Concurrent Powers in Arkansas: How State and Federal Authority Overlap
Explore how Arkansas navigates shared state and federal responsibilities through practical governance and legal frameworks.
Arkansas operates within a system where state and federal governments share authority over certain aspects of public life. These shared responsibilities, known as concurrent powers, influence areas from law enforcement to school funding, shaping the balance between local control and national oversight. How Arkansas manages this dynamic affects residents through policies on taxation, education, commerce, and more.
Constitutional Provisions
The framework for shared governmental authority originates in the United States Constitution, which establishes federalism—a division of power between national and state governments. Article I, Section 8 enumerates specific powers granted to the federal government, such as regulating interstate commerce and coining money.
The Tenth Amendment clarifies this structure: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”1Congress.gov | Library of Congress. U.S. Constitution – Tenth Amendment This reserves broad authority over internal affairs to states like Arkansas.
While some powers are exclusive to the federal government and others reserved to states, certain functions can be exercised by both. These concurrent powers allow both levels of government to act simultaneously in specific domains, provided the power isn’t exclusively federal and state action doesn’t conflict with legitimate national authority.
Potential conflicts are addressed by the Supremacy Clause (Article VI, Clause 2), which establishes the U.S. Constitution, federal laws, and treaties as the “supreme Law of the Land.”2Congress.gov | Library of Congress. Overview of Supremacy Clause Arkansas judges are bound by this hierarchy; valid federal laws override conflicting state laws or the state constitution. Landmark U.S. Supreme Court cases, including McCulloch v. Maryland (1819) and Cooper v. Aaron (1958) involving Little Rock school desegregation, have consistently affirmed federal supremacy. The Arkansas Constitution operates within this federal structure.
Taxation
Taxation is a primary area of concurrent power. Both the U.S. federal government and the State of Arkansas independently levy taxes on individuals and businesses within the state, requiring compliance with separate systems administered by distinct agencies. Article I, Section 8 of the U.S. Constitution grants Congress the power to tax.
The federal government imposes taxes including individual income tax (administered by the IRS with progressive rates), corporate income tax (currently a flat 21%), payroll taxes for Social Security and Medicare, excise taxes on goods like fuel, and estate taxes.
Arkansas levies its own taxes under Article 16 of the state constitution, administered by the Department of Finance and Administration (DFA). These include a state individual income tax (with rates up to 3.9% as of 2024) and a corporate income tax (with rates up to 4.8% as of 2024).
Arkansas also relies significantly on a state sales tax (currently 6.5%), which can be supplemented by local sales taxes imposed by counties and cities, leading to combined rates varying across the state.3Tax Foundation. Arkansas Tax Rates & Rankings Property taxes are primarily levied by local governments (counties, municipalities, school districts) under state guidelines for assessment and exemptions, funding local services. The state also imposes excise taxes on items like gasoline and tobacco. This dual system requires Arkansas residents and businesses to navigate and pay taxes at both federal and state levels.
Law Enforcement
Law enforcement in Arkansas involves federal, state, and local authorities operating concurrently. Different agencies may investigate similar crimes or cooperate on cases within the state.
Federal agencies like the FBI, DEA, ATF, and U.S. Marshals Service focus on violations of federal law, such as crimes crossing state lines, terrorism, complex drug trafficking, certain firearms offenses, and financial crimes. These agencies often collaborate with state and local police, sometimes through joint task forces targeting specific issues.
The Arkansas State Police (ASP) is the primary state-level agency with statewide jurisdiction. Governed by Title 12, Chapter 8 of the Arkansas Code Annotated, the ASP patrols highways, investigates criminal activity, and supports local agencies.4Justia Law. Arkansas Code § 12-8-106 (2024) – Division of Arkansas State Police – Duties and Powers ASP officers possess general police powers throughout Arkansas.
Local law enforcement is handled by county sheriff’s offices (established by the state constitution) and municipal police departments (governed by state statute). Sheriffs are the chief law enforcement officers in their counties, enforcing state laws and operating jails. Municipal police enforce state laws and city ordinances within city limits.
This overlap necessitates cooperation. Joint task forces, combining resources and personnel from different levels (e.g., U.S. Marshals fugitive task forces, regional drug task forces), are common. Memoranda of Understanding and mutual aid agreements formalize collaboration, though jurisdictional conflicts can arise, typically resolved through established protocols.
Education
Education in Arkansas is influenced by both state and federal governments. While the U.S. Constitution doesn’t explicitly mention education, the federal government impacts policy through funding and laws aimed at equity and standards, administered by the U.S. Department of Education.
Key federal legislation like the Elementary and Secondary Education Act (ESEA), currently known as the Every Student Succeeds Act (ESSA), requires states to implement accountability systems involving standardized testing and reporting in exchange for federal funds, particularly Title I funding for schools with many low-income students.
Primary responsibility for public schools rests with the state. Article 14, Section 1 of the Arkansas Constitution mandates a “general, suitable and efficient system of free public schools.”5Justia Law. Arkansas Constitution Article 14 § 1 – Free School System The Lake View School District No. 25 v. Huckabee litigation led the Arkansas Supreme Court to declare the state’s funding system unconstitutional, prompting reforms like the Public School Funding Act of 2003 (Arkansas Code Title 6, Chapter 20, Subchapter 3), which established a foundation funding model to improve equity.6Arkansas General Assembly. Proposed Funding: Public School Funding Act of 2003
The Arkansas Department of Education’s Division of Elementary and Secondary Education (DESE) implements state and federal policies, overseeing curriculum, school accreditation, educator licensing, and funding distribution. Federal laws like the Individuals with Disabilities Education Act (IDEA), which guarantees education for eligible children with disabilities, illustrate concurrent power: IDEA is a federal mandate, but DESE ensures local districts implement it, using federal funds alongside state resources and methods. This requires coordination between federal requirements and state administration.
Commerce Regulation
Commerce regulation in Arkansas involves both federal and state authority. The U.S. Constitution’s Commerce Clause (Article I, Section 8) grants Congress power over interstate and foreign commerce.7Congress.gov | Library of Congress. Overview of Commerce Clause This allows federal regulation of activities crossing state lines or affecting the national economy through laws like the Sherman Antitrust Act and consumer protection statutes enforced by the Federal Trade Commission (FTC).
Arkansas retains authority under the Tenth Amendment to regulate intrastate commerce—business activity occurring entirely within its borders. State agencies like the Arkansas Economic Development Commission (AEDC) promote business, while state laws govern business formation, licensing, and intrastate transportation. The Arkansas Attorney General’s Consumer Protection Division enforces state laws against deceptive trade practices.
State regulations cannot discriminate against or unduly burden interstate commerce, a principle known as the “dormant” Commerce Clause. When valid federal and state laws conflict, federal law generally prevails under the Supremacy Clause. Many areas see overlapping regulation. For example, environmental standards are set by both the federal EPA and the Arkansas Division of Environmental Quality (DEQ). Labor practices are governed by the federal Fair Labor Standards Act (FLSA) and state laws, which may set different standards (like Arkansas’s higher minimum wage).8Arkansas Department of Labor and Licensing. Minimum Wage and Overtime Businesses must comply with both federal and state mandates.
Intergovernmental Agreements
The shared powers in the U.S. system often require formal cooperation between governments. In Arkansas, intergovernmental agreements provide a legal framework for joint action.
The Interlocal Cooperation Act (Arkansas Code Annotated Title 25, Chapter 20) broadly permits Arkansas public agencies to exercise powers jointly with other public agencies—within Arkansas, in other states, or federal agencies—if legally permissible.9Justia Law. Arkansas Code § 25-20-104 (2024) – Agreements for Joint or Cooperative Action – Authority to Make These agreements require formal approval by governing bodies and must specify details like duration, purpose, financing, and administration. They generally require review by the Arkansas Attorney General for legal compatibility.
Other state laws facilitate specific cooperation. Cooperative purchasing agreements (under Arkansas Code Title 19, Chapter 11) allow state and local entities to pool purchasing power or use contracts established by others, including federal agencies, for cost savings. State agencies are also authorized to work directly with the federal government in specific areas, such as the Arkansas Department of Emergency Management distributing federal surplus property or the Department of Agriculture collaborating on agricultural regulations. The Office of Intergovernmental Services within the Department of Finance and Administration helps manage federal grant programs. These mechanisms enable Arkansas to manage concurrent powers practically through collaboration across governmental lines.
