Arizona Government

Full Printable Lesson (All Grades) Arizona Legislature Podcast

Arizona Government Lesson 5: The Legislative Process in Arizona

Question 5: Which is not true of the lawmaking process in Arizona?

The state legislature can pass a bill into law.
The governor can veto bills proposed by the legislature or a citizen initiative.
The citizens can use the initiative process to pass a law.
The citizens can use a referendum to block a law passed by the legislature.

Background

Like almost all state legislatures, the Arizona legislature is modeled on that of the United States Constitution, with a bicameral (two house) structure of both a Senate and a House of Representatives. The state is broken up into 30 legislative districts; the citizens of each district elect one senator and two representatives, for a total of 30 senators and 60 representatives. These legislators, who serve two year terms, have the primary responsibility for making the laws in Arizona. As in other bicameral legislatures, proposed legislation must pass both chambers of the legislature (and in Arizona, like most states, have the approval of the governor) before it becomes a law.

Arizona’s Constitution, arguably the closest to direct democracy of any in the country since the 1776 Pennsylvania Constitution, extends that level of citizen participation beyond simply electing officials to also involve citizens in the process of direct lawmaking. Thus, in addition to short terms of office and recall for elected officials, the state allows citizens to initiate their own statutes (laws), initiate their own constitutional amendments, and hold referenda to block bills coming from the state legislature. In other words, the Arizona Constitution allows citizens to write laws or stop laws.

As literally the first paragraph of the lawmaking and legislative part of the Arizona Constitution (Article IV) says:

The legislative authority of the state shall be vested in the legislature, consisting of a senate and a house of representatives, but the people reserve the power to propose laws and amendments to the constitution …. and they also reserve, for use at their own option, the power to approve or reject at the polls any act, or item, section, or part of any act, of the legislature.

The initiative and referendum were products of the Progressive Era, when many critics argued that the traditional constitutional system needed to be made more directly accountable to the people; others, however, continued to argue that such direct democracy would produce poorer, hastily considered laws and threaten liberty.

Arizona’s statehood fight occurred during the high watermark of this reforming attitude; within two years before and after statehood, roughly a dozen states added one or both of the initiative and referendum to their constitutions. Relatedly, in 1912, the Supreme Court rejected a challenge claiming that these democratic procedures violated the Article IV guarantee in the US Constitution that every state would be “republican.”

Many argued that the term “republican” referred to a system of government by elected representatives, and that this was fundamentally different than direct democracy, by which citizens directly vote to make or block policy. Others suggested the term “republican” was less specific and could include these newer ways of making policy; the core was simply self-government. The Supreme Court declined to rule on the issue, arguing that this was a political rather than legal question. With the courts signaling they would not interfere, states continued to adopt elements of direct democracy, even as critics continued to draw a sharp distinction between republican and democratic governments.

About half the states in the Union, largely but not exclusively in the west, have either the initiative or the referendum. Three states (Florida, Illinois, and Mississippi) allow citizens to use an initiative to amend the constitution—thereby preventing legislators from blocking necessary changes—but not to engage in the minutiae of regular lawmaking. (Each state’s initiative amendment process is more limited than Arizona’s.) Maryland and New Mexico allow citizens to use referenda to block laws by the legislature, but not to make their own laws.

The Arizona legislature can also propose a referendum; in other words, it passes a bill, then sends it to the voters for their approval or disapproval. Otherwise, a referendum operates similarly to the initiatives; voters’ signatures are gathered to begin the process. The numbers of signatures are based off the number of people who voted for governor in the last election (in other words, the active voter pool.)

For a referendum blocking a law, 5% of the number of voters for governor is required to begin the process. For an initiative making a statute, 10% of the number of voters for governor is required to propose a bill. For a constitutional amendment by initiative, 15% of the number of voters for governor is required to propose it. In any case, if a simple majority of voters voting on the issue approve of it (other than tax increases requiring a three-fifths vote), it is implemented or ratified, and the governor cannot veto this decision.

In 1998, the so-called Voter Protection Act amended Article IV of the Arizona Constitution to make it effectively impossible for legislatures to modify laws passed by citizen initiative. (Legislators were banned from repealing the initiative, and only supermajorities of legislatures—3/4—could amend them, but even then, only if the amendments were in keeping with the purpose of the initiative.) This had the effect of placing citizen initiatives as no longer as equal to but superior to legislation passed by the legislature, which future legislatures can repeal or modify—in other words, closer to constitutional amendments than bills.

In 2004, voters modified the initiative process to hold that any spending required by an initiative must also include its own funding source, a process described in Article IX, Section 23. (In other words, voters could not demand some amount of money be spent on an issue, and then leave the legislature to do it; the initiative had to raise its own revenue.) This only applied to future initiatives, however, not preexisting spending approved by the voters. In 2022, they added a supermajority requirement of three-fifths approval for initiatives requiring a tax increase, akin to the requirement that the legislature could not raise taxes without a vote of two-thirds of the members of each house.

When it was created, the system had supporters who favored more direct democracy and critics who thought a more republican system of indirect democracy was preferable. Progressive reformers argued it was a way to bypass legislatures, especially legislatures dominated by corporate special interests; today, some argue that initiatives have themselves been coopted by special interests. Similarly, defenders argue it is a way for voters to get the policy they want; critics suggest that it would be better for voters to select broadly like-minded legislators to then craft and fine-tune the detailed policy that necessarily results.

Classroom Activity

Introduction

The process of making a federal law is well known; the process of making a law in Arizona is easier and more complicated. In this exercise, students will draw a flow chart explaining how a law can be created—or blocked—in Arizona.

Required Materials

Arizona Constitution

How a Bill Becomes a Law (Federal) (optional)

Blank paper or poster board

Materials to create posters (poster board, colored pencils, markers, etc.).

Instructions

1. Divide the class into groups of 3-4.

2. Provide each group/pair with a copy of the Arizona Constitution and any art supplies (paper, poster board, colored markers, etc.).

3. Explain to them that they are drawing a flow chart of how laws can be made—or blocked—in Arizona, as found in Articles IV, V, and Article IX, Section 23. (Tell the students to ignore the amendment process; it will be covered later.) If you want to simplify it, you can direct their attention to the relevant parts from Articles IV and V: Article IV Part 1, Part 2.12, Art V.7.

4. Give the groups/pairs time to discuss and then draw the flow chart, 1520 minutes.

a. Circulate and talk briefly with each group.

5. At the end of the activity, have the students present their charts, and facilitate a discussion on the lawmaking process in Arizona. Questions you might ask include

What are some advantages of citizen initiatives? What are some disadvantages?
What are some advantages of referenda? What are some disadvantages?
Initiative lawmaking was controversial at the time of the state’s Founding; New Mexico adopted just a referendum, whereas Arizona adopted both referenda and initiatives. If you were writing one of these constitutions, which would you include?
Two recent amendments to the initiative process have been made. One held that except in very limited circumstances, legislators should not be able to modify not just amendments but also laws passed by citizens. Can you think of any advantages or disadvantages, or costs or benefits? Is this a good idea?
The other amendment held that citizen initiatives that spent money had to provide their own funding source. Can you think of any advantages or disadvantages, or costs or benefits? Is this a good idea?

1. In what ways, besides the legislature, can laws be created in Arizona, and what mechanisms exist for citizens to block laws passed by the legislature?

2. Considering the differences in the processes established between Arizona and New Mexico regarding the power of citizens, how might you assess the effectiveness of Arizona's approach to allowing citizens to both block and create laws? Suppose you were tasked with writing the Arizona Constitution. Would you choose to enable citizens to block laws by referendum, create laws through initiatives, implement both processes, or opt for neither? What factors would influence your decision?

Middle Grade Background and Vocabulary List

Arizona's state government is similar to the U.S. government because it has two parts: the Senate and the House of Representatives. Arizona is divided into 30 districts, and each district elects one senator and two representatives. So, there are 30 senators and 60 representatives in total. These lawmakers are responsible for creating the state’s laws, and they serve two-year terms.

Before a law can take effect in Arizona, it has to be approved by both the Senate and the House of Representatives. Once both houses agree, the governor has to sign it for it to become law.

Arizona's Constitution gives citizens more power than just voting for officials. People can create their own laws, suggest changes to the Constitution, or block laws made by the state legislature. This process is called direct democracy. Citizens can collect signatures to propose a new law (initiative) or block a law passed by the legislature (referendum). The idea is to allow the people to have a bigger voice in the laws that govern them.

Arizona is one of many states with this system, but it has some unique features. For example, if citizens want to propose a law, they need to collect signatures from 10% of the voters from the last governor's election. For a referendum to block a law, they need 5%, and for a constitutional amendment, they need 15%. If a majority of voters agree, the initiative becomes law, and the governor cannot veto it. Similarly, if a majority of voters object to a law in a referendum, it is blocked.

In 1998, Arizona passed a rule making it very hard for lawmakers to change or undo laws passed by the people through initiatives. This rule made citizenproposed laws more powerful than those made by the legislature.

This system has supporters and critics. Some say it gives people more control, while others believe that letting representatives carefully craft laws leads to better result.

1. Senate – A group of people who help make laws for a state or country.

2. House of Representatives – Another group of people who work with the Senate to create laws.

3. District – An area or part of the state that elects its own representatives.

4. Senator – A person elected to help make laws in the Senate.

5. Representative – A person elected to help make laws in the House of Representatives.

6. Governor – The leader of a state, who signs new laws to make them go into effect, and then enforces those laws.

7. Law – A rule that people in a state or country must follow.

8. Approve – To agree with something or say it is okay.

9. Initiative – A process where people can suggest new laws by gathering signatures.

10. Referendum – A process where people can try to stop a law by gathering signatures.

11. Signatures – Names written by people to show they agree with an idea or request.

12. Official – Something that is final and accepted, like a new law.

13. Voter – A person who has the right to choose leaders or vote on laws.

14. Citizen – A person who lives in a certain place, like a state or country.

15. Government – A group of people who make the laws and rules for everyone to follow.

Elementary Background and Vocabulary List

Arizona’s government, like the U.S. government, has two parts: the Senate and the House of Representatives. Arizona is divided into 30 areas called districts, and each district chooses one senator and two representatives to help make laws. These lawmakers work together to create the rules for the state.

Before a law can become official in Arizona, it has to be approved by both the Senate and the House of Representatives. After that, the governor has to agree and sign the law for it to take effect.

In Arizona, people don’t just vote for leaders; they can also help make laws themselves! If enough people in Arizona want a new law, they can gather signatures to get it started. This process is called an “initiative.” If people don’t like a law that the government passed, they can try to stop it by getting signatures for something called a “referendum.” This gives Arizona citizens a lot of power to shape the laws they live by.

Some people like this system because it lets voters have more control over the rules, while others think it’s better for lawmakers to carefully make decisions.

Vocabulary list for elementary students based on the text: