Dreaming of university independence on guns | Arkansas Blog

Wednesday, June 7, 2017

Dreaming of university independence on guns

Posted By on Wed, Jun 7, 2017 at 12:42 PM

click to enlarge A LEG TO STAND ON? Michigan case raises an argument for Arkansans who oppose guns on campus.
  • A LEG TO STAND ON? Michigan case raises an argument for Arkansans who oppose guns on campus.
The Associated Press reports that a Michigan state appeals court has ruled that the University of Michigan can ban guns on campus despite a state law that prevents local governments from putting limits on guns.

As you know, the Arkansas legislature just opened up most of the state, including state universities, to concealed pistol packers, once they get a new special guns-anywhere concealed carry permit to be issued in a few months. There also remain gun nuts in Arkansas who think open carry just about anywhere is already the law.

What if the University of Arkansas Board of Trustees said Amendment 33 to the Arkansas Constitution is imbued with the power of university independence intended on its adoption in 1942. What if powers invested in the university board could not be "transferred" to the legislature unless an institution is abolished?

Great deference, or effective transfer of power, has been given to the legislature in university matters, mainly appropriations. But what if the university board demanded sovereignty over campus public safety, including on gun toting?

It's a pipe dream to think the UA board (or any lesser state university board) would risk defiance of the legislature on something like guns, I grant you. (Playing Arkansas State is another matter.) But why not assert an argument similar to that upheld in  Michigan? There, the court held:
The university is a “state-level, not a lower level or inferior level, governmental entity. More specifically, it is a constitutional corporation of independent authority,” judges Mark Cavanagh and Deborah Servitto said.
If the University of Arkansas Board DID assert such an argument, would the Arkansas Supreme Court, increasingly deferential to the legislature, dare back the university?

Slow news day. Just day dreaming.

Tags: , , , , ,


Favorite

Comments (4)

Showing 1-4 of 4

Add a comment

 
Subscribe to this thread:
Showing 1-4 of 4

Add a comment

More by Max Brantley

Readers also liked…

  • Your daily dose of Jason Rapert

    Sen. Jason Rapert really, really didn't like it when a KATV reporter asked him about the hypocrisy of his political arguments.
    • Feb 4, 2017
  • ADEQ denies C&H Hog Farm permit

    The Arkansas Department of Environmental Quality has denied a new permit for the C&H Hog Farms' concentrated animal feeding operation near Mount Judea (Newton County). This is a big and somewhat surprising victory for critics who have viewed C&H's large-scale pig farm and the pig waste it generates as an existential threat to the Buffalo National River.
    • Jan 10, 2018
  • Campus gun bill clears committee

    The so-called compromise amendment that will allow anyone 25 or older with a training certificate carry a concealed weapon on public college campuses was approved in a Senate committee this afternoon.
    • Feb 21, 2017

Most Viewed

Most Recent Comments

Slideshows

 

© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation