Judges: STEVE CLARK, Attorney General
Filed Date: 2/21/1989
Status: Precedential
Modified Date: 7/5/2016
The Honorable John W. "Bill" Ramsey State Representative P.O. Box 6 Prairie Grove, AR 72753
Dear Representative Ramsey:
This is response to your request for an opinion regarding a proposed amendment to the Arkansas school funding statutes. (A.C.A.
It is my opinion that the proposed legislation attached to your request (sponsored by Senator Bell) contains no constitutional informities. The following language of the Arkansas Supreme Court in the case of Special School District No. 60 v. Special School District No. 2,
Our Constitution makes it the duty of the Legislature to provide by general laws for the support of the common schools by taxes. Article 14, 3, of the Constitution. this court has always recognized that the Legislature has full and complete power in the matter except as restricted by the Constitution. . . Our Legislature acts for itself, having in view the changing standards of education and the means of providing for the comfort and health of the pupils.
We find no constitutional restriction applicable in this instance; and when viewed, additionally, in the context of the general presumption entered in favor of the constitutionality of legislative enactments (Stone v. State,
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elisabeth A. Walker.