Arkansas Constitution Article 4 - Departments
Arkansas Constitution – Article 4: Departments
Overview:
Article 4 of the Arkansas Constitution establishes the separation of powers among the three branches of government: the Legislative, Executive, and Judicial departments. This article is fundamental to the state’s constitutional framework, ensuring that no single branch exercises the powers of another.
🔹 Section-by-Section Summary:
Section 1 – Division of Powers
“The powers of the government of the State of Arkansas shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy – to wit: those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.”
✅ Meaning:
This section formally separates the powers of government into three distinct branches:
Legislative (makes laws),
Executive (enforces laws),
Judicial (interprets laws).
Section 2 – Separation of Powers
“No person or collection of persons, being of one of these departments, shall exercise any power belonging to either of the others, except in the instances hereinafter expressly directed or permitted.”
✅ Meaning:
This section prohibits any branch from exercising powers that belong to another branch — a strict separation unless specifically allowed by the Constitution. This reinforces checks and balances and helps prevent abuse of power.
📘 Purpose of Article 4:
Protects against tyranny by dividing power.
Ensures independence of each governmental branch.
Creates a system of checks and balances.
Aligns with the structure of the U.S. Constitution, emphasizing limited government.
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