ACW, INC. v. Weiss

I must dissent. In my view, the majority decision is disturbing precedent and bodes trouble for Arkansas taxpayers. In short, I submit that Act 1052 of 1991 is unconstitutional because it was enacted contrary to Article 5, Section 38, of the Arkansas Constitution, as amended by Amendment 19.

First, it must be kept in mind that the Arkansas Constitution is a limitation upon and not a grant of power to the legislature. Erxleben v. Horton Printing Co., 283 Ark. 272, 675 S.W.2d 638 (1984). As previously mentioned, this court is called on to interpret Amendment 19, and in relevant simple terms,…