated in a county are also overseen by the quorum courts (County Authority: A State By State Report, 2010). The Arkansas Drug Court program is offered through judicial branch of the State of Arkansas. The Drug Court program was established in 1988 in Miami, Florida, to combat the massive amounts of court cases due to drug crimes. According to "Arkansas Judiciary: Drug Court Programs" (2012), " Drug court programs are an interdisciplinary, non-adversarial judicial process for diverting an offender (or alleged offender) who has a demonstrated dependence on alcohol or an illicit drug, into a strenuous treatment program that includes frequent drug testing, required employment, treatment and counseling and regular court appearances to monitor program compliance. Most treatment programs last an average of eighteen months” (What is the division of drug courts?). Drug court programs are cost-effective by operate on costs much less than incarceration costs. The constitution of Arkansas requires the state to maintain a suitable and efficient system of public schools and allow residents the opportunity to educate themselves free of charge. The Arkansas General Assembly oversees the appropriation of funding for schools. The Arkansas public school system consists of 310 school districts and the funding comes from personal property taxes collected locally combined with state and federal funds. The local funding consists of 30% of total funding, while the state and federal grants fund the remaining 70%. The Arkansas ARKids First program is a low-income based health insurance program for children, providing coverage for more than 70,000 Arkansas children. The program began in 1997 and has reduced drastically the number of uninsured children in Arkansas. The program began to replace the problematic Arkansas Medicaid program that was in the midst of a crisis regarding costs. This program is noted as one of the most successful and beneficial programs in the history of Arkansas. A major source of funding in Arkansas is provided in the form of federal grants. In 2011, over 36% of the state’s budget came from federal funding (n.d.). Many programs and services in Arkansas are funded by these federal grants. The primary recipient of this federal funding is the Arkansas Department of Human Services (DHS). In 2008, 68% of federal funding was used by DHS (2008). DHS is one of Arkansas’ largest state agencies providing many services to Arkansas residents. Each Arkansas county has a local DHS office. Services such as ARKids First, Medicaid, Supplemental Nutritional Assistance program (food stamp), and the Transitional Employment Assistance Program are all administered through DHS. It is estimated that over 1.2 million Arkansans receive at least one service for DHS. “Together we improve the quality of life of all Arkansans by protecting the vulnerable, fostering independence and promoting better health” is the mission statement of DHS ("Arkansas Department Of Human Services", 2011). Another predominant source of state funding comes from Arkansas income tax collection. This money goes into the Arkansas general revenue fund. In 2008, 31% of the total state budget came from the general revenue fund (2008). The money in this fund is distributed by the state legislature every two years and can be used by any program or agency they see fit. Other contributors to this fund are various taxes that do not have a specified purpose. Public schools generally get the largest portion of this fund; however, the money from this general revenue fund only makes up about 50% of funding for public schools (2008). Public schools also receive funding through federal grants and local taxes. The Arkansas constitution is the foundation of all state laws and regulations. This 139-year-old document details all aspects of how the government is run and the rights of state citizens. It distributes power among the different levels of government and defines how officials are elected to office. It maps out the branches of government, including their roles and responsibilities, and outlines the provisions of the general assembly. The state constitution has had more than 80 amendments ratified since its creation. The purpose of the constitution is to protect citizens from the government as well as promote a higher quality of life. Funding from various sources assist the state government in providing several programs and services for the benefit of Arkansas residents. While the constitution itself may be old and sometimes considered outdated, it still allows equality under the law and provides for a governmental outline that serves its citizens at all levels. The Arkansas constitution is clearly a document used to protect and benefit its residents.

References
Arkansas department of human services. (2011). Retrieved January 16, 2012from http://humanservices.arkansas.gov/Pages/AboutDHS.aspx
Arkansas judiciary: Drug court programs. (2012). Retrieved January 14, 2012 from https://courts.arkansas.gov/courts/circuit-courts/drug-court-programs
Arkansas State Budget Facts. (n.d.) [Fiscal Year 2011 Brochure Budget] Retrieved January 13, 2013 from www.dfa.arkansas.gov/offices/budget/Documents/budget_facts.doc
Arkansas.gov: Official website of the state of Arkansas. (2011). Retrieved January 12, 2013 from http://portal.arkansas.gov/government/Pages/
Bureau of Legislative Research. (2008). Financing state programs in Arkansas [PowerPoint slides]. Retrieved January 12, 20123 from http://www.arkansashouse.org/public/userfiles/files/Financing State Programs in Arkansas.ppt.
County authority: A state by state report. (2010). Retrieved January 13, 2013 from http://www.naco.org/research/pubs/Documents/County%20Management%20and%20Structure/Research%20County%20Management%20and%20Structure/County%20Authority%20A%20State%20by%20State%20Report.pdf