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By Marci Pasierb
After a year of revising and rewriting the Arkansas Constitution, the delegates of the 1979-1980 Convention were ready to bring the proposed document before the people for a vote. Delegates hoped to have a new constitution approved so that Arkansas could enter the twenty-first century with a modernized governing document. However, the proposed constitution of 1980 faced similar challenges to previous constitutional conventions such as a lack of funding for convention expenses, last-minute advertising pushes from traditionalists (those advocating for the status-quo), and either an uninformed or an unenthused general voter population.
Convention delegates tried to set the new constitution up for success from the beginning by getting it on the general election ballot. A state Supreme Court decision in 1975 ruled that a call for a convention must be voted on by the general public. As with the other conventions, the question arose as to whether the new constitution could be voted on in a special election or a general election. A compromise was reached when the legislature decided to have the public vote on the issue during the 1978 general election; the constitution would be on the ballot for the 1980 general election.
Since the previous convention occurred only ten years before, avoiding the controversial issues was a top priority of most delegates. However, not knowing if voters simply wanted incremental change or complete reform proved problematic. What seemed to be trivial or insignificant to one group was a major source of tension for another. In addition to not knowing what the people expected from the new constitution, the original planning meeting with former governor David Pryor did not establish appropriations for the convention. The delegates were left to determine the amount needed for the expenses. They requested $800,000; however, in the end, the appropriations still fell short of covering all of the expenses.
After a year of meetings, proposals, revisions, and compromises, the delegates finalized a new document. They changed the legislative, executive, and judicial articles by removing much of the negative, obsolete language and allowing more maneuverability within the branches of government. Like the proposed constitution of 1970, this constitution included revisions for the city and county governments, taxes, and term limits. However, it introduced new changes that had not been previously written in the 1970 constitution such as increasing the usury percentage and real estate property taxes. The delegates approved it on June 30, 1980, with a vote of 98-0. The fate of the new constitution rested with the decision of the people in the upcoming general election.
In October 1980, just one month before the election, opposition began to build against the new constitution. Although it had been endorsed by the Arkansas Bar Association, the Arkansas Municipal League, Governor Bill Clinton, and other prominent organizations, the new constitution was not well-publicized, and many were not aware of what changes were made or even that the convention occurred.
Additionally, it faced resistance from groups pushing traditionalist ideas. Groups such as FIGHT (Fight Interest Gouging and Higher Taxes), Arkansas Education Association, and the labor organization Arkansas AFL-CIO used the interest rate and tax increases to gain support for keeping the 1874 constitution. As most general voters were uninformed about the changes, traditionalist groups easily propagandized controversial issues. Most effectively, the Arkansas Legislative Council reported that taxpayers would have to shoulder the cost of the new constitution, which would be $34.7 to $48.5 million. However, constitutional proponents argued that taxpayers would save $61 million, primarily from a reduction in the real estate tax assessment. On November 4, 1980, the new constitution was defeated 464,310 to 276,257.
Lack of Funds
There was a lack of funds for convention expenses
Uninformed Voters
General voters had a lack of knowledge about the proposed constitution
Advertising
Traditionalist groups heavily advertised the controversial issues in the proposed constitution
Outcome
Voters defeated the proposed constitution 464,310 to 276,257
For More Information:
Carroll, John J., and Arthur English. "Traditions of State Constitution Making." State &Â Local Government Review 23, no. 3 (1991): 103-09.Â
English, Arthur, and John J. Carroll. "Perspectives on Continuing Constitutional Activism: The Case of the 1969-70 Arkansas Convention Delegates." Arkansas Political Science Journal, vol. 1 (Winter 1980): 3-24.
Ledbetter, Calvin R. "The Constitutional Convention of 1917-1918." The Arkansas Historical Quarterly 34, no. 1 (1975): 3-40.
Ledbetter, Calvin R. "The Proposed Arkansas Constitution of 1980." The Arkansas Historical Quarterly 60, no. 1 (2001): 53-74.
Leflar, Robert A. "Constitutional Revision in Arkansas," Arkansas Law Review 24, no. 2Â (Spring 1970): 155-161.
Meriwether, Robert W. "The Proposed Arkansas Constitution of 1970," Nebraska Law Review 50, no. 4 (Summer 1971): 600-621.
About the Author:
Marci Pasierb is an AP History and Social Studies teacher at England High School. Mrs. Pasierb has a BA in History and an MA in Teaching from Harding University, with additional graduate hours in History from the University of Memphis.