Understanding the Arizona Constitution

by McClory, Toni

• ISBN13: 9780816529445
• ISBN10: 0816529442
• Edition: 2nd
• Format: Paperback
• Copyright: 2010-11-01
• Publisher: Univ of Arizona Pr

Summary

Arizona became the nation's 48th state in 1912 and since that time the Arizona constitution has served as the template by which the state is governed. Toni McClory's Understanding the Arizona Constitution has offered insight into the inner workings and interpretations of the document--and the government that it established--for almost a decade. Since the book's first publication, significant constitutional changes have occurred, some even altering the very structure of state government itself. There have been dramatic veto battles, protracted budget wars, and other interbranch conflicts that have generated landmark constitutional rulings from the state courts. The new edition of this handy reference addresses many of the latest issues, including legislative term limits, Arizona's new redistricting system, educational issues, like the controversial school voucher program, and the influence of special-interest money in the legislature. A total of 63 propositions have reached the ballot, spawning heated controversies over same-sex marriage, immigration, and other hot-button social issues. This book is the definitive guide to Arizona government and serves as a solid introductory text for classes on the Arizona Constitution. Extensive endnotes make it a useful reference for professionals within the government. Finally, it serves as a tool for any engaged citizen looking for information about online government resources, administrative rules, and voter rights. Comprehensive and clearly written, this book belongs on every Arizonan's bookshelf.

Table of Contents

List of Illustrations	p. ix
Preface to the First Edition	p. xi
Preface to the Second Edition	p. xv
The Arizona Constitution	p. 1
The Importance of State Constitutions	p. 1
The Hierarchy of Laws	p. 3
The Many Sources of Arizona Law	p. 3
Resolving Conflicts between Laws	p. 4
Amending the Arizona Constitution	p. 7
Online Resources	p. 10
Origins of the Arizona Constitution	p. 11
Arizona's First Governments	p. 11
The Pre-territorial Period	p. 11
The Territorial Period: 1863 to 1912	p. 17
The Push for Statehood	p. 20
Federal Opposition	p. 20
The Enabling Act of 1910	p. 22
The Framers of the Arizona Constitution	p. 25
The Constitution of 1910	p. 28
The Taft Veto and Its Aftermath	p. 31
Online Resources	p. 34
The Legislative Branch	p. 35
Structure of the Legislature	p. 35
Legislative Elections	p. 36
Arizona's Citizen Legislature	p. 44
Organization of the Legislature	p. 52
Responsibilities of the Legislature	p. 55
The Lawmaking Process	p. 55
Fiscal Powers	p. 68
Government Oversight Powers	p. 75
Other Legislative Powers	p. 78
Online Resources	p. 79
Direct Democracy	p. 80
The Theory of Direct Democracy	p. 80
How the Procedures Work	p. 82
The Initiative	p. 82
The Referendum	p. 90
Recall	p. 100
Online Resources	p. 103
The Executive Branch	p. 104
Executive-Branch Structure	p. 104
A "Plural" Executive Branch	p. 104
Elected Officials	p. 109
The Governor's Powers	p. 117
Administrative Powers	p. 117
Lawmaking Powers	p. 121
Judicial Powers	p. 125
Informal Powers	p. 128
Other Elected Officials	p. 128
The Secretary of State	p. 129
The Attorney General	p. 130
The State Treasurer	p. 131
The Superintendent of Public Instruction	p. 131
The State Mine Inspector	p. 132
Arizona Corporation Commissioners	p. 132
Online Resources	p. 134
The Judicial Branch	p. 135
The Power of the Judicial Branch	p. 135
How Judges Make Law and Public Policy	p. 136
Judicial Review	p. 138
The Court System	p. 140
Arizona's Major Courts	p. 140
The Relationship between State and Federal Courts	p. 145
How Judges Are Chosen, Retained, and Removed	p. 146
Judicial Selection and Retention before Merit Selection	p. 147
Removing Judges	p. 152
Judicial Procedures	p. 153
A Typical Felony Case	p. 153
A Typical Tort Case	p. 159
Online Resources	p. 163
Local Government	p. 164
Why We Have Local Governments	p. 165
Counties	p. 165
What Counties Do	p. 168
How Counties Are Governed	p. 170
The Problem of County Governance	p. 171
Cities and Towns	p. 175
What Cities and Towns Do	p. 176
How Cities and Towns Are Governed	p. 177
District Governments	p. 184
School Districts	p. 185
Community College Districts	p. 190
Special Taxing Districts	p. 190
Online Resources	p. 192
Appendix: Taft's Veto of Arizona Statehood	p. 193
Glossary	p. 201
Notes	p. 211
Figure Credits	p. 261
Index	p. 263
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