A Constitutional Amendment Permitting The State Of Arkansas To Be Sued As A Defendant In State Court To Enforce Constitutional Rights Or As Otherwise Provided By Law.
Impact
If enacted, this amendment would fundamentally change how legal recourse is available to Arkansas citizens. It would open up state government entities—including departments and institutions—to lawsuits, enabling individuals to take legal action for direct violations of their constitutional rights. This legislation could set a precedent for increased accountability within state government, promoting a more vigilant enforcement of constitutional protections. The proposed amendment is positioned to take effect after a majority approval by voters in the next general election, highlighting its significant impact on state law and citizen rights.
Summary
SJR6 is a proposed constitutional amendment aimed at altering the legal framework within which the State of Arkansas can be sued. Historically, states enjoy sovereign immunity, protecting them from being named as defendants in most lawsuits. This amendment proposes to provide exceptions to that immunity, specifically when claims assert violations of the United States Constitution or the Arkansas Constitution, allowing for actions seeking injunctive, declaratory, or monetary relief against the state. The bill aims to ensure that citizens have a clear pathway to seek justice when they believe their constitutional rights have been infringed upon by the state or its agencies.
Contention
There are potential areas of contention surrounding SJR6. Proponents argue that this amendment is crucial for protecting citizens’ rights and ensuring that state entities are held accountable for their actions. Critics, however, may raise concerns regarding the implications of increased litigation against the state. Questions could arise about the financial burden on the state's resources and the potential chilling effect on state officials' decision-making due to fear of lawsuits. As discussions continue, the balance between accountability and state sovereignty will likely be a central theme in the debate over this amendment.
An Act For The Arkansas Minority Health Initiative Of The Department Of Health - Arkansas Minority Health Commission Appropriation For The 2024-2025 Fiscal Year.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.
Proposes temporary constitutional amendment allowing State constitutional convention convened to reform system of property taxation to propose statutory changes.