Page:Board of Trustees of University of Arkansas v. Andrews.pdf/14

 of the word "make." Merriam-Webster's Collegiate Dictionary (9th ed.) (1991). Webster's lists twenty-five definitions for the word "make." One of these definitions is to "to cause to be or cause to become." Another definition is "to cause to act in a certain way: compel." I submit that the drafters of the constitution intended for "made" to mean the latter, to "compel." Any other interpretation of "made" would render any waiver of sovereign immunity – by the executive, legislative or judicial branch – impossible. Thus, we could not hold that the State waives sovereign immunity: by the executive branch, through the attorney general seeking relief or by bringing suit; by a legislative act; or by the judicial branch through postconviction rules. However, if the word "made" means to compel, then the State can allow itself to be sued in those situations. Further, the majority's attempt to limit its holding to money judgments is disingenuous to the literal text of article 5, section 20. If the majority is holding that "made" means to "cause to become," then the text of article 5, section 20 should be read to mean that the State cannot be caused to be a defendant in any of her courts. Absent from our constitution is any language limiting sovereign immunity to money judgments. The majority's holding that the legislature may no longer waive sovereign immunity, necessarily means that the executive and judicial branches likewise may not waive sovereign immunity because any other interpretation would result in treating the legislature differently from the executive and judicial branches. For each branch to operate as envisioned by the constitution, one branch must not be subordinated to either or both of the other branches, and one branch must not take control of one or both of the other branches. City of Lowell v. M & N Mobile Home Park, Inc., 323 Ark. 332, 916 S.W.2d 95 (1996).