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View translated passages only
Oxford Law Citator
Preface to the Second Edition
Part One The History of the Arizona Constitution
The History and Development 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
Power to the People
Suffrage and Safeguarding the Purity of Elections and Government
Allocating Power among Branches of Government
Restraining Government by Securing Individual Rights
Policing the Struggle between Capital and Labor
Wealth and Taxation
Providing for the Future: Children and Public Education
Amending the Constitution
A Slight Detour on the Way to Statehood
Amendments to the 1910 Constitution
Part Two The Arizona Constitution and Commentary
Art.I State Boundaries
Art.II Declaration of Rights
s.2.1 Victims’ Bill of Rights.
Procedural Due Process
Substantive Due Process
Economic rights of individuals.
Other substantive rights.
Search and Seizure
Generalized Right of Privacy
“Without Authority of Law”
Relationship to Federal Constitutional Provisions
Relationship to Other Provisions of This Constitution
Early Interpretations of This Section
Modern Doctrine and Applications
Cruel and Unusual Punishment
s.17 Eminent Domain; just compensation for private property taken; public use as judicial question.
Taking Private Property for Private Use
s.22 Bailable offenses.
s.23 Trial by jury; number of jurors specified by law.
Right to Trial by Jury in Civil Cases
Special Requirements in Criminal Cases
Accused’s Right to Counsel
Accused’s Right to Appear
Accused’s Right to Know the Nature and Cause of the Accusation against Him
Accused’s Right to Testify in His Own Behalf
Accused’s Right to Confront Witnesses against Him
Accused’s Right to Compel Attendance of Witnesses in Her Behalf
Accused’s Right to a Speedy Public Trial
Accused’s Right to Trial by Jury
Accused’s Right to an Impartial Jury
Accused’s Right of Appeal
Accused’s Right to Avoid Advancing Money or Fees to Secure Rights
Bill of Attainder
Ex Post Facto
Impairment of Contract Obligations
s.31 Damages for death or personal injuries.
s.35 Actions by illegal aliens prohibited.
s.36 Preferential treatment or discrimination prohibited; exceptions; definition.
s.37 Right to secret ballot; employee representation
Art.III Distribution of Powers
Delegation of Legislative Powers to Executive Branch Agencies
Delegation of Legislative Power to Local Governments
Delegation of Legislative Powers to the Courts
Legislative Encroachments upon the Judiciary
Legislative Encroachments on Other Branches
Avoiding Encroachments on the Legislature
Art.IV Legislative Department
Part I Initiative and Referendum
The Initiative and Referendum
General Commentary on Judicial Review of the Initiative/Referendum Process
Part 2 The Legislature
s.1 Senate; house of representatives, members; special session upon petition of members; congressional and legislative boundaries; citizen commissions.
s.12 Procedure on bills; approval or disapproval by governor.
The General Appropriation Bill
Individual Appropriations Bills
s.21 Term limits of members of state legislature.
s.22 Juvenile justice; certain chronic and violent juvenile offenders prosecuted as adults; community alternatives for certain juvenile offenders; public proceedings and records.
Art.V Executive Department
s.1 Term limits on executive department and state officers; term lengths; election; residence and office at seat of government; duties.
s.2 Eligibility to state offices.
s.12 Compensation of elective state officers; commission on salaries for elective state officers.
Art.VI Judicial Department
s.3 Supreme Court; administrative supervision; chief justice.
s.4 Supreme Court; term of office.
s.12 Superior Court; term of office.
s.14 Superior Court; original jurisdiction.
s.15 Jurisdiction and authority in juvenile proceedings.
s.20 Retirement and service of retired justices and judges.
s.22 Superior and other courts; qualifications of judges.
First Sentence; Judges’ Instructions to Juries and Commenting on the Evidence
Harmless Error in Jury Instructions or Judge’s Comments
The Substantial Justice Standard
s.28 Justices and judges; dual office holding; political activity; practice of law.
s.30 Courts of record.
s.31 Judges pro tempore.
s.32 Justices of the peace and inferior courts; jurisdiction, powers and duties; term of office; salaries.
s.35 Continuation in office; continued existence of offices; application of prior statutes and rules.
s.36 Commission on appellate court appointments and terms, appointments and vacancies on commission.
s.37 Judicial vacancies and appointments; initial terms; residence; age.
s.38 Declaration of candidacy; form of judicial ballot, rejection and retention; failure to file declaration.
s.39 Retirement of justices and judges; vacancies.
s.40 Option for counties with less than two hundred fifty thousand persons.
s.41 Superior court divisions; commission on trial court appointments; membership; terms.
s.42 Retention evaluation of justices and judges.
Art.VI-I Commission on Judicial Conduct
s.1 Composition; appointment; term; vacancies.
s.2 Disqualification of judge.
s.3 Suspension or removal of judge.
s.4 Retirement of judge.
s.5 Definitions and rules implementing article.
s.6 Article self-executing.
Art.VII Suffrage and Elections
s.2 Qualifications of voters; disqualification.
s.3 Voting residence of federal employees and certain others.
s.7 Highest number of votes received as determinative of person elected.
s.10 Direct primary election law.
s.15 Qualifications for public office.
s.18 Term limits on ballot appearances in congressional elections.
Art.VIII Removal from Office
Part 1 Recall of Public Officers
s.3 Resignation of officer; special election.
s.4 Special election; candidates; results; qualification of successor.
Part 2 Impeachment
Art.IX Public Debt, Revenue, and Taxation
s.1 Surrender of power of taxation; uniformity of taxes.
s.2 Property subject to taxation; exemptions.
s.2.1 Exemption from tax; property of widowers.
s.2.2: Exemption from tax; property of disabled persons.
s.2.3 Exemption from tax; increase in amount of exemptions, assessments and income.
s.7 Gift or loan of credit; subsidies; stock ownership; joint ownership.
s.8 Local debt limits; assent of taxpayers.
s.8.1 Unified school district debt limit.
s.11 Taxing procedure; license tax on registered vehicles.
s.12.1 Temporary taxes; repeal from and after May 31, 2013
s.13 Inventory, materials and products of manufacturers; production livestock and animals; tax exemption.
s.14 Use and distribution of vehicle, user, and gasoline and diesel tax receipts.
s.17 Economic estimates commission; appropriation limitation; powers and duties of commission.
s.18 Residential ad valorem tax limits; limit on increase in values; definitions.
s.19 Limitation on ad valorem tax levied; exceptions.
s.20 Expenditure limitation; adjustments; reporting.
s.21 Expenditure limitations for school districts and community college districts.
s.22 Vote required to increase state revenues; application; exceptions.
s.23 Expenditures required by initiative or referendum; funding source
s.24 Prohibition of new real property sale or transfer taxes.
Art.X State and School Lands
s.7 Establishment of permanent funds; segregation, investment and distribution of monies
s.12 Land exchanges,; purposes; notice; hearings; submission to the voters.
s.1 Public school system; education of pupils who are hearing and vision impaired.
s.3 State board of education; composition; powers and duties; compensation.
s.5 Regents of the university and other governing boards; appointments by governor; membership of governor on board of regents.
s.8 Permanent state school fund; source; apportionment of state funds.
s.3 County officers; election; term of office.
s.5 Charter committee; charter preparation; approval.
s.6 Amendment of charter.
s.7 County charter provisions.
s.8 Government and other powers.
s.9 Self-executing provision.
Art.XIII Municipal Corporations
Art.XIV Corporations other than Municipal
Art.XV The Corporation Commission
s.1 Term limits on corporation commission; composition; election; office vacancies; qualifications.
s.2 “Public service corporation” defined.
s.5 Power to issue certificates of incorporation and licenses.
s.10 Railways as public highways; other corporations as common carriers.
s.1 Composition of militia.
Art.XVII Water Rights
s.2 Child labor.
s.6 Recovery of damages for injuries.
A No Abrogation of Causes of Action to Recover Damages for Injuries
B Limitation on Damage Recovery
s.8 Workmen’s compensation law.
Level of Benefits
Compensation Regardless of Fault
Scope of Coverage
Election of Remedies—Private versus Public Sector Employees
Recovery from Third Parties or Fellow Employees—1980 Amendment
Art.XXI Mode of Amending
Art.XXII Schedule and Miscellaneous
s.15 Public institutions.
s.18 Nomination of incumbent public officers to other offices.
s.22 Judgments of death.
Art.XXV Right to Work
Art.XXVI Right of Licensed Real Estate Brokers and Salesmen to Prepare Instruments Incident to Property Transactions
Art.XXVII Regulation of Public Health, Safety and Welfare
s.2 Health care; definitions
Art.XXVIII English as the Official Language
s.2 Official language of Arizona.
s.3 Preserving and enhancing the role of the official language; right to use English
s.4 Official actions to be conducted in English.
s.5 Rules of construction.
s.6 Standing; notification of attorney general; recovery of costs
Art.XXIX Public Retirement Systems
Table of Cases
About the Author
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The Arizona State Constitution (2nd Edition)
John D. Leshy
US Constitutional Law [USC]
Oxford Commentaries on the State Constitutions of the United States
Published in print:
25 April 2013