McCraw v. Pate

I concur in all respects in the dissenting opinion of the Chief Justice. While I feel that his opinion fully covers the question involved, I am constrained to comment upon the use of Section. 4 of Amendment 29 of the Arkansas Constitution by the majority as a stepping-stone toward its declaration that the act under which the Governor called the election was unconstitutional. I do not find any basis for holding Act 196 of 1971 [Ark. Stat. Ann. § 3-106 (Suppl. 1971)] unconstitutional and certainly none in Section 4, Amendment 29.

In considering the question of constitutionality, it must always…