1990 Arkansas Amendment 3

Referendum on racial integration November 2022 November 2022 Proposed Constitutional Amendment 3 November 6, 1990 273527 263261 536788 210px County results Yes #7D9CBB 60–70% 1px #AAAAAA solid #B6C8D9 50–60% 1px #AAAAAA solid No #8B8B54 70–80% 1px #AAAAAA solid #BCBC83 60–70% 1px #AAAAAA solid #DEDEBD 50–60% 1px #AAAAAA solid No data #808080 No data 1px #AAAAAA solid Source: Secretary of State of ArkansasArkansas Election Results 1990 https://www.sos.arkansas.gov/uploads/elections/1990_Election_results.pdf Secretary of State of Arkansas November 2, 2022 https://web.archive.org/web/20221018052431/https://www.sos.arkansas.gov/uploads/elections/1990_Election_results.pdf October 18, 2022 1990 Arkansas Amendment 3 was a ballot measure on the November 6, 1990, general election ballot to amend the Constitution of Arkansas to repeal Amendment 44, which was intended to allow the state to nullify federal integration laws. Amendment 44 had previously been overturned in 1989 by a federal court, but was still part of the state constitution. The ballot measure passed with 50.96% of the vote, repealing Amendment 44. Background In 1954, the US Supreme Court ruled in Brown v. Board of Education that state laws preventing racial integration are incompatible with the US Constitution. In response, the US federal government began requiring states to racially integrate their public education systems. In opposition to this ruling, the legislature of Arkansas proposed an amendment, 1956 Arkansas Amendment 47, to the Constitution of Arkansas. The amendment stated that Arkansas can interpose any federally-mandated racial integration, thereby preventing it from occurring in the state. The amendment was legislatively referred to voters, who approved it in 1956 by 56% to 44%. It was therefore incorporated into the Arkansas constitution, as Amendment 44.Arkansas Interposition, Proposed Amendment 47 (1956) https://ballotpedia.org/Arkansas_Interposition,_Proposed_Amendment_47_(1956) Ballotpedia November 2, 2022 Amendment 44 was challenged in the 1989 legal case Dietz v. State of Arkansas, which was heard in the United States District Court for the Eastern District of Arkansas. Judge Henry Woods ruled the amendment unconstitutional, because it violated the Supremacy Clause of the US Constitution.Dietz v. State 709 F.Supp. 902 1989 E.D. Ark. https://www.leagle.com/decision/19891611709fsupp90211446 Following this, the Arkansas General Assembly referred Amendment 3 to the 1990 ballot, to remove the outdated text from the constitution. Lloyd R. George, who sponsored the amendment in the legislature, wrote that "it's terrible that it's on the books and used in a court case as reflecting on the attitude of the people of Arkansas", and strongly urged its repeal.Qualls Bob Bulletin Editorial: For Amendment 3 https://www.newspapers.com/clip/112402031/bulletin-editorial-for-amendment-3/ November 2, 2022 The Baxter Bulletin November 2, 1990 4A The amendment had been ignored by state officials since its passing in 1956. Contents The amendment appeared on the ballot as follows:HJR1003 - PROPOSING AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO REPEAL AMENDMENT 44 Arkansas General Assembly Amendment 44 to the Arkansas Constitution is hereby repealed. Support and opposition There was no significant campaign either for or against the amendment. The Baxter Bulletin endorsed the amendment, writing that it deserves passage "even if some may only see it as a symbolic gesture". The strongest opposition came from John Norman Warnock of Camden, Arkansas. Warnock, who was an active segregationist throughout the 1960s and 1970s, aired ads in the week leading up to the election urging voters to reject Amendment 3, as well as the other statewide ballot measures.Amendment 3 holds narrow lead https://www.newspapers.com/clip/112402443/amendment-3-holds-narrow-leadap-story/ November 2, 2022 The Baxter Bulletin Associated Press November 7, 1990 7A Results and analysis Proposed Constitutional Amendment 3 273527 263261 Amendment 3 passed narrowly with 50.96% of the vote. The amendment's narrow margin was attributed both to white racial resentment and general unfamiliarity with the measure, as it failed in some majority black precincts.Barnes Steve The progressive spirit prevailed https://www.newspapers.com/clip/112402767/the-progressive-spirit-prevailed/ November 2, 2022 The Baxter Bulletin November 10, 1990 4 References External links Category:Arkansas ballot measures Category:1990 Arkansas elections Category:1990 ballot measures in the United States Category:Amendments to the Constitution of Arkansas