Page:Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002).pdf/35

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Ark.]
Lake View Sch. Dist. No. 25 v. Huckabee
Cite as 351 Ark. 31 (2002)
65


and natural history, and countenance and encourage the principles of humanity, industry and morality.

Ark. Const. of 1836, art. VII., reprinted in Ark. Code Ann. Constitutions 497 (1987). The 1836 Education Article embodied two fundamental ideas: the inherent value of education in creating a virtuous citizen and the crucial role of an educated citizenry in a functioning democracy.

The Secessionist Constitution of 1861 contained a truncated Education Article:

The General Assembly shall apply any and all funds which may be raised for the purpose of education, to the accomplishment of the object for which they may be raised; and from time to time, pass such laws as shall be calculated to encourage intellectual, scientific and agricultural improvement, by allowing rewards and immunities for the promotion and improvement of art, science, commerce, manufactures, and natural history; and countenance and encourage the principles of humanity, industry and morality.

Ark. Const. of 1861, art. VII, § 1, reprinted in Ark. Code Ann. Constitutions 520 (1987).

The 1864 Constitution reverted to the language used in the 1836 Constitution. See Ark. Const. of 1864, art. VIII, § 1, reprinted in Ark. Code Ann. Constitutions, at 543. The Reconstruction Constitution in 1868 contained an Education Article that mandated a common school system, provided for the distribution of school funds, created a public officer responsible for the school system, and detailed how a common fund for the school system should be created and financed. The relevant language read:

A general diffusion of knowledge and intelligence among all classes being essential to the preservation of the rights and liberties of the people, the General Assembly shall establish and maintain a system of free schools, for the gratuitous instruction of all persons in this State between the ages of five and twenty-one years, and the funds appropriated for the support of common schools shall be distributed to the several counties in proportion to the number of children and youths therein . . . .