Arizona Constitution
Encyclopedia
The Constitution of the State of Arizona is the governing document
and framework for the U.S. state
of Arizona
. The current constitution is the first and only adopted by the state of Arizona.
was authorized to hold a constitutional convention
in 1910 to at which the constitution was drafted and submitted to Congress. The original constitution was approved by Congress, however subsequently vetoed by President William H. Taft on his objections concerning the recalling of judges. The constitution was amended by the constitutional convention removing the recalling of judges and resubmitted upon which President Taft approved Arizona's statehood as the 48th state on February 14, 1912.
Fairly quickly after becoming a state, the state legislature
approved a constitutional amendment
which restored the ability to recall judges, which was approved in the 1912 general election.
The Arizona Supreme Court
has ruled Article 28 unconstitutional, however the declaration of its inapplicability does not remove any part of Article 28 from the Constitution.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
and framework for the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
. The current constitution is the first and only adopted by the state of Arizona.
History
The Arizona TerritoryArizona Territory
The Territory of Arizona was an organized incorporated territory of the United States that existed from February 24, 1863 until February 14, 1912, when it was admitted to the Union as the 48th state....
was authorized to hold a constitutional convention
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
in 1910 to at which the constitution was drafted and submitted to Congress. The original constitution was approved by Congress, however subsequently vetoed by President William H. Taft on his objections concerning the recalling of judges. The constitution was amended by the constitutional convention removing the recalling of judges and resubmitted upon which President Taft approved Arizona's statehood as the 48th state on February 14, 1912.
Fairly quickly after becoming a state, the state legislature
Arizona Legislature
The Arizona Legislature is the state legislature of the U.S. state of Arizona. It is a bicameral legislature that consists of a lower house, the House of Representatives, and an upper house, the Senate. There are 60 Representatives and 30 Senators...
approved a constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
which restored the ability to recall judges, which was approved in the 1912 general election.
Preamble
Summary
The Arizona Constitution is divided into a preamble and 30 articles, numbered 1–6, 6.1, 7–22, and 25–30, with articles 23 and 24 having been repealed.- Preamble
- Article 1 declares the boundaries of the state in great detail.
- Article 2 titled the Declaration of Rights and is the state's equivalent of the Bill of RightsBill of rightsA bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
. At the time the Arizona Constitution was adopted, the United States Supreme Court had not yet ruled that the Bill of RightsBill of rightsA bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
in the United States ConstitutionUnited States ConstitutionThe Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
was applicable to or binding upon the states. - Article 3 declares the state government shall be divided into three distinct divisions, the legislativeArizona LegislatureThe Arizona Legislature is the state legislature of the U.S. state of Arizona. It is a bicameral legislature that consists of a lower house, the House of Representatives, and an upper house, the Senate. There are 60 Representatives and 30 Senators...
, executive and judicialArizona Supreme CourtThe Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. It consists of a Chief Justice, a Vice Chief Justice, and three associate justices. Each justice is appointed by the governor of Arizona from a list recommended by a bipartisan commission. Justices stand for...
. - Article 4 establishes the legislature and the people through initiativeInitiativeIn political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
as legislative authority for the state and outlines the qualifications for state House of RepresentativesArizona House of RepresentativesThe Arizona House of Representatives is the lower house of the Arizona Legislature, the state legislature of the U.S. state of Arizona. Its members are elected to two-year terms with a term limit of four consecutive terms...
and SenateArizona SenateThe Arizona Senate is part of the Arizona Legislature, the state legislature of the U.S. state of Arizona. The Senate consists of 30 members representing an equal amount of constituencies across the state, with each district having average populations of 219,859 . Members serve two-year terms with...
and the division of districts (30 districts to elect 1 senator and 2 representatives). - Article 5 outlines the qualifications for GovernorGovernorA governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
and other Executive branch officials and to their duties. - Article 6 frames the court system including the Supreme CourtArizona Supreme CourtThe Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. It consists of a Chief Justice, a Vice Chief Justice, and three associate justices. Each justice is appointed by the governor of Arizona from a list recommended by a bipartisan commission. Justices stand for...
and superior courtSuperior courtIn common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
and qualifications for judges. - Article 6.1 creates a Commission on Judicial Conduct to oversee the judicial system.
- Article 7 deals with suffrage and elections.
- Article 8 provides the method of removal from office for all elected officials including judges, legislators and executive officials either through impeachmentImpeachmentImpeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
or recallRecall electionA recall election is a procedure by which voters can remove an elected official from office through a direct vote before his or her term has ended...
. - Article 9 provides taxation powers to the legislature and limits the amount of debt for the state's political divisions.
- Article 10 concerns the usage of state and school lands.
- Article 11 concerns education in the state and that all public schools be free. Establishes Board of EducationBoard of educationA board of education or a school board or school committee is the title of the board of directors or board of trustees of a school, local school district or higher administrative level....
and Superintendent of Public Instruction. - Article 12 deals with the counties of the state.
- Article 13 deals with cities, towns and other municipal corporations.
- Article 14 deals with general corporations.
- Article 15 establishes the Corporation Commission to regulate corporations as well as the rates of public utilities.
- Article 16 concerns the militiaMilitiaThe term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...
and national guard. - Article 17 declares the common lawCommon lawCommon law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
riparianRiparian water rightsRiparian water rights are system for allocating water among those who possess land about its source. It has its origins in English common law...
system of water rights void and reconfirms preexisting appropriated water rightsPrior appropriation water rightsPrior appropriation water rights, sometimes known as the Colorado Doctrine in reference to the U.S. Supreme Court case Wyoming v. Colorado, is a system of allocating water rights from a water source that is markedly different from riparian water rights...
. - Article 18, as well as Article 25, concerns labor, regulating child laborChild laborChild labour refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many international organizations and is illegal in many countries...
, defining a work day to be 8 hours and declaring Arizona a right to workRight-to-work lawRight-to-work laws are statutes enforced in twenty-two U.S. states, mostly in the southern or western U.S., allowed under provisions of the federal Taft–Hartley Act, which prohibit agreements between labor unions and employers that make membership, payment of union dues, or fees a condition of...
state. - Article 19 creates the office of State Mine inspector and the inspection of mines operating in the state.
- Article 20 concern specific topics that while normally outside of Congress' subject jurisdiction, are controlled by Congress. This includes the right to religious freedomFreedom of religionFreedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
, banning of polygamyPolygamyPolygamy is a marriage which includes more than two partners...
, public and Indian lands, banning importation of intoxicating liquors onto Indian reserves until 1957, state officials required to speak, read and write English, among other things. These sections can only be repealed with the approval of Congress; however, since the U.S. Supreme CourtSupreme Court of the United StatesThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
invalidated a similar restriction in Coyle v. SmithCoyle v. SmithCoyle v. Smith, , was a Supreme Court of the United States case that held that the newly created state of Oklahoma was permitted to move its capital city from Guthrie to Oklahoma City, notwithstanding a state constitutional provision that prohibited it from being moved out of Guthrie.-Background:In...
, the validity of that rule is unclear. - Article 21 outlines the mode of amending the Constitution.
- Article 22 deals with scheduling and miscellaneous topics.
- Articles 23 and 24 both concerned prohibitionProhibitionProhibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
and were repealed in 1932. - Articles 26, 27, and 29 are short articles dealing with real estate agents, the regulation of ambulances, and public retirement systems.
- Article 28 concerns English as the official language.
- Article 29 deals with public retirement systems.
- Article 30Arizona Proposition 102 (2008)Arizona Proposition 102 was an amendment to the constitution of the state of Arizona adopted by a referendum held in 2008. It added Article 30 of the Arizona Constitution, which says:"Only a union of one man and one woman shall be valid or recognized as a marriage in this state."- Overview :On...
restricts marriage to a man and a woman.
Oddities
Two sections in the Constitution are duplicated, having resulted from three constitutional amendments being approved in 1992 (Propositions 100, 101 and 107 all amending term limits with Proposition 107 creating a second version in both sections).- Article 5, Section 1.
- Article 19, Section 1.
The Arizona Supreme Court
Arizona Supreme Court
The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. It consists of a Chief Justice, a Vice Chief Justice, and three associate justices. Each justice is appointed by the governor of Arizona from a list recommended by a bipartisan commission. Justices stand for...
has ruled Article 28 unconstitutional, however the declaration of its inapplicability does not remove any part of Article 28 from the Constitution.