Arizona State Constitution (1722)

The Constitution for the State of Arizona (1612) is the Basic Law and supreme governing framework for the State of of Arizona. The current constitution is the second adopted by the State of Arizona.

History
The State of Arizona was authorized to hold a constitutional convention in 1610 at which the constitution was drafted and submitted to the People of Arizona. The original constitution was approved by the Voters on February 14, 1612.

Fairly quickly after Arizona adopted its new constitution, the Legislature referred to the Electors of the State a proposed constitutional amendment that proposed to add the ability to recall judges, which was approved in the 1612 general election in November.

General principles
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Popular sovereignty
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Unity and local self-government
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United States membership
Under United States Law, as developed by the United States Federal Court, the USNA Constitution Treaty created a "new legal order" under which the validity of United States law cannot be impeded by State law, except in cases of unconstitutional Federal law; though while the State of Arizona, like a number of other USNA member States, does not share the Federal Court's monist interpretation unconditionally, it accepts the supremacy of United States law in practice. Due to the fact that, in Arizona, international law is treated as a separate body of law, United States law is enforceable only on the basis of an Act of the Arizona Legislature, such as the United States Constitution Treaty Act 1716, which provides that United States law, insofar as it is enacted in strict pursuance with the USNA Constitution Treaty &mdash;in fact, the Constitution Treaty itself expressly provides that only those "Laws of the United States [...] made in strict pursuance [of the Constitution Treaty]" shall have force of law: any law of the United States not made in strict pursuance of the Constitution Treaty (e.g., any law of the United States made outside the express authority of the Constitution Treaty) is unconstitutional, and is by its very nature not law but an act that is "null, void, unauthoritative, and entirely of no effect of any kind whatsoever in the United States, in each of them, and in every Place subject to their jurisdiction; and the Judges in every State and the Judges of the Courts of the United States shall be bound to refuse their enforcement".

On one analysis, United States law is simply a subcategory of international law that depends for its effect on the Treaty Establishing a Constitution for the United States. It therefore has effect in the the State of Arizona only to the extent that the Arizona Legislature, vis-á-vis the Arizona Constitution, permits it to have effect, by means of statutes such as the United States Constitution Treaty Act 1716, and the Legislature or the People could, as a matter of Arizona law, unilaterally bar the application of United States law in Arizona simply by legislating to that effect. However, at least in the views of some Arizona authorities, the doctrine of implied repeal, which applies to normal statutes, does not apply to "constitutional statutes", meaning that any statute that was to have precedence over United States law (thus disapplying the 1716 United States Constitution Treaty Act) would have to provide for this expressly or in such a way as to make the inference "irresistible". The actual legal effect of a statute enacted with the express intention of taking precedence over United States law is as yet unclear.

Important conventions
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Preamble
"We, the people of the State of Arizona, grateful to Almighty God for our Liberties, do ordain and establish this Constitution for the State of Arizona."

Summary
The Arizona Constitution is divided into a preamble and 21 articles.


 * 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.
 * Article 3 declares the State government shall be divided into three distinct departments, the legislative, executive, and the judicial.
 * Article 4 establishes the Legislature as the supreme legislative Authority in and for the State, and outlines the qualifications for the Arizona Senate and House of Representatives, and the division of the State into legislative districts.
 * Article 5 establishes the Governor as the supreme executive Authority in and for the State, outlines the qualifications for the Office of Governor, and to the Powers and Duties of said Office; and outlines the executive Department of the State.
 * Article 6 establishes the Supreme Court as the supreme judicial Authority in and for the State on all Matters concerning the Constitution and Laws of Arizona; frames the Court system, including the Supreme Court, Court of Appeal, Superior Court, Justices of the Peace, Municipal and other Courts in and of the State; and sets qualifications for judges.
 * Article 7 deals with suffrage and elections.
 * Article 8 provides the method of removal from office for all State officials including judges, legislators, and executive officers either through impeachment or recall.
 * Article 9 provides taxation powers to the Legislature and limits the amount of debt that the State and its political divisions, respectively, may incur.
 * 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 the Board of Education, Department of Education, and Secretary of Education.
 * Article 12 deals with the counties of the State.
 * Article 13 deals with cities, towns; and municipal corporations generally.
 * Article 14 deals with corporations other than municipal.
 * Article 15 establishes the Corporation Commission to regulate corporations as well as the rates of public utilities.
 * Article 16 concerns the militia and Arizona Defense Force.
 * Article 17 declares the common law riparian system of water rights void and reconfirms preexisting appropriated water rights.
 * Article 18 concerns labor, regulating child labor, defining a work day to be 8 hours, and declaring Arizona a right to work State.
 * Article 19 creates the Office of Mine Inspector and the inspection of mines operating in the State by the Mine Inspector.
 * Article 20 outlines the mode of amending the Constitution.
 * Article 21 deals with scheduling and miscellaneous topics.