POS 301 - Arizona Constitution
The Supremacy Clause:
(Article 6): ensures that the federal constitution supersedes all state constitutions -State constitution cannot limit what the federal constitution guarantees
Amending the Constitution:
-144 times -Easier to amend because it is closer to the people
How long are the elected officials terms?
-2 years -1968: AZ voted for 4 year terms for the 5 major official positions (Governor, Secretary of State, Attorney General, State Treasurer, Superintendent of public instruction)
Qualifications to run:
-25 years old -U.S. citizen for 10 years -AZ resident for 5 years -Registered voter -English proficient
Qualifications for State Legislators:
-25 years old -US citizen -Arizona resident for 3 years -County resident for 1 year -Registered voter -English proficient
Statutes:
-A law -typically enacted by the legislation -less typically enacted by the initiative process
Governor Power / Responsibility
-Administration powers: Prez of state -Appointments -removal -fiscal -military (national guard) -propose law -call special sessions -vetos -Judicial appointments -clemency (state pardon)
What are some similarities between the U.S. Congress and the Arizona Legislative branch?
-Bicameral: two chambers (the senate and the house) -Collective decision making body -Majority or more of its 90 members agree -Representative bid -Legislators are elected from small districts throughout the state
Secretary of State responsibilities:
-First in line behind Governor -oversee the elections -Record keeping
What does Plural Executive Branch mean?
-Governors office is not comparable to the president -Arizona's Executive Branch is fragmented among many elected officials and quasi-independent boards -more accountable -People did not trust the government
Citizen Legislators:
-Have a second job -Pay is about 24,000 / year -Make laws -Appropriate money (budget)
State mine inspector responsibiliities:
-Have un-appointed position -elected for protection of people (-mining industry in the past was corrupt)
Superintendent of Public Instruction responsibilities:
-Highest ranking education official -Shares power with other officials and boards -policies are set by board of Education
What are some pros for the idea of retaining a judge versus having them serve for a life time?
-Improves the quality of the bench -Provides accountability
What are some differences between the U.S. Congress and the Arizona Legislative branch?
-Length of terms -All state legislators have simultaneous 2 year terms -This is so the voters can replace everyone at once, and the short terms encourage legislators to be more attuned and responsive to their constituents
Corporation Commissioner responsibilities:
-Regulates corporations -certifies business -Regulate public service corporations -determines maximum rates that can be changed
Arizona Legislative Branch:
-Resembles U.S. Congress, but is not identical -Law making body -Framers sought to make the AZ legislature more responsive to Arizona citizens
Describe the sessions for State Legislators:
-Start on the second Monday in January -No fixed ended date, about 144 days
State Treasurer responsibilities:
-State's chief finance officer -state constitution has singled out this office -This official must inform others if they wish to travel
Attorney General responsibilities:
-State's top legal advisor -State's lawyer in most non-criminal litigation -Enforce of Arizona antitrust, consumer fraud, organized crime, and civil rights law
Arizona Declaration of Rights:
-Supplements the rights guaranteed to all Americans by the constitution -Builds off of the U.S. constitution -Subtle differences from state to state -State courts have the right to interpret state constitutional rights differently and more expansively than federal provisions
What are some cons for the idea of retaining a judge versus having them serve for life time?
-The number of judges up for retentions... In 2008, 46 judges were up for retention in Maricopa County. -Voter Education -Political manipulation
Arizona Executive Branch:
-To carry out or execute the laws and Judicial decrees of the state. -65,000 work for the Executive branch in AZ -We have a plural Executive branch
Elected officials positions:
-governor -secretary of state -attorney general -state treasurer -superintendent of public instruction -state mine inspectors -corporation commissioners (5)
Why did people not trust the government:
-want considerable discretion in enforcing laws -concentrations of power could lead to corruption
1974, Merit based system:
1) Qualified attorneys apply to one of three judicial nominating commissions. 2) Commission reviews applications, conducts interviews, and recommends three candidates to the Governor. 3) Governor appoints 4) The Judge then serves the term until the election.
Name a few job titles of the Executive Branch:
1. Governor 2. Department of Public Safety 3. Universities 4. Correctional faciilties 5. Department of Parks 6. Hospitals 7. Football coach 8. K-12 Education
Term limits:
1992: no more than 2 consecutive terms in the same office, or 8 years
What is different about Arizona Judicial Branch from the US Judicial Branch?
Arizona framers deliberately rejected the federal approach where judges are nominated and serve for life. -Judges were to be elected like other public officials -Have fixed and renewable terms
Hildago treaty:
Buying Arizona from Mexico
THE REASON TERMS ARE ONLY 2 YEARS.
DIRECT DEMOCRACY
Arizona Constitution
Established a state government by defining powers, responsibilities, and internal structure. -safeguard right -Preamble -30 articles
Article #5:
Executive Branch
When was Arizona founded?
February 14th, 1912
Article #6:
Judicial Branch
Article #3:
Lays out the organization of the 3 branches (Separation of Powers)
Article #4:
Legislative Branch
1988, the state constitution stated that the top 5 executive officers must be...
Male. However, this was an oversight, in 1998 all positions were woman. (FAB 5)
INITIATIVE, RECALL, REFERENDUM, ELECTION OF CORPORATION COMMISSIONERS ARE _______ ELEMENTS OF ARIZONA'S CONSTITUTION.
PROGESSIVE
Constitution Referendum Process:
The Legislation can propose an amendment
What happened Feb. 14th, 1912?
The birth of Arizona
Constitution Initiative Process:
The voters can formally propose an amendment
COTTON, CATTLE, CLIMATE, COPPER, CITRUS
WHAT ARE ARIZONA'S 5 CS?
SOME SUPERIOR COURT JUDGES AND ALL JUSTICES OF THE PEACE ARE STILL CHOSEN THAT WAY!
WHAT ARE JUDICIAL ELECTIONS?
EXECUTIVE BRANCH ELECTED OFFICIALS ARE ELECTED DURING THESE YEARS.
WHAT ARE OFF PRESIDENTIAL YEARS?
2 CONSECUTIVE TERMS IN THE SAME OFFICE.
WHAT ARE TERM LIMITS?
LEGISLATORS MAY NOT SERVE MORE THAN FOUR CONSECUTIVE TERMS. BUT CAN SIT OUT AN ELECTION OR CAN SWITCH BETWEEN THE HOUSE AND THE SENATE CONTINUALLY.
WHAT ARE TERM LIMITS?
NAMES OF THE TWO LEGISLATIVE CHAMBERS IN ARIZONA.
WHAT ARE THE SENATE AND THE HOUSE?
THE LENGTH OF TERM FOR THOSE SERVING IN THE ARIZONA SENATE.
WHAT IS 2 YEARS?
TO RECALL A PUBLIC OFFICIAL, A RECALL PETITION MUST CAPTURE THIS PERCENTAGE OF THE TOTAL NUMBER OF ELECTORS WHO VOTED FOR THE SPECIFIC OFFICE DURING THE LAST GENERAL ELECTION.
WHAT IS 25%
MOST LEGISLATORS HAVE OTHER JOBS. THIS MAKES UP A ________ LEGISLATURE.
WHAT IS A CITIZEN LEGISLATURE?
FOUNDED ON THE PRINCIPLE OF ELECTED OFFICIALS REPRESENTING A GROUP OF PEOPLE
WHAT IS A REPRESENTATIVE DEMOCRACY?
VOTERS ARE ABLE TO REPLACE _______ THE INCUMBENTS AT ONCE IN THE GENERAL ELECTION.
WHAT IS ALL?
THE RINGTAIL CAT
WHAT IS ARIZONA'S STATE MAMMAL?
WHEN A JUDGE IS RUNNING AGAINST HIS OR HER OWN RECORD VERSUS RUNNING AGAINST ANOTHER CANDIDATE.
WHAT IS JUDICIAL RETENTION?
THE NUMBER OF PEOPLE EMPLOYED BY THE EXECUTIVE BRANCH IN ARIZONA.
WHAT IS MORE THAN 65,000?
MADE UP OF A PREAMBLE AND THIRTY ARTICLES
WHAT IS THE ARIZONA CONSTITUTION?
144 DAYS
WHAT IS THE AVERAGE LENGTH OF SESSION?
ARIZONA IS PART OF THE ________ SYSTEM THAT INCLUDES THE NATIONAL GOVERNMENT AND FORTY-NINE OTHER STATES.
WHAT IS THE FEDERAL SYSTEM? (FEDERALISM)
1. QUALIFIED ATTORNEYS APPLY TO ONE OF THREE JUDICIAL NOMINATING COMMISSIONS. 2. COMMISSION RECOMMENDS THREE CANDIDATES TO THE GOVERNOR. 3. GOVERNOR APPOINTS 4. THE JUDGE SERVES TERM UNTIL ELECTION
WHAT IS THE MERIT BASED SYSTEM?
MANY CORE FEATURES OF THE ARIZONA CONSTITUTION ARE A PRODUCT OF THIS ERA.
WHAT IS THE PROGRESSIVE MOVEMENT.
THE MOST COMMONLY USED METHOD FOR ALTERING THE ARIZONA CONSTITUTION.
WHAT IS THE REFERENDUM?
THE CLAUSE IN THE US CONSTITUTION THAT DECREES WHERE BOTH GOVERNMENTS HAVE THE AUTHORITY TO ACT, THAT STATE LAW IS SUBORDINATE TO THE US CONSTITUTION AND OTHER FEDERAL LAWS.
WHAT IS THE SUPREMACY CLAUSE
ARIZONA'S EXECUTIVE BRANCH IS A _________ EXECUTIVE BRANCH.
WHAT IS WEAK?
ORIGINALLY, ____________ WERE TO BE ELECTED IN CONTESTED ELECTIONS LIKE OTHER PUBLIC OFFICIALS IN THE ARIZONA CONSTITUTION.
WHO ARE JUDGES?
THESE PEOPLE DELIBERATELY REJECTED THE FEDERAL APPROACH WHERE JUDGES ARE NOMINATED AND SERVE FOR LIFE.
WHO ARE THE ARIZONA CONSTITUTION'S FRAMERS?
THE NAME OF THE WOMEN ELECTED TO THE TOP 5 EXECUTIVE POSITIONS IN THE STATE IN 1998.
WHO ARE THE FAB FIVE?
THIS PERSON VETOED ARIZONA'S FIRST CONSTITUTION IN 1910.
WHO IS PRESIDENT TAFT
IF THE GOVERNOR RESIGNED, WHO WOULD SUCCEED HIM OR HER?
WHO IS THE SECRETARY OF STATE?
Are elected officials elected independently?
Yes. and can have different political parties.
Constitution Convention:
a new Constitution convention can be called to propose amendments
Judicial Federalism:
refers to the state courts exercise of their authority to interpret their own state constitution to expand upon those in the U.S. constitution
The closer the government is to the people....
the more functional it becomes
