The Arizona State Constitution (Oxford Commentaries on the State Constitutions of the United States)

In The Arizona State Constitution , John D. Leshy provides a comprehensive history of Arizona's constitutional development. Adopted at the height of the progressive movement, the Constitution contains many progressive innovations. Leshy describes these along with the dramatic changes the state has undergone in subsequent decades. He also includes a section-by-section commentary which crisply discusses the evolution and interpretation of each section, including significant court decisions. Thoroughly updated to reflect amendments and court cases through the fall of 2012, the second edition of The Arizona State Constitution is an essential reference guide for readers who seek a rich account of Arizona's constitutional evolution. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents. Cover Contents Series Foreword Preface to the Second Edition Foreword PART ONE: The History of the Arizona Constitution Setting the Stage for the 1910 Convention The 1910 Constitutional Convention: The Setting and the Delegates How the Convention Operated An Overview of the Contentious Issues The Dominant Themes of the Arizona Constitution A Slight Detour on the Way to Statehood Amendments to the 1910 Constitution PART TWO: The Arizona Constitution and Commentary Preamble Article I: State Boundaries Section 1. [Designation] Section 2. [Alteration] Article II: Declaration of Rights Section 1. [Fundamental Principles] Section 2. [Political Power Inherent in People] Section 3. [U.S. Constitution as Supreme Law of Land] Section 4. [Due Process of Law] Section 5. [Right of Petition and Assembly] Section 6. [Freedom of Speech and Press] Section 7. [Oaths and Affirmations] Section 8. [Right to Privacy] Section 9. [No Irrevocable Privileges, Franchises, or Immunities] Section 10. [Self-Incrimination; Double Jeopardy] Section 11. [Open and Prompt Administration of Justice] Section 12. [Liberty of Conscience and Religion; No Public Money to Support Religion] Section 13. [Equal Privileges and Immunities] Section 14. [Habeas Corpus] Section 15. [No Excessive Bail or Fines, or Cruel and Unusual Punishment] Section 16. [No Punishment by Corruption of Blood or Forfeiture of Estate] Section 17. Eminent Domain; Just Compensation for Private Property Taken; Public Use as Judicial Question Section 18. [No Imprisonment for Debt] Section 19. [Bribery or Illegal Rebating; Witnesses; Self-Incrimination No Defense] Section 20. [Military Power Subordinate to Civil Power] Section 21. [Free and Equal Elections] Section 22. Bailable Offenses Section 23. Trial by Jury; Number of Jurors Specified by Law Section 24. [Rights of Accused in Criminal Prosecutions] Section 25. [No Bill of Attainder, Ex Post Facto Law, or Impairment of Contracts] Section 26. [Bearing Arms] Section 27. [Standing Army; Quartering of Soldiers] Section 28. [Treason] Section 29. [No Hereditary Emoluments, Privileges, or Powers; No Perpetuities or Entailments] Section 30. [Indictment or Information; Preliminary Examination] Section 31. [Damages for Death or Personal Injuries] Section 32. [Constitutional Provisions Mandatory] Section 33. [Reservation of Rights] Section 34. [Industrial Pursuits by State and Municipal Corporations] Section 35. Actions by Illegal Aliens Prohibited Section 36. Preferential Treatment or Discrimination Prohibited; Exceptions; Definition Section 37. Right to Secret Ballot; Employee Representation Article III: Distribution of Powers Article IV: Legislative Department Part 1. Initiative and Referendum Part 2. The Legislature Article V: Executive Department Section 1. Term Limits on Executive Department State Officers; Term Lengths; Election; Residence and Office at Seat of Government; Duties Section 2. Eligibility to State Offices Section 3. [Governor; Commander-in-Chief] Section 4. [Governor; Powers and Duties] Section 5. [Reprieves, Commutations, and Pardons] Section 6. [Death, Resignation, Removal or Disability of Governor; Succession to Office; Impeachment; Absence from State or Temporary Disability] Section 7. [Presentation of Bills to Governor; Approval or Veto; Line-Item Veto in Appropriation Bills; Inapplicability of Veto to Referred Bills] Section 8. [Vacancies in Office] Section 9. [Powers and Duties of Other State Officers] Section 10. [Canvass of Election Returns for State Officers; Certificates of Election] Section 11. [Commissions of Officers] Section 12. Compensation of Elective State Officers; Commission on Salaries for Elective State Officers Article VI: Judicial Department Section 1. [Judicial Power; Courts] Section 2. [Supreme Court; Composition; Transaction of Business] Section 3. Supreme Court; Administrative Supervision; Chief Justice Section 4. Supreme Court; Term of Office Section 5. [Supreme Court; Jurisdiction; Writs; Rules; Habeas Corpus] Section 6. [Qualifications of Justices] Section 7. [Supreme Court; Administrative Staff] Section 8. [Supreme Court; Publication of Opinions] Section 9. [Intermediate Appellate Courts] Section 10. [Superior Court; Number of Judges] Section 11. [Superior Court; Presiding Judges; Duties] Section 12. Superior Court; Term of Office Section 13. [Superior Court; Composition; Salaries; Judgments and Proceedings; Process] Section 14. Superior Court; Original Jurisdiction Section 15. Jurisdiction and Authority in Juvenile Proceedings Section 16. [Superior Court; Appellate Jurisdiction] Section 17. [Superior Court; Conduct of Business; Trial Juries; Jury Trial; Grand Juries] Section 18. [Superior Court; Writs] Section 19. [Superior Court; Service of Judge in Another County] Section 20. Retirement and Service of Retired Justices and Judges Section 21. [Superior Court; Speedy Decisions] Section 22. [Superior and Other Courts; Qualifications of Judges] Section 23. [Superior Court; Clerk] Section 24. [Superior Court; Court Commissioners, Masters, and Referees] Section 25. [Style of Process; Conduct of Prosecutions in Name of State] Section 26. [Oath of Office] Section 27. [Charge to Juries; Reversal of Causes for Technical Error] Section 28. Justices and Judges; Dual Office Holding; Political Activity; Practice of Law Section 29. [repealed] Section 30. Courts of Record Section 31. Judges Pro Tempore Section 32. Justices of the Peace and Inferior Courts; Jurisdiction, Powers and Duties; Terms of Office; Salaries Section 33. [Change by Legislature in Number of Justices or Judges; Reduction of Salary during Term of Office] Section 34. [Absence of Judicial Officer from State] Section 35. Continuation in Office; Continued Existence of Offices; Application of Prior Statutes and Rules Section 36. Commission on Appellate Court Appointments and Terms, Appointments and Vacancies on Commission Section 37. Judicial Vacancies and Appointments; Initial Terms; Residence; Age Section 38. Declaration of Candidacy; Form of Judicial Ballot, Rejection and Retention; Failure to File Declaration Section 39. Retirement of Justices and Judges; Vacancies Section 40. Option for Counties with Less than Two Hundred Fifty Thousand Persons Section 41. Superior Court Divisions; Commission on Trial Court Appointments; Membership; Terms Section 42. Retention Evaluation of Justices and Judges Article VI.I: Commission on Judicial Conduct Section 1. Composition; Appointment; Term; Vacancies Section 2. Disqualification of Judge Section 3. Suspension or Removal of Judge Section 4. Retirement of Judge Section 5. Definitions and Rules Implementing Article Section 6. Article Self-Executing Article VII: Suffrage and Elections Section 1. [Method of Voting; Secrecy] Section 2. Qualifications of Voters; Disqualification Section 3. Voting Residence of Federal Employees and Certain Others Section 4. [Privilege of Electors from Arrest] Section 5. [Military Duty on Day of Election] Section 6. [Residence of Military Personnel Stationed within State] Section 7. Highest Number of Votes Received as Determinative of Person Elected Section 8. [Qualifications for Voters at School Elections] Section 9. [Advisory Vote] Section 10. Direct Primary Election Law Section 11. [General Elections; Date] Section 12. [Registration and Other Laws] Section 13. [Submission of Questions upon Bond Issues or Special Assessments] Section 14. [Fee for Placing Candidate’s Name on Ballot] Section 15. Qualifications for Public Office Section 16. [Campaign Contributions and Expenditures; Publicity] Section 17. [Vacancy in Congress] Section 18. Term Limits on Ballot Appearances in Congressional Elections Article VIII: Removal from Office Part 1. Recall of Public Officers Part 2. Impeachment Article IX: Public Debt, Revenue, and Taxation Section 1. Surrender of Power of Taxation; Uniformity of Taxes Section 2. Property Subject to Taxation; Exemptions Section 3. [Annual Tax; Purposes; Amount; Tax Laws; Payment of Taxes into State Treasury] Section 4. [Fiscal Year; Annual Statement of Receipts and Expenditures; Deficit] Section 5. [Power of State to Contract Debts; Purposes; Limit; Restrictions] Section 6. [Local Assessments and Taxes] Section 7. Gift or Loan of Credit; Subsidies; Stock Ownership; Joint Ownership Section 8. Local Debt Limits; Assent of Taxpayers Section 9. [Statement of Tax and Objects] Section 10. [No Aid to Church, Private, or Sectarian School or Public Service Corporation] Section 11. Taxing Procedure; License Tax on Registered Vehicles Section 12. [Authority to Provide for Levy and Collection of License and Other Taxes] Section 13. Inventory, Materials and Products of Manufacturers; Production Livestock and Animals; Tax Exemption. Section 14. Use and Distribution of Vehicle, User, and Gasoline and Diesel Tax Receipts Section 15. [License Tax on Aircraft] Section 16. [Exemption of Watercraft from Ad Valorem Property Taxes] Section 17. Economic Estimates Commission; Appropriation Limitation; Powers and Duties of Commission Section 18. Residential Ad Valorem Tax Limits; Limit on Increase in Values; Definitions Section 19. Limitation on Ad Valorem Tax Levied; Exceptions Section 20. Expenditure Limitation; Adjustments; Reporting Section 21. Expenditure Limitations for School Districts and Community College Districts Section 22. Vote Required to Increase State Revenues; Application; Exceptions Section 23. Expenditures Required by Initiative or Referendum; Funding Source Section 24. Prohibition of New Real Property Sale or Transfer Taxes Article X: State and School Lands Section 1. [Acceptance and Holding of Lands by State in Trust] Section 2. [Unauthorized Disposition of Land or Proceeds as Breach of Trust] Section 3. [No Mortgage or Other Encumbrance; Sale or Lease only to Highest Bidder at Public Auction] Section 4. [Sale or Other Disposal; Appraisal of True Value; Sample Security for Credit; Passing of Title] Section 5. [Minimum Price; Relinquishment of Lands to United States] Section 6. [Lands Reserved by United States for Development of Water Power] Section 7. Establishment of Permanent Funds; Segregation, Investment and Distribution of Monies Section 8. [Conformity of Contracts with Enabling Act] Section 9. [Sale or Lease; Conditions; Limitations; Lease Prior to Adoption of Constitution] Section 10. [Laws for Sale or Lease of State Lands; Protection of Residents and Lessees] Section 11. [Maximum Acreage Allowed Single Purchaser] Secton 12. Land Exchanges; Purposes; Notice; Hearings; Submission to the Voters Article XI: Education Section 1. Public School System; Education of Pupils Who Are Vision and Hearing Impaired Section 2. [Conduct and Supervision of School System] Section 3. State Board of Education; Composition; Powers and Duties; Compensation Section 4. [State Superintendent of Public Instruction; Board Membership; Powers and Duties] Section 5. Regents of the University and Other Governing Boards; Appointments by Governor; Membership of Governor on Board of Regents Section 6. [State Educational Institutions Open to Students of Both Sexes; Instruction as Nearly Free as Possible; Common School System] Section 7. [No Sectarian Instruction; No Religious or Political Test or Qualification] Section 8. Permanent State School Fund; Source; Apportionment of State Funds Section 9. [County School Funds; Size of Fund; Free Schools] Section 10. [Source of Revenue for Maintaining State Educational Institutions] Article XII: Counties Section 1. [Counties as Bodies Politic and Corporate] Section 2. [Counties of Territory as Counties of State] Section 3. County Officers; Election; Term of Office Section 4. [County Officers; Duties, Powers, and Qualifications; Salaries] Section 5. Charter Committee; Charter Preparation; Approval Section 6. [Amendment of Charter] Section 7. County Charter Provisions Section 8. Government and Other Powers Section 9. Self-Executing Provision Article XIII: Municipal Corporations Section 1. [Incorporation and Organization; Classification] Section 2. [Charter; Preparation and Proposal by Board of Freeholders; Ratification and Approval; Amendment[ Section 3. [Election of Board of Freeholders] Section 4. [Franchises; Approval of Electors; Term Limit] Section 5. [Right of Municipal Corporation to Engage in Business or Enterprise] Section 6. [No Divestiture of Power of Regulation; No Exclusive Franchise] Section 7. [Irrigation and Other Districts and Political Subdivisions] Article XIV: Corporations other than Municipal Section 1. [Corporation Defined; Right to Sue and Be Sued] Section 2. [Formation under General Laws; Change of Laws; Regulation] Section 3. [Existing Charters, Abandonment] Section 4. [Restriction to Business Authorized by Charter or Law] Section 5. [Foreign Corporations; Transaction of Business] Section 6. [Stocks; Bonds] Section 7. [Lease or Alienation of Franchise] Section 8. [Filing of Articles of Incorporation; Place of Business; Agent for Service of Process; Venue] Section 9. [Eminent Domain; Taking Corporate Property and Franchises for Public Use] Section 10. [Elections for Directors or Managers] Section 11. [Liability of Stockholders] Section 12. [Officers of Banking Institutions; Individual Liability] Section 13. [Want of Legal Organization as a Defense] Section 14. [Legislative Power to Impose Conditions] Section 15. [Monopolies and Trusts] Section 16. [Records, Books, and Files; Visitorial and Inquisitorial Powers of State] Section 17. [Fees; Reports; Licensing of Foreign Corporations] Section 18. [Contributions to Influence Elections or Official Action] Section 19. [Penalties for Violation of This Article] Article XV: The Corporation Commission Section 1. Term Limits on Corporation Commission; Composition; Election; Office Vacancies; Qualifications Section 2. “Public Service Corporation” Defined Section 3. [Power of Commission as to Classifications, Rates and Charges, Rules, Contracts, and Accounts; Local Regulations] Section 4. [Power to Inspect and Investigate] Section 5. Power to Issue Certificates of Incorporation and Licenses Section 6. [Enlargement of Powers by Legislature; Rules and Regulations] Section 7. [Connecting and Intersecting Lines of Transportation and Communications Corporations] Section 8. [Transportation by Connecting Carriers] Section 9. [Transmission of Messages by Connecting Carriers] Section 10. Railways as Public Highways; Other Corporations as Common Carriers Section 11. [Movable Property as Personal Property; Liability of Property to Attachment, Execution, and Sale] Section 12. [Charges for Service; Discrimination; Free or Reduced Rate Transportation] Section 13. [Reports to Commission] Section 14. [Value of Property of Public Service Corporation] Section 15. [Acceptance of Constitutional Provisions by Existing Corporations] Section 16. [Forfeitures for Violations] Section 17. [Appeal to Courts] Section 18. [repealed] Section 19. [Power to Impose Fines] Article XVI: Militia Section 1. Composition of Militia Section 2. [Composition and Designation of Organized Militia] Section 3. [Conformity to Federal Regulations] Article XVII: Water Rights Section 1. [Riparian Water Rights] Section 2. [Recognition of Existing Rights] Article XVIII: Labor Section 1. [Eight-Hour Day] Section 2. Child Labor Section 3. [Contractual Immunity of Employer from Liability for Negligence] Section 4. [Fellow Servant Doctrine] Section 5. [Contributory Negligence and Assumption of Risk] Section 6. Recovery of Damages for Injuries Section 7. [Employer’s Liability Law] Section 8. Workmen’s Compensation Law Section 9. [Blacklists] Section 10. [Employment of Aliens] Article XIX: Mines Article XX: Ordinance Section 1. [Toleration of Religious Sentiment] Section 2. [Polygamy] Section 3. [Introduction of Intoxicating Liquors into Indian Country] Section 4. [Public Lands; Indian Lands] Section 5. [Taxation] Section 6. [Territorial Debts and Liabilities] Section 7. [Public School System; Suffrage] Section 8. [English Language] Section 9. [Location of State Capital] Section 10. [repealed] Section 11. [repealed] Section 12. [Lands Granted to State] Section 13. [Ordinance as Part of Constitution; Amendment] Article XXI: Mode of Amending Section 1. [Introduction in Legislature; Initiative Petition; Election] Section 2. [Convention] Article XXII: Schedule and Miscellaneous Section 1. [Existing Rights, Actions, Suits, Proceedings, Contracts, Claims, or Demands; Process] Section 2. [Territorial Laws] Section 3. [Debts, Fines, Penalties, and Forfeitures] Section 4. [Recognizances; Bonds; Estate; Judgments; Choses in Action] Section 5. [Criminal Prosecutions and Penal Actions; Offenses; Penalties; Actions and Suits] Section 6. [Territorial, District, County, and Precinct Officers] Section 7. [Causes Pending in District Courts; Records, Papers, and Property] Section 8. [Probate Records and Proceedings] Section 9. [Causes Pending in Supreme Court; Records, Papers and Property] Section 10. [Seals of Courts, Municipalities, and County Officers] Section 11. [Effective Date of Constitution] Section 12. [Election of Representative in Congress] Section 13. [Continuation into Office until Qualification of Successor] Section 14. [Initiative] Section 15. Public Institutions Section 16. [Confinement of Minor Offenders] Section 17. [Compensation of Public Officers] Section 18. Nomination of Incumbent Public Officers to Other Offices Section 19. [Lobbying] Section 20. [Design of State Seal] Section 21. [Enactment of Laws to Carry Constitution into Effect] Section 22. Judgments of Death Article XXIII: Prohibition Sections 1–3. [repealed] Article XXIV: Prohibition Sections 1–2. [repealed] Article XXV: Right to Work Article XXVI: Right of Licensed Real Estate Brokers and Salesmen to Prepare Instruments Incident to Property Transactions Article XXVII: Regulation of Public Health, Safety and Welfare Section 1. [Regulation of Ambulance Services] Section 2. Health Care; Definitions Article XXVIII: English as the Official Language Section 1. Definitions Section 2. Official Language of Arizona Section 3. Preserving and Enhancing the Role of the Official Language; Right to Use English Section 4. Official Actions to Be Conducted in English Section 5. Rules of Construction Section 6. Standing; Notification of Attorney General; Recovery of Costs Article XXIX: Public Retirement Systems Article XXX: Marriage Bibliographical Essay Table of Cases Index A B C D E F G H I J L M N O P Q R S T U V W About the Author