Arizona Government and History Lessons

Arizona Government Lesson 1: Differences between the US and AZ Constitutions

Exercise: Scavenger hunt on differences between the US and Arizona Constitutions

Primary Sources Utilized:

US Constitution; Arizona Constitution

Question 1: Which is not a difference between the US Constitution and the Arizona Constitution?

• In the US government, the president appoints cabinet members; in the Arizona government, most other executive branch officials are separately elected by voters.

• In the US government, bills are proposed only by the legislature, whereas in Arizona, they can also be proposed by citizens.

• In the US government, Congress can pass any bill it wants unless otherwise banned by the Constitution. Still, in Arizona, the legislature can only pass bills on specific topics the state constitution allows.

• In the US government, amendments to the Constitution require supermajorities to ratify; in Arizona, a simple majority of statewide voters can ratify most amendments.

Background

Arizona, like all states, is governed by two constitutions: the US Constitution establishes the broad contours in which the states can operate; the Arizona Constitution establishes, structures, and limits the state government. 

Because the state’s governing authority is far more expansive than the federal government's enumerated powers, state constitutions are usually longer, often much longer, than the federal constitution. This is doubly true of more democratic constitutions, such as Arizona’s, which incorporates direct democratic features like an initiative and referendum.

The initiative is the process by which citizens can directly propose and pass legislation (or constitutional amendments); the referendum is the process by which citizens can, in effect, directly veto legislation passed by the legislature. These are the most prominent, but by no means only, ways in which the Arizona Constitution creates much more direct citizen participation in government compared to the US Constitution. Citizens can also recall elected officials in the Arizona government for any reason, whereas, in the federal government, impeachment (or expulsion) by Congress is the only method to remove presidents or members of Congress before the end of their terms. Another prominent way in which the two have much different views of direct democracy is the amendment process. The US Constitution requires any ratification to have supermajority support distributed geographically across most of the states to require a more substantial consensus; a simple majority of the voters can generally change the Arizona Constitution to reflect the will of the majority more directly in the state’s constitution. (Amendments raising taxes require the support of three-fifths of those voting, rather than a majority, echoing the requirement that only a supermajority of two-thirds of the legislature can raise taxes.)

In his essay “Popular Constitutionalism in State and Nation,” political scientist Alan Tarr has argued that federalism and state constitutions allow Americans to enjoy the benefits of both a shared, limited, and hard-to-amend federal Constitution, changeable only with a clear and cross-regional consensus, and the responsiveness and flexibility of state constitutions, which can more tightly approximate local values.

There are other significant differences, too. 

For one, the federal constitution creates a single executive who, in turn, appoints heads of departments. In contrast, Arizonans separately elect several of the most critical executive branch officeholders (other than the lieutenant governor, who is elected on a joint ticket with the governor).

The Arizona constitution does not list out the powers of the state government. By the Tenth Amendment of the US Constitution, Arizona’s government is assumed to have the power to act unless otherwise restrained, either by the US Constitution or its own state constitution. The federal government can only exercise those specific powers given to it by the people through the US Constitution. So, the Arizona Constitution is much longer because citizens must be more specific in restricting the state government and its processes. Another difference is that the Arizona Constitution, since it does not need to grant powers, instead often mandates specific policies or obligations of the state government. 

Following the diversity allowed by the states under the Tenth Amendment, the Arizona Constitution has several features that result from the state's specific needs. One clear example is that the scarcity of water in the desert means the Arizona Constitution has a section explicitly rejecting the kinds of water rights that exist in the wetter eastern United States, rights that were themselves drawn from England’s legal traditions. 

Activity

Introduction: 

The Arizona Constitution resembles the US Constitution in several ways, but it also is quite different in others. This exercise has students look to analogous sections of the two constitutions, focusing on the most important differences between the two. There are two documents provided: a worksheet (with two versions) and an answer key showing where students should look at the various Articles and Sections of the respective constitutions. Depending on the grade level and preparedness of the students, an instructor might want to provide the worksheet version that gives the students some guidance on where to look (Version A); the other version (B), for more advanced students.

Preparation 

• Divide students into groups of 4-5, mixing support, core, and enrichment students. 
• Provide a copy of the ​Constitution of the United States​ and the Arizona Constitution (abridged)
• “An Introduction to Federalism and the Arizona Constitution” (note: this is also found in the Arizona pocket Constitution.)
• Print a copy of the scavenger hunt worksheet​ for each group/student.
•  Print a copy of the scavenger hunt answer key for yourself.  

Teacher Instructions

1. Divide the class into groups of 3-4 based on the students’ individual levels. Group A is the group that needs some extra support. Group B is the core group that has the core knowledge to complete the activity. Group C is the enrichment group who have mastered the material and are prepared to extend their knowledge. Each group should have at least one student from Group A, one from Group B, and one from Group C.  
   1. Depending on the class, you may wish to have the students work independently.  
2. Provide each student with the Introduction to Federalism and the Arizona State Constitution and allow them time to read it. (Alternatively, provide this as reading the night before.)
3. Provide each student or group with the two Constitutions and the worksheet
4. Each group will read the excerpts from the two Constitutions and look for the answers to the specific questions in both the introduction and text of the constitutions.
5. Circulate throughout the room as the students complete the worksheets to check for understanding. 
6. Once everyone is finished, have the students describe the differences they identified in the two constitutions. You might use these as a springboard for discussion, though many of these are highlighted in subsequent exercises and will be debated at more length later.

Discussion Prompt 1: The US constitution establishes the federal government and establishes certain limits on state governments. What document creates Arizona’s state government? Can you name any differences in how it operates and how the US government operates?

Discussion Prompt 2: The basic difference between the US and Arizona constitutions is that the former privileges liberty, and the latter privileges direct responsiveness to the people--democracy. (Please note that both include elements of liberty and responsiveness.) Should both of them privilege liberty? Should both privilege democracy? Or do you think the system now is the right idea, with the federal privileging liberty and Arizona privileging democracy? Why? Use current or past events in your answer.

Background (800L) Appropriate for Middle Grades

Arizona, like every state, has two important documents that govern it: the US Constitution and the Arizona Constitution. The US Constitution sets the basic rules for all states, while the Arizona Constitution details how the state government works and what it can and cannot do.

State constitutions, like Arizona’s, are often longer than the US Constitution because they cover more details about how the state runs. Arizona’s constitution includes ways for people to have more direct involvement in government. For example, people in Arizona can propose new laws or changes to the constitution through an initiative. They can also vote to reject laws passed by the legislature through a referendum. Additionally, Arizona allows citizens to recall elected officials from office, unlike the federal government, where removing officials is more complicated.

The process for changing the constitution is also different. The US Constitution needs a large agreement from many states to be amended, while the Arizona Constitution can usually be changed by a simple majority of voters. However, raising taxes in Arizona needs more than a simple majority.

Political scientist Alan Tarr notes that having both a more stable federal Constitution and flexible state constitutions helps Americans balance broad rules with local needs.

Another difference is that while the federal government has a single leader of the executive branch who appoints department heads, Arizona voters elect several key officials separately, except for the lieutenant governor, who runs with the governor.

The Arizona Constitution does not list all the powers of the state government. Instead, it assumes that the state can act unless restricted by the US Constitution or its own state constitution. This means Arizona’s Constitution is more detailed in limiting what the state can do and in setting specific policies.

For example, because Arizona is a desert with limited water, its constitution includes rules about water rights that are different from those in wetter regions of the country.

Middle Grade Discussion Prompts:

Discussion Prompt 1

The US Constitution sets up the federal government and limits what states can do. What document creates the state government for Arizona? Can you name any differences in how it works compared to the US government?

The Arizona Constitution creates and organizes Arizona’s state government. Unlike the US Constitution, which gives the basic rules for the federal government and limits what states can do, the Arizona Constitution includes more detailed rules about how Arizona’s government should work.

Here are some differences between how Arizona’s government works compared to the US government:

1.   Direct Involvement:   In Arizona, people can vote directly on new laws or changes through something called initiatives. They can also vote to reject laws they don’t like through referendums. At the federal level, this kind of direct voting isn’t allowed.

2.   Removing Officials:   Arizona lets people vote to remove elected officials from office through a recall election. At the federal level, removing leaders like the President or Congress members is much more complicated and involves impeachment or explusion.

3.   Changing the Constitution:   It’s easier to change the Arizona Constitution with just a majority vote from the people. Changing the US Constitution is much harder and needs agreement from majoriities of both Congress and many states.

4.   Water Rules:   Because Arizona is very dry, its constitution has special rules about water rights. Other states, especially those with more water, have different rules.

Discussion Prompt 2

 The US Constitution mainly focuses on protecting individual freedoms, while the Arizona Constitution focuses on letting people have more direct say in their government. Should both focus on protecting freedoms? Should both focus on giving people a direct say? Or is it better for the US to focus on freedoms and Arizona to focus on direct democracy? Why? Use examples from current or past events in your answer.

The current system, where the US Constitution emphasizes protecting freedoms and the Arizona Constitution focuses on letting people directly influence their government, has its pros and cons. Here’s a look at both sides:

1.   Protecting Freedoms:   The US Constitution protects individual rights, like free speech and religious freedom. This helps ensure that people’s basic rights are not taken away. For example, the US Constitution has helped protect civil rights over time.

2.   Direct Say:   The Arizona Constitution’s focus on letting people vote on new laws or changes is good for making sure that local issues are addressed quickly. For example, in Arizona, people have been able to vote directly on issues like school funding and healthcare.

  Should both protect freedoms or allow direct say?  

Protecting Freedoms: The US and state constitutions should protect individual rights because these freedoms are important for everyone.

Direct Say: While direct voting works well for state issues, it might be too complicated for national issues due to the country's size and diversity. The federal system uses elected representatives to manage these larger issues more effectively.

  Example from Current Events:  

Look at healthcare policy. In Arizona, people have used direct voting to change healthcare laws. This shows direct democracy in action. On the other hand, healthcare is very complex at the national level, and it works better with a system that involves representatives making decisions.

In summary, the current system, in which the US Constitution focuses on protecting freedoms and the Arizona Constitution emphasizes direct democracy, seems to effectively balance individual rights with local needs.

Background (500L) Appropriate for 3^rd Grade

Arizona, like all states, has two important documents: the US Constitution and the Arizona Constitution. The US Constitution gives the basic rules for all the states, while the Arizona Constitution tells how the state’s government works and what it can do.

The Arizona Constitution is longer than the US Constitution because it includes more details. In Arizona, people can help decide on new laws or changes to the constitution by voting directly. They can also vote to reject new laws if they don’t like them. Arizona makes it easier for the people to remove elected officials if the citizens are unhappy with them

Changing the US Constitution is very difficult because it needs a lot of agreement from many states. But in Arizona, it’s easier to make changes if most people vote for it. However, to raise taxes, Arizona needs more votes.

In Arizona, people separately elect the leaders of the different departments, while the federal government's departments work for the president.

The Arizona Constitution doesn’t list all the powers of the state government. It just assumes that the state can do things unless the US Constitution or the Arizona Constitution says otherwise. That’s why the Arizona Constitution has more rules to limit what the state can do and to set specific policies.

For example, because Arizona is a dry state with little water, its constitution has special rules about water rights that are different from wetter states.