Omar Bennett
The Arizona Constitution is the governing document of the State of Arizona, outlining the framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Arizona's constitution has been amended far more frequently than the federal Constitution, with 161 amendments as of 2024. This is because the framers of the state Constitution intended to create a document that would be highly responsive to the wishes of the local citizenry. The Arizona Constitution is divided into a preamble and 30 articles, with notable topics including the boundaries of the state, the declaration of rights, the division of the state government into three branches, and the establishment of the legislature. The constitution also covers specific topics such as labor regulations, the right to religious freedom, and the official language of the state. Arizona's constitution provides for three methods of amendment: a citizen-initiated process, a legislative process, and a state constitutional convention.
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What You'll Learn
Arizona's statehood
Arizona's path to statehood was long and complex. In the 1840s and 1850s, the land that would become Arizona came onto the United States' radar, with varying political structures of Indigenous tribes, the Spanish monarchy, Mexican independence, and Anglo-Americans pushing into the Southwest and bringing American democracy all in play at this time. Arizona and New Mexico were once one territory known as the New Mexico Territory, and the population was sparse. During the nineteenth century, a series of gold and silver rushes occurred in the territory, with copper production eclipsing precious metals by the late 1880s. By 1907, the territory was producing more copper than any other state, earning Arizona the nickname "the Copper State".
In 1902, the territories of Arizona, New Mexico, and Oklahoma introduced a bill that would promote them to statehood. However, President Theodore Roosevelt and Senator Albert J. Beveridge were wary of the rugged outposts. Beveridge toured the territories, determined to give them a bad report and stymie the bill. Arizona's sparse population was also a concern, with politicians concluding that Arizona and New Mexico were too sparsely populated to be granted statehood independently. Arizonans themselves also lobbied against statehood, with 3,000 Phoenix residents signing a petition in 1905 against statehood. In 1906, Arizonans officially voted against merging with New Mexico, and President William Howard Taft said he would grant statehood to Arizona as long as its constitution wasn't radical.
In 1910, Taft authorized a constitutional convention, and the resulting constitution was approved by the people in 1911. However, Taft vetoed it due to his objections concerning the recalling of judges. The constitution was amended to remove this provision and was resubmitted, upon which Taft approved Arizona's statehood on February 14, 1912, as the 48th state. Arizona's journey to statehood was one of the longest of all the states in the union.
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The constitution's structure
The Constitution of the State of Arizona is the governing document and framework for the State of Arizona. The current constitution is the first and only one adopted by the state, and it has been amended 161 times. Arizona became the 48th state on February 14, 1912, when its statehood was approved by President Taft. The constitution was drafted in 1910 at a constitutional convention and submitted to Congress.
The Arizona Constitution is divided into a preamble and 30 articles, with articles 23 and 24 having been repealed. Article 1 declares the boundaries of the state in great detail. Article 2, titled the Declaration of Rights, is the state's equivalent of the Bill of Rights. Article 3 establishes that the state government shall be divided into three distinct divisions: the legislative, executive, and judicial. Article 4 establishes the legislature and the people through the initiative as the legislative authority for the state, outlining the qualifications for the state House of Representatives and Senate and the division of districts.
Articles 26, 27, and 29 deal with real estate agents, the regulation of ambulances, and public retirement systems, respectively. Article 28 concerns English as the official language, and Article 30, which is no longer in force, restricted marriage to a man and a woman. The constitution provides for three methods of amending the document: a citizen-initiated process, a legislative process, and a state constitutional convention. A simple majority is required to approve constitutional amendments.
The Arizona Constitution, like those of the other states, reflects the views of its political community and can be more easily modified to institutionalize those values. State constitutions are longer than the U.S. federal constitution because they specify what states can and cannot do to limit state government and protect citizens' rights.
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Citizens' rights
The Arizona Constitution is the governing document and framework for the State of Arizona. It is designed to be more responsive to the wishes of local citizens than the federal Constitution. It contains a Declaration of Rights, which is the state's equivalent of the Bill of Rights.
The Arizona Constitution guarantees that the enumeration of certain rights shall not deny others retained by the people. It also guarantees that the state shall not discriminate against any individual or group on the basis of race, sex, colour, ethnicity, or national origin in public employment, education, or contracting. Bona fide qualifications based on sex are permitted if reasonably necessary.
The Arizona Constitution establishes that all political power is inherent in the people and that governments derive their just powers from the consent of the governed. It also outlines that the militia of the State of Arizona shall consist of all capable citizens between the ages of 18 and 45, with certain exemptions. The organised militia is designated as "The National Guard of Arizona" and is subject to federal regulations.
In terms of elections, the Arizona Constitution stipulates that the person with the highest number of votes for an office shall be elected. However, if two or more people have an equal number of votes, the two houses of the legislature shall elect one of them by joint ballot. Additionally, no person shall be eligible for certain offices unless they are at least 25 years old, a citizen of the United States for 10 years, and a citizen of Arizona for 5 years preceding their election.
The Arizona Constitution also addresses the records and operations of public service corporations, state banks, and other financial institutions, subjecting them to the inquisitorial powers of the state while preserving the rights of persons, inhabitants, and citizens outlined in the Declaration of Rights.
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Amendments
The Arizona Constitution has been amended 161 times. The first and only constitution was adopted in 1912, and the most recent amendment was approved on November 5, 2024.
The Arizona Constitution provides for three methods of amending the document: a citizen-initiated process, a legislative process, and a state constitutional convention. Citizens can initiate constitutional amendments by gathering a number of signatures equal to 15% of the votes cast for governor in the most recent gubernatorial election. Petitions can be circulated for up to 24 months and must be submitted four months before the election. A simple majority is required for voter approval.
In 1910, the Arizona Territory held a constitutional convention that drafted and submitted the original constitution to Congress. This original constitution was approved by Congress but vetoed by President William H. Taft due to his objections concerning the recalling of judges. The constitution was then amended to remove this provision, and Arizona's statehood was approved by President Taft on February 14, 1912.
Some notable amendments to the Arizona Constitution include Proposition 100, which repealed the gubernatorial runoff election provision, and Proposition 107, which created term limits for various elective offices. In 2024, Article 2 was amended to include an explicit right to abortion. Article 26 deals with the right of licensed real estate brokers and salesmen to prepare instruments incident to property transactions, while Article 27 specifies that Arizona citizens cannot be forced to purchase healthcare. Article 28 concerns English as the official language, and Article 29 deals with public retirement systems.
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Healthcare and marriage
Arizona's constitution has specific provisions regarding healthcare and marriage, which are detailed below.
Healthcare
Arizona's constitution does not explicitly mention healthcare. However, it does address the issue of domestic partnerships, which can impact healthcare rights and decision-making. Domestic partnerships in Arizona offer limited benefits, primarily the right to visit one's partner in a healthcare facility or hospital. Unmarried couples in a domestic partnership can apply to have their union officially recognised by the state, which provides some legal protections and rights. However, these rights are not equivalent to those granted to married couples.
Marriage
Arizona's constitution recognises marriage between individuals regardless of their sexual orientation or gender. However, it does not recognise common-law marriages, meaning that simply cohabiting for an extended period does not constitute a legal marriage. To be legally recognised as married in Arizona, couples must go through the formal marriage process. Arizona also prohibits marriages between first cousins, unless one cousin is over 65 or unable to bear children, and the marriage is approved by a judge. Additionally, Arizona allows for annulments of marriages under certain conditions, such as fraudulent inducement or differences in religious beliefs.
In summary, Arizona's constitution provides specific rights and protections for married couples, while also recognising domestic partnerships to a limited extent. The state does not recognise common-law marriages but does respect valid common-law marriages from other states.
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Frequently asked questions
The Arizona Constitution is the state constitution of Arizona. It is the governing document and framework for the State of Arizona. The current constitution was adopted in 1912 and has been amended 161 times.
The Arizona Constitution is much longer than the Federal Constitution as it specifies what the state government can and cannot do. It also provides more clarity on the separation of church and state, and explicitly guarantees the right to bear arms. The Arizona Constitution also allows for more responsive policy changes that reflect the views of its political community.
The Arizona Constitution provides for three methods of amending: a citizen-initiated process, a legislative process, and a state constitutional convention. Citizens can initiate constitutional amendments by gathering signatures equal to 15% of votes cast for governor in the most recent gubernatorial election. A simple majority is required for voter approval.
