Arizona Constitution, Essay Example

The territory of Arizona has been battled over for Centuries.  The value of the land itself brought many struggles over territorial ownership, but also the potential for gold, silver and other wealth’s made the battle continue.  The Preterritorial period can be traced back to the 1528 when the Europeans originally arrived in Arizona.  Prior to that, there was believed to be prehistoric groups inhabiting this location.  There is scarce documented history prior to the Spanish Period.

The Spanish Period took place between 1528-1821.  For several decades there were many territorial searches and Odysseys looking for gold.  It was not until 1607 that Juan de Oñate put a stamp on New Mexico (Arizona), claiming it for Spain.  Between 1785 and 1821, Spanish troops had gone on offensive campaigns into Apachería.  Peace treaty with Apaches; mining, ranching and other successful endeavors in Arizona.  1810-1821 the Mexican revolution occurred.  (Trimble 2011)

In 1821, Mexico won it’s independence from Spain. During this time, the Apache began raiding Arizona running off horses, and killing anyone they found outside of the presidial walls.  In 1836, Texas declared its independence from Mexico and claimed much of the northern land of Mexico.  The United States moved in and attempted to buy the land from Mexico, but they denied the transaction, causing the Mexican-American War of 1846-1848.  In 1848, the Treaty of Guadalupe Hidalgo was signed, giving the United States approximately seventy-percent of northern Arizona.  The treaty also detailed the United States to pay 15 Million to Mexico for compensation.   In 1853, as a result of the gold rush and the increase of population in Arizona, the United States completed the Gadsden Purchase, with gave them the remaining portion of Arizona and New Mexico.

Between 1863 and 1912, the territory of Arizona was property of the United States.  In 1863, identical in name, but different in size and location, the Confederate Territory of Arizona existed between 1861 and 1863.

The territorial period of Arizona spanned from February 24, 1863 to February 14, 1912.  Several trips were made in hopes of acquiring statehood, in fact the territorial residents were so certain they would be granted it, they had written up a constitution and taken it with them to Washington.  “There was talk about a constitutional convention to start the next day that hoped to vault Arizona into statehood, but the change from territory to an outright state on equal footing with the country’s other 47 states had been an unsuccessful effort for decades.”  (Leshy 1988)

One of the leading historians of the Progressive Era, Richard Hofstadter, suggested that the Progressive movement “may be looked upon as an attempt to develop the moral will, the intellectual insight, and the political and administrative agencies to remedy the accumulated evils and negligence’s of a period of industrial growth.” (Hofstadter 1963)  The Progressive movement took place in Arizona between 1901 through 1917. The citizens called for a direct democracy to avoid the potential of corruptions.  In this movement, the citizens called for three measures; the initiative, referendum and recall. This impacted the declaration of rights and the Arizona constitution because it created provisions for what the citizens wanted along with the political leaders.  President Taft was not a fan of the democratic movement; in fact Arizona was denied statehood because the constitution allowed the recall of judges.  Arizona removed that provision till they were granted statehood, and then reinstated it.   During the election of 1912 the voters gave voting rights to women.  Some of the ballot initiatives included elimination and restoration of the death penalty, limiting judges terms, merit of judges selected, redistricting, state lottery, and taxes on cigarettes to name a few.   The recall process did not work for the citizens of Arizona until 1988.
The powers of the three branches of Arizona’s government:

The branches of Arizona government, and the powers and functions of each branch:

Executive Branch

• Consists of plural executive branch, making no one person in charge.
• The governor has varied powers; nearly all are limited in significant ways. Also the governor plays a major role in the state’s budget process, but the legislature has the final say. Also appoints judges.
• The Secretary of State in next in line after governor and is the chief elections official and maintains the state’s records and laws.
• State Attorney general represents the state in most non-criminal litigation and has an important role, but not exclusive, positioning in criminal law enforcement.
• The Treasurer is the state’s top financial officer and collects, safeguards, and invests the state’s funds.
• The superintendent of public instruction manages the department of education, but other powers such as school boards and superintendent has a governing role.

Legislative Branch

• The Senate and the House of Representatives has equal status.
• They were created to enact laws and perform duties assigned to the legislative branch.
• The Legislative branch has many hearings and debates to create thorough consideration before presenting it for voting.
• Legislators can be voted out of office by the people prior to their term being up.
• Legislators also supervises and oversees the operation of state government

Judicial Branch

• The highest level of the Judicial Branch is the Arizona Supreme court.
• This also consists of all courts in the state
• Responsible for all judicial issues and for providing justice to all.
• In order to make an amendment to the Arizona Constitution, the following procedures must be implemented. (McClory 2001)
• Initiated Constitutional Amendment, these go to ballot when qualifying electors reach 15% of the total number of votes cast for all candidates for governor.
• Arizona legislature is allowed to propose an amendment.  A majority in both chambers must approve it then it goes on a statewide ballot and if the simple majority approves it, it goes into effect.
• Constitutional convention may be called by a statewide vote.  If pass by popular vote than it becomes part of the constitution.
• Amendments may be proposed in House of Legislature or by Initiative petition signed by a number of qualified electors totally 15% of the total number of votes for all candidates for governor.
• Two-thirds of the House must approve proposed amendment
• Once an amendment is approved the Secretary of State must publish it in one newspaper in every county for 90 days.

The amendment process for the Arizona Constitution is a fair process, and is similar to others states guidelines for amendments as well.  One thing that Arizona’s Progressive framers had desired was to have a democratic state.  In order for the people to successfully make a change to the Constitution, there has to be a statewide vote.  The people have the authority and the ability to change a law, if they have the majority in agreement that it needs to be changed.  This, to date, is still implementing the democratic process for which Arizona’s Constitution was created.  In order for the people to make a change, most of the people in the state of Arizona would have to see the need and agree with the proposed change.  The progressive framers would approve of the way that the process within the state has gone.  In 1988, the people were able to successfully implement the first recall, against an Arizona governor.  This matter that the founders felt essential to keep in the constitution was finally utilized some eighty years later.  The democracy that the framers demanded and set up so the government was ran in that way, and it is still being practiced to date.  They called for three measures; the initiative, referendum and recall and this is still current law in the Arizona Constitution.   The corruption is limited because of the ability of the people to recall and amend any laws or changes that is not in the best interest of the state and its citizens.

References

Hofstadter, Richard. (1963) The Progressive Movement, 1900-1915.  Englewood Cliffs,N.J.: Prentice-Hall Inc.

Leshy, John D. (1988) The Making of the Arizona Constitution. A RIZ . ST . L.J. 1

McClory, Toni. (2001) Understanding the Arizona Constitution. Trimble, Marshall. (2011) Arizona’s Chronology. Retrieved from: http://www.lib.az.us/links/AZchronology.aspx