The Constitution of the State of Arizona is the

governing document A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...

and framework for the State of

Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...

. The current constitution is the first and only adopted by the state of Arizona.

History

The

Arizona Territory The Territory of Arizona (also known as Arizona Territory) was a territory of the United States that existed from February 24, 1863, until February 14, 1912, when the remaining extent of the territory was admitted to the Union as the state of ...

was authorized to hold a constitutional convention in 1910 at which the constitution was drafted and submitted to Congress. The original constitution was approved by Congress, but subsequently vetoed by President

William H. Taft William Howard Taft (September 15, 1857March 8, 1930) was the 27th president of the United States (1909–1913) and the tenth chief justice of the United States (1921–1930), the only person to have held both offices. Taft was elected pr ...

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 State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...

on February 14, 1912.Arizona State Library, Archives, and Public Record – The Road to Statehood
Accessed November 6, 2006 Fairly quickly after Arizona became a state, the

state legislature A state legislature is a legislative branch or body of a political subdivision in a federal system. Two federations literally use the term "state legislature": * The legislative branches of each of the fifty state governments of the United Sta ...

approved a

constitutional amendment A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...

which restored the ability to recall judges, which was approved in the 1912 general election. The following individuals were the delegates to the convention:

Fred Colter Fred Tuttle Colter was an Arizona rancher and farmer, as well as being the state senator for Apache County beginning with Arizona's second state legislature in 1915. Colter spent six terms in the Arizona Senate. He also led the fight on Arizona ...

(D), representing

Apache County Apache County is in the northeast corner of the U.S. state of Arizona. Shaped in a long rectangle running north to south, as of the 2020 census, its population was 66,021. The county seat is St. Johns. Most of the county is occupied by part ...

; E. M. Doe (R) and C. C. Hutchinson (R), representing

Coconino County Coconino County is a county in the north-central part of the U.S. state of Arizona. Its population was 145,101 at the 2020 census. The county seat is Flagstaff. The county takes its name from ''Cohonino'', a name applied to the Havasupai p ...

; E.E. Ellinhwood (D), John Bolan (D), H. B. Sims (D), C. M. Roberts (D), F. R. Bradner (D), Thomas Fenney (D), A. F. Parsons (D), E. A. Tovreau (D), D. L. Cunningham (D), C. F. Connelly (D), representing

Cochise County Cochise County () is a county in the southeastern corner of the U.S. state of Arizona. It is named after the Native American chief Cochise. The population was 125,447 at the 2020 census. The county seat is Bisbee and the most populous city is ...

;

George W. P. Hunt George Wylie Paul Hunt (November 1, 1859 – December 24, 1934) was an American politician and businessman. He was the List of Governors of Arizona, first governor of Arizona, serving a total of seven terms, along with President of the convent ...

(D), J. J. Keegan (D),

Alfred Kinney Alfred Kinney was a politician from Arizona. He was one of the first two state senators from Gila County, serving in the first three state legislatures, and the 6th through 10th legislatures, a total of eight legislatures overall. Life Kinney wa ...

(D), John H. McCormick (D),

Jacob Weinberger Jacob Weinberger (January 4, 1882 – May 20, 1974) was a United States district judge of the United States District Court for the Southern District of California. Education and career Born in Austria-Hungary, to Herman and Nettie Flaster Weinb ...

(D), representing

Gila County Gila County ( ) is in the central part of the U.S. state of Arizona. As of the 2020 census, the population was 53,272. The county seat is Globe. Gila County comprises the Payson, Arizona Micropolitan Statistical Area. Gila County contains p ...

; Lamar Cobb (D), A. R. Lynch (D), Mit Simms (D), A. M. Tuthill (D), William T. Webb (D), representing Graham County; A. C. Baker (D), Lysander Cassidy (D), John Orme (D), Orrin Standage (D), J. E. Crutchfield (D), F. A. Jones (D),

Benjamin Baker Moeur Benjamin Baker Moeur (December 22, 1869 – March 16, 1937) was an American physician who served as the fourth governor of Arizona. Biography Born in Decherd, Tennessee, Moeur attended medical school in Little Rock, Arkansas. After graduating i ...

(D),

Alfred Franklin Alfred Morrison Franklin (September 30, 1871 – after 1948) was an American jurist and politician. He was the first chief justice of the Arizona Supreme Court and served as a member of Arizona's 1910 constitutional convention. Biography F ...

(D), Sidney Osborn (D), representing

Maricopa County Maricopa County is in the south-central part of the U.S. state of Arizona. As of the 2020 census, the population was 4,420,568, making it the state's most populous county, and the fourth-most populous in the United States. It contains about 6 ...

;

Henry Lovin Henry Lovin was a politician from Arizona who served in the 1st and 2nd Arizona State Legislatures. He ran several large mercantile businesses, was heavily into the mining industry, and owned both cattle ranches in Arizona and an alfalfa ranch ...

(D) representing

Mohave County Mohave County is in the northwestern corner of the U.S. state of Arizona. As of the 2020 census, its population was 213,267. The county seat is Kingman, and the largest city is Lake Havasu City. It is the fifth largest county in the United St ...

;

James Scott James Scott may refer to: Entertainment * James Scott (composer) (1885–1938), African-American ragtime composer * James Scott (director) (born 1941), British filmmaker * James Scott (actor) (born 1979), British television actor * James Scott (Sh ...

(R), and William Morgan (D), representing

Navajo County Navajo County is in the northern part of the U.S. state of Arizona. As of the 2020 census, its population was 106,717. The county seat is Holbrook. Navajo County comprises the Show Low, Arizona Micropolitan Statistical Area. Navajo County co ...

;

Thomas N. Wills Thomas Nelson Wills was an American politician from Arizona. He served a single term in the Arizona State Senate during the 8th Arizona State Legislature, holding one of the two seats from Pima County. He served several terms as a member of the ...

(D) and Elmer Coker (D), representing

Pinal County Pinal County is in the central part of the U.S. state of Arizona. According to the 2020 census, the population of the county was 425,264, making it Arizona's third-most populous county. The county seat is Florence. The county was founded in 187 ...

; S. L. Kingman (R), W. F. Cooper (R), George Pusch (R), Carl Jacome (R), and J. C. White (R), representing

Pima County Pima County ( ) is a county in the south central region of the U.S. state of Arizona. As of the 2020 census, the population was 1,043,433, making it Arizona's second-most populous county. The county seat is Tucson, where most of the population ...

; Bracey Curtis (R) representing Santa Cruz;

Mulford Winsor Mulford Winsor (May 31, 1874 – November 5, 1956) was an American newspaperman and politician active in Arizona. Background Winsor was born in Jewell, Kansas on May 31, 1874. His father, editor of the ''Jewell City Republican'', began tea ...

(D), F. L. Ingram (D), and C. E. Short (D), representing Yuma County; and E. M. Wells (R), M. G. Cunniff (D), A. A. Moore (D), Homer R. Wood (D), Morris Goldwater (D), and Albert Jones (D), representing

Yavapai County Yavapai County is near the center of the U.S. state of Arizona. As of the 2020 census, its population was 236,209, making it the fourth-most populous county in Arizona. The county seat is Prescott. Yavapai County comprises the Prescott, AZ M ...

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. Article 30 is no longer in force due to being ruled illegal. * 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 Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...

. At the time the Arizona Constitution was adopted, the

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

had not yet ruled that the

in the

United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...

was applicable to or binding upon the states. * Article 3 declares the state government shall be divided into three distinct divisions, the

legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known as p ...

executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive dire ...

and

judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...

. * Article 4 establishes the legislature and the people through

initiative In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a pu ...

as legislative authority for the state and outlines the qualifications for state

House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...

and

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

and the division of districts (30 districts to elect 1 senator and 2 representatives). * Article 5 outlines the qualifications for

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

and other

Executive branch The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a State (polity), state. In poli ...

officials and to their duties. * Article 6 frames the court system including the

Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

and

superior court In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...

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

impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...

recall Recall may refer to: * Recall (bugle call), a signal to stop * Recall (information retrieval), a statistical measure * ''ReCALL'' (journal), an academic journal about computer-assisted language learning * Recall (memory) * ''Recall'' (Overwatch ...

. * 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 Education A board of education, school committee or school board is the board of directors or board of trustees of a school, local school district or an equivalent institution. The elected council determines the educational policy in a small regional are ...

and

Superintendent of Public Instruction A state education agency or state department of education is the state-level government organization within each U.S. state or territory responsible for education, including providing information, resources, and technical assistance on educationa ...

. * Article 12 deals with the

counties A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...

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

militia A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...

and national guard. * Article 17 declares the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

riparian A riparian zone or riparian area is the interface between land and a river or stream. Riparian is also the proper nomenclature for one of the terrestrial biomes of the Earth. Plant habitats and communities along the river margins and banks ar ...

system of

water rights Water right in water law refers to the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious ...

void and reconfirms preexisting appropriated water rights. * Article 18, as well as Article 25, concerns labor, regulating

child labor Child labour refers to the exploitation of children through any form of work that deprives children of their childhood, interferes with their ability to attend regular school, and is mentally, physically, socially and morally harmful. Such e ...

, defining a work day to be 8 hours, and declaring Arizona a

right to work The right to work is the concept that people have a human right to work, or engage in productive employment, and should not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized i ...

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's

subject jurisdiction Subject ( la, subiectus "lying beneath") may refer to: Philosophy *''Hypokeimenon'', or ''subiectum'', in metaphysics, the "internal", non-objective being of a thing **Subject (philosophy), a being that has subjective experiences, subjective cons ...

, are controlled by Congress. This includes the right to

religious freedom Freedom of religion or religious liberty 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. It also includes the freedom ...

, banning of

polygamy Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married ...

, public and Indian lands, banning importation of intoxicating liquors onto Indian reserves until 1957, and 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 Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

invalidated a similar restriction in ''

Coyle v. Smith ''Coyle v. Smith'', 221 U.S. 559 (1911), 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 the Enabling Act provi ...

'', 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

prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...

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 27 specifies that Arizona citizens may not be forced to purchase healthcare or fined for not purchasing such care. * Article 28 concerns English as the official language. * Article 29 deals with public retirement systems. * Article 30 restricts marriage to a man and a woman.

Oddities

.Two sections in the Constitutions 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. * Article 6, Section 2, provides in part, "The upremecourt shall be open at all times, except on nonjudicial days, for the transaction of business," thus making the profound statement that the court is open except when it is closed. * Article 8, Part I, Section 2, relating to recall petitions, states that "The signatures to such recall petition need not all be on one sheet of paper." It is fortunate the Framers had such great foresight, considering that several hundred thousand signatures are required to recall a statewide officer.

References

External links

Arizona State Legislature – Arizona Constitution

Full Transcript

LAPR – Documents Leading To Statehood
{{Constitutions of the United States 1912 establishments in Arizona 1912 in Arizona 1912 in American law

Arizona law 1912 documents