Eleanor Finch
The Arizona Constitution is the state constitution of Arizona, outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The current constitution, which was adopted in 1912, is divided into a preamble and 30 articles, with approximately 49,000 words. It has been amended 161 times, with the most recent amendment being approved by voters on November 5, 2024. The Arizona Constitution covers a range of topics, including the boundaries of the state, the right to abortion, the division of government powers, labor regulations, and the official language.
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What You'll Learn
The Arizona Constitution's length
The Arizona Constitution is divided into a preamble and 30 articles, with articles 23 and 24 repealed and article 30 no longer in force. The full length of the constitution is approximately 49,000 words, which is shorter than many other constitutions but still a substantial length.
The length of the Arizona Constitution is due in part to the fact that it is a state constitution, and state constitutions tend to be longer than federal constitutions. This is because state constitutions must restrict what a state government can and cannot do, and they are often amended to reflect the wishes of local citizens. The Arizona Constitution has been amended 161 times, including four voter-approved changes in the 2022 election and one in 2024.
The Arizona Constitution contains a wide range of provisions, including the boundaries of the state, the declaration of rights, the structure of the state government, and various other matters. For example, Article 18 and Article 25 concern labor, regulating child labor, defining a workday as 8 hours, and declaring Arizona a right-to-work state. Article 19 creates the office of State Mine Inspector, and Article 20 deals with topics outside of Congress's usual jurisdiction, such as religious freedom, the banning of polygamy, and public and Indian lands.
The Arizona Constitution also includes provisions on the right to vote by secret ballot for employee representation and the separation of powers between the legislative, executive, and judicial branches of government. It guarantees certain rights, such as the right to recover damages for causing death or injury, and the right to engage in industrial pursuits. The constitution also specifies that Arizona citizens cannot be forced to purchase healthcare or fined for not doing so, and it establishes English as the official language.
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The right to vote
Arizona has an open primary law, allowing independent voters to cast a ballot for recognised political parties in State Primary Elections. These voters can receive their chosen party ballot by mail or at the polls on Election Day.
Voters in Arizona are required to present identification at the polls, such as a driver's license, tribal enrollment card, or other government-issued ID with their name and address. If a voter does not have a photo ID, they can provide two forms of identification, such as a utility bill or bank statement.
Arizona also offers the option of early voting, where voters can request an early ballot through the Voter Information Portal or by contacting their County Recorder's office. To be added to the Active Early Voter List (AEVL), individuals must complete a voter registration form.
It is important to note that in Arizona, individuals convicted of one or more felonies lose their right to vote. However, this right can be restored upon fulfilling certain requirements, such as completing probation or imprisonment, paying fines, and applying for restoration after a specified period.
Voters in Arizona have the right to vote free from coercion, pressure, or intimidation by any person. They also have the right to privacy during the voting process and can request assistance if needed. Additionally, voters can utilise the Election Protection Hotline to address any questions or issues that may arise on Election Day.
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State boundaries
Article I of the Arizona Constitution is entitled "State Boundaries". It has only two sections: the first lays out the boundaries, and the second prescribes the method for revising them.
The boundaries of the State of Arizona are as follows: Beginning at a point on the Colorado River 20 English miles below the junction of the Gila and Colorado Rivers, as fixed by the Gadsden Treaty between the United States and Mexico, being in latitude thirty-two degrees, twenty-nine minutes, forty-four and forty-five one-hundredths seconds north and longitude one hundred fourteen degrees, forty-eight minutes, forty-four and fifty-three one-hundredths seconds west of Greenwich; thence along and with the international boundary line between the United States and Mexico in a southeastern direction to Monument Number 127 on said boundary line in latitude thirty-one degrees, twenty minutes north; thence east along and with said parallel of latitude, continuing on said boundary line to an intersection with the meridian of longitude one hundred nine degrees, two minutes, fifty-nine and twenty-five one-hundredths seconds west, being identical with the south-western corner of New Mexico; thence north along and with the meridian of longitude one hundred nine degrees, twenty minutes west, to the parallel of latitude thirty-seven degrees, which is the boundary line between the States of Arizona and Utah; thence east along and with said parallel of latitude thirty-seven degrees to the boundary line between the States of Arizona and Nevada; thence along and with said boundary line in a north-westerly direction to an intersection with the Colorado River; thence down and following the channel of the Colorado River in a general south-westerly direction to the place of beginning.
The legislature, in cooperation with the properly constituted authority of any adjoining state, is empowered to change, alter, and redefine the state boundaries, with such changes, alterations, and redefinitions taking effect only upon approval of the US Congress. The Arizona Constitution also establishes the powers of the state government, dividing them into three separate departments: the Legislative, the Executive, and the Judicial. These departments are to remain separate and distinct, and none may exercise the powers belonging to the others.
The Arizona Constitution is similar to the US Constitution in some ways, including two legislative chambers, separation of powers, and a Declaration of Rights. However, it also contains more expansive civil liberties and unique institutions specific to Arizona's political community. It is also significantly longer than the US Constitution, running approximately 49,000 words. This is because, while the US Constitution limits the federal government to the powers listed in its text, state constitutions must restrict what a state government can and cannot do. As such, the Arizona Constitution is designed to be responsive to the wishes of local citizens.
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Labor laws
Arizona is one of 28 states with "right-to-work" laws, which means that workers are not required to join a labour union or organisation to get or keep a job. This is reflected in Arizona's constitution, which states:
> “No person shall be denied the opportunity to obtain or retain employment because of non-membership in a labor organization, nor shall the State or any subdivision thereof, or any corporation, individual or association of any kind enter into any agreement, written or oral, which excludes any person from employment or continuation of employment because of non-membership in a labor organization."
Arizona's labour laws are considered business-friendly, but they still maintain essential worker protections. Full-time employment in Arizona is typically defined as between 30-40 hours per week, and overtime pay applies when an employee works more than 40 hours in a week. Non-exempt employees are entitled to 1.5 times their regular pay rate for any overtime hours worked, according to the federal Fair Labor Standards Act (FLSA), which Arizona follows. The minimum wage for private sector employees in Arizona is $14.35 per hour, with periodic increases based on inflation.
Arizona law does not mandate meal or rest breaks for employees. However, the FLSA provides guidelines that employers can follow voluntarily or when the nature of the work requires breaks. The FLSA suggests that a short break of 5 to 20 minutes be considered as compensable work hours.
Arizona employers are required to provide certain types of insurance coverage, such as workers' compensation insurance and unemployment insurance. While not mandated by state law, many employers also voluntarily provide additional benefits like health, dental, and vision insurance, as well as retirement plans.
The state also provides several types of leave for employees, the most notable being its paid sick leave law under the Fair Wages and Healthy Families Act. Eligible employees may take leave for their medical care or the care of their family members, a public health emergency, or an absence due to domestic violence, sexual violence, abuse, or stalking involving the employee or their family members. Other state-mandated leaves include crime victim leave (for employers with 50 or more employees), voting leave, jury duty leave, and military leave.
Arizona's Employment Protection Act (EPA) defines when an employee has a claim against an employer for termination of employment. Before the EPA, courts were inconsistent in their application of claims or remedies for wrongful termination. The EPA expressly limits claims for wrongful termination to:
- Discharge in violation of an employment contract
- Discharge in violation of an Arizona statute
- Discharge in retaliation for an employee's assertion of rights protected by Arizona law
The constitutionality of the EPA was upheld by the Arizona Supreme Court in Cronin v. Sheldon, which established that employees cannot be fired for reporting sexual harassment in the workplace.
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Marriage laws
Arizona marriage laws require a couple to participate in a marriage ceremony and obtain a marriage license. The marriage must then be solemnized by an authorized person, such as a pastor or justice of the peace, before the license expires. While Arizona does not recognize common-law marriages within the state, it does acknowledge valid common-law marriages from other states. Same-sex marriage is legal in Arizona following the U.S. Supreme Court's ruling in Obergefell v. Hodges, and judges are obligated to perform these ceremonies without bias or prejudice under the Arizona Code of Judicial Conduct. The legal age to marry in Arizona is 18, although minors can marry with parental consent or court approval.
In Arizona, a marriage is only legally recognized if the couple participates in a marriage ceremony and obtains a marriage license. This can include a civil wedding ceremony performed by a judge. Each county in Arizona has at least one location where couples can apply for marriage licenses, and both parties must be present to obtain the license. The officiant must be legally authorized to perform marriages in the state, including duly licensed or ordained clergy, judges of certain courts, and justices of the peace.
While Arizona does not recognize common-law marriages formed within the state, it does acknowledge valid common-law marriages from other states. Common-law marriages are legally recognized marriages that do not require a license or formal ceremony. Instead, couples are considered legally married if they have lived together for an extended period, hold themselves out as husband and wife, and intend to marry. Arizona's divorce processes do not apply to unmarried cohabiting couples, and community property laws, which treat assets and debts acquired during the marriage as jointly owned, only apply to legally married couples. However, unmarried couples in Arizona can enter into cohabitation or domestic partnership agreements to outline their expectations and protect their rights.
Same-sex marriage is legal in Arizona following the U.S. Supreme Court's ruling in Obergefell v. Hodges. Judges in Arizona are required to perform civil same-sex marriage ceremonies as part of their routine duties without bias or prejudice under the Arizona Code of Judicial Conduct. However, Arizona does not have an employment non-discrimination law that covers sexual orientation or gender identity, and private employers may legally discriminate against gay, lesbian, or transgender individuals. An executive order bars state agencies in Arizona from discriminating in employment based on sexual orientation.
The legal age to marry in Arizona is 18, as is the case in most U.S. states. However, minors can marry with parental consent or court approval. Arizona law prohibits marriages between close blood relatives, with some exceptions for first cousins, referred to as "kissing cousins." Covenant marriages, which require premarital counseling and have stricter rules for divorce, are also an option for couples in Arizona.
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Frequently asked questions
The Arizona Constitution is approximately 49,000 words long.
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.
The Arizona Constitution outlines the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. It includes details on the boundaries of the state, the right to vote by secret ballot for employee representation, the division of the state government into three branches (legislative, executive, and judicial), and various other topics such as labor regulations, real estate transactions, healthcare, and official language.
The Arizona Constitution has been amended 161 times as of 2024. It is amended more frequently than the federal Constitution due to its responsiveness to the wishes of local citizens.
