Malcolm Rivera
The Arizona Constitution, penned in 1910 and enacted in 1912, includes a unique Private Affairs Clause, which differs from the Fourth Amendment in the US Constitution. While most state constitutions prohibit unreasonable searches and require warrants, Arizona's constitution, along with Washington's, focuses on matters relating to private records and business affairs, emphasizing private affairs over privacy. This clause provides protections against state-level investigations and regulations, with a focus on lawfulness rather than reasonableness. The Arizona Constitution also outlines the state government's powers, divided into legislative, executive, and judicial branches, with the people reserving the power to propose laws and amendments.
| Characteristics | Values |
|---|---|
| Arizona Constitution | The powers of the government of the state of Arizona are divided into three separate departments: legislative, executive, and judicial. |
| Legislative Authority | The legislative authority of the state is vested in the legislature, consisting of a senate and a house of representatives. |
| Amendment Process | The people reserve the right to propose laws and amendments to the constitution and to enact or reject them independently of the legislature. |
| Term Limits | Proposition 107 created term limits for various elective offices, including the governor, lieutenant governor, and secretary of state. |
| Vote Canvassing | The secretary of state must canvass the votes for and against each proposed constitutional amendment within 30 days after the election, and the governor issues a proclamation declaring the results. |
| Private Affairs Clause | The Arizona Constitution includes a unique "Private Affairs" Clause, focusing on matters relating to private records and business affairs, providing stronger protections against state-level investigations. |
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What You'll Learn
Arizona's 'Private Affairs' Clause
Arizona's "Private Affairs" Clause is a provision in the state's constitution that protects its citizens' privacy. The clause states that "No person shall be disturbed in his private affairs, or his home invaded, without authority of law." This language is unique compared to other state constitutions, which typically echo the Fourth Amendment's prohibition of "unreasonable searches and seizures" and requirement of warrants. Arizona's Private Affairs Clause is nearly identical to the wording in Washington State's constitution, from which it was copied.
The inclusion of this clause in Arizona's constitution was a response to growing concerns about privacy in the late 19th and early 20th centuries. During this time, new technologies such as photography, telephones, and recording devices raised new challenges in protecting personal information from public disclosure. Legal thinkers argued for stronger protections against state-level investigation and regulation, as the Fourth and Fifth Amendment guarantees had not yet been applied to the states.
Despite acknowledging that the Arizona Constitution should protect a broader range of rights than the federal Constitution, Arizona courts have largely failed to give effect to this principle. They have claimed that the Private Affairs Clause is ""generally coextensive" with the Fourth Amendment, except in cases involving officers' warrantless physical entry into a home. However, this interpretation fails to consider the historical and linguistic differences between the two provisions. For example, Arizona courts have relied on federal precedent interpreting the term "reasonable" in the Fourth Amendment, even though this term does not appear in the Private Affairs Clause.
As a result, Arizona's Private Affairs Clause has not been applied as robustly as intended, and Arizonans have not been provided with the strong protections promised by their state Constitution. This anomaly highlights the need for Arizona courts to interpret the state's constitutional privacy right more expansively than the Fourth Amendment and, at a minimum, in line with Washington state law.
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The legislative department
Article IV of the Arizona Constitution is entitled "Legislative Department". It is divided into two large parts and further subdivided into 27 sections. The Arizona Constitution provides for three methods of amending the document: a citizen-initiated process, a legislative process, and a state constitutional convention. Arizona requires a simple majority for voter approval of constitutional amendments, which amounts to a minimum of 31 votes in the Arizona House of Representatives and 16 votes in the Arizona State Senate. Amendments do not require the governor's signature to be referred to the ballot.
The Arizona Constitution is significantly different from the U.S. Constitution. It uses different language, contains more expansive civil liberties, and builds several unique institutions specific to Arizona's political community. It is also much longer than the U.S. Constitution because citizens must restrict what the state government can and cannot do. The Arizona Constitution has been amended frequently, with 151 amendments by 2013 and 10 additional amendments approved by voters since then.
Article IV, Part 1, Section 1, Subsection 6 of the Arizona Constitution was amended on November 3, 1998, via voter approval of Proposition 105. Further amendments were made with the approval of Proposition 129 and Proposition 132 on November 8, 2022. Other amendments include the ratification of Proposition 106 on November 7, 2000, Proposition 107 in November 1992, and Proposition 102 in 1996.
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The executive department
The Arizona Constitution divides the powers of the state government into three separate departments: the legislative, the executive, and the judicial.
The governor of Arizona has several important responsibilities. One notable duty is related to proposed amendments to the constitution. After an election, the secretary of state must canvass the votes for and against each proposed amendment in the presence of the governor and the chief justice of the supreme court. Within 30 days of the election, the governor issues a proclamation declaring the results of the canvass. If a majority of votes were cast in favor of a proposed amendment, the governor proclaims it to be law.
Another key duty of the governor relates to the legislative process. While the legislative authority of Arizona is vested in the legislature, consisting of a senate and a house of representatives, the people of Arizona reserve the power to propose laws and amendments to the constitution independently of the legislature. The governor plays a role in this process by issuing proclamations related to the approval or rejection of proposed laws and constitutional amendments.
It is worth noting that Arizona's Constitution includes a unique "Private Affairs" Clause, which differs from the Fourth Amendment language found in other state constitutions. This clause provides protections for matters relating to private records, business affairs, and traditional legal rights such as property, contract, and religious freedom. The focus of this clause is on lawfulness rather than reasonableness, providing a judicial check on intrusions into private affairs.
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The judicial department
The Arizona Constitution divides the powers of the state government into three separate departments: the legislative, the executive, and the judicial. Each department is intended to be distinct, with no overlap in the exercise of powers.
The Arizona Constitution includes a unique "Private Affairs" Clause, which differs from the Fourth Amendment in other state constitutions. This clause was copied from the Washington Constitution of 1889 and focuses on matters relating to private records and business affairs. It provides stronger protections against state-level investigations, resisting any interpretation of "judicial restraint".
The "Private Affairs" Clause does not use the term "privacy" but instead refers to "private affairs", encompassing rights of personal intimacy, property, contract, and religious freedom. This clause requires "lawful authority" for any intrusion into private affairs, which can be interpreted as a valid warrant or statutory or common law principles authorising an invasion.
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The right to propose laws and amendments
The Arizona Constitution grants its citizens the right to propose laws and amendments. The legislative authority of the state is vested in the legislature, which consists of a senate and a house of representatives. However, the people of Arizona reserve the power to propose laws and amendments to the constitution and to enact or reject them independently of the legislature. This is a unique feature of Arizona's constitution, demonstrating the state's commitment to direct democracy and the involvement of its citizens in the law-making process.
The Arizona Constitution has been amended several times since its original drafting in 1910 and statehood in 1912. The process of amending the constitution involves the people of Arizona proposing and enacting amendments at the polls, independent of the legislature. This direct involvement of citizens in the legislative process is a key feature of Arizona's constitutional framework.
One notable aspect of Arizona's constitution is the inclusion of the "'Private Affairs' Clause", which is unique to Arizona and Washington State. This clause focuses on matters relating to private records and business affairs, providing stronger protections against state-level investigations and regulations. While the Fourth Amendment of the U.S. Constitution prohibits "unreasonable searches and seizures" and requires warrants, the Arizona "Private Affairs" Clause focuses on lawfulness rather than reasonableness, providing an express judicial check on intrusions into private affairs.
The Arizona Constitution also includes provisions for term limits for various elective offices. For example, Proposition 107 established term limits for the executive department, including the governor, lieutenant governor, secretary of state, state treasurer, and superintendent of public instruction. These officials hold office for four years, with the person receiving the highest number of votes being elected.
Overall, the right to propose laws and amendments in Arizona's constitution empowers its citizens to have a direct say in their governance and shape the laws that affect their lives. This feature of Arizona's constitution is a testament to the state's commitment to democratic principles and the involvement of its citizens in the legislative process.
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Frequently asked questions
The Arizona Constitution is the constitution of the state of Arizona, which outlines the powers of the state government. The constitution was written in 1910 and used at statehood in 1912.
The Private Affairs Clause is a part of the Arizona Constitution that protects citizens from unreasonable searches and seizures. It was copied from the Washington Constitution of 1889, which was written in response to concerns about government demands for private records.
While the Fourth Amendment prohibits "unreasonable" searches and requires "warrants," the Private Affairs Clause focuses on lawfulness instead of reasonableness. It provides an express judicial check on intrusions into private affairs.
Yes, in the case of Boyd v. United States, the justices ruled that the compulsory extortion of a person's private papers constituted an "invasion of [a person's] indefeasible right of personal security, personal liberty, and private property." This case helped shape the Private Affairs Clause in the Arizona Constitution.
The Arizona State Constitution is updated periodically to include revised sections from the state legislature. For example, Proposition 107 created term limits for various elective offices, and Proposition 129 and Proposition 132 amended Article IV, which pertains to the Legislative Department.
