Arizona Government Lesson 2: Arizona Declaration of Rights
Question 2: Which of the following is not a right guaranteed by the Arizona Declaration of Rights?
- Not to be disturbed in one’s private affairs, or to have one’s home invaded, without authority of law.
- Trial by jury, with unanimous conviction in criminal cases.
- To bear arms in defense of the individual or the state.
- All of these are rights guaranteed by the Arizona Declaration of Rights.
Background
Some state declarations of rights predate not just the US Constitution, but even the Declaration of Independence; for example, the Declaration of Rights of Virginia written by George Mason in 1776 was an inspiration for the Declaration of Independence.
Most state constitutions at the time of the Founding incorporated declarations or bills of rights. This was important because states, by virtue of having general legislative authority, instead of just the limited enumerated jurisdiction of the Articles of Confederation and US Constitution, could interfere much more with citizens’ liberty.
Citizens, used to having bills of rights, nonetheless demanded one also be created for the federal government; the Fourteenth Amendment later applied that set of rights to all the states as well, on top of their preexisting state declarations of rights. Now, there was a second check on state governments.
In drafting the Arizona Declaration of Rights in 1910, the states’ framers considered several different sources, reflecting the borrowing common to state constitutionalism. In the end, they largely adopted much of the language from the Washington Declaration of Rights, adopted two decades before—though it is worth noting that even much of that language came from elsewhere. For example, Section 1 of the Arizona DeclarationA frequent recurrence of fundamental principles is essential to the security of individual rights and the perpetuity of free government is lifted from Article I, Section 32 of the Washington Constitution, which itself largely comes from George Mason’s 1776 Virginia Declaration of Rights.
While other parts of the Constitution have been changed repeatedly, the Arizona Declaration of Rights has been more stable, with a little over a dozen amendments, mostly additions, made since 1912.
Classroom Activity
Introduction
This activity is designed to help students explore the Arizona Declaration of Rights and understand how it protects their rights at the state and local levels. Through comparison with the U.S. Bill of Rights, students will gain insight into the similarities and differences in these foundational documents. (This lesson can be used with the original versions or the most current)
Preparation
- Divide students into groups of 3-4, ensuring a mix of support, core, and enrichment levels.
- Alternatively, students can work in pairs, each working with a different document.
- Provide each group or individual with a copy of the Arizona Declaration of Rights (Article II) from SCETL’s Arizona Essential Pocket Constitutions or the ASU Civics Website.
- You may also want to supply a copy of the U.S. Constitution for reference.
- Familiarize yourself with the Annotated Arizona Declaration of Rights to assist with potential student questions.
Instructions
1. Form Groups: Divide the class into groups of 3-4, depending on class size.
2. Distribute Materials: Provide each group or pair with copies of the Arizona Declaration of Rights (Article II) and the U.S. Constitution.
3. Activity:
- Distribute the AZ/US Handout.
- Give students 20 minutes to review the Arizona and U.S. Constitutions, identifying rights appearing in both documents.
- As you circulate, engage briefly with each group. If they’re struggling, ask questions to prompt deeper thinking and discussion.
4. Class Discussion:
- Facilitate a class discussion based on students’ findings. Encourage them to lead with their observations and questions.
- Use the following guiding questions:
- What rights did you find that are similar between the two documents? What does this suggest about the values held by Americans and Arizonans?
- Were there rights present in one document but not the other? Why do you think this difference is significant?
Middle Grades:
Some state declarations of rights were written even before the U.S. Constitution and the Declaration of Independence. For example, the Virginia Declaration of Rights, written by George Mason in 1776, inspired the Declaration of Independence.
Most state constitutions around the time the United States was founded included their own declarations or bills of rights. This was important because state governments had a lot more power over people’s daily lives than the federal government did. To protect their freedoms, people wanted rights listed at both the state and national levels.
The U.S. Bill of Rights was created, and later, the Fourteenth Amendment made sure that those federal rights also applied to the states, creating another layer of protection for citizens.
When Arizona wrote its Declaration of Rights in 1910, the state’s leaders used ideas from other states’ constitutions. They mainly used the Washington Declaration of Rights, which had been written about 20 years earlier. But even the Washington Declaration had borrowed language from George Mason’s Virginia Declaration of Rights. For example, Section 1 of Arizona’s Declaration says, “A frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.” This idea originally came from Virginia’s 1776 Declaration.
Unlike other parts of the Arizona Constitution that have been changed many times, the Arizona Declaration of Rights has stayed mostly the same, with only a few amendments since 1912.
Elementary School:
Some states wrote their own declarations of rights before the U.S. Constitution and the Declaration of Independence. For example, Virginia’s Declaration of Rights, written in 1776 by George Mason, helped inspire the Declaration of Independence.
Back then, most states made their own lists of rights to protect people’s freedoms because state governments had and still have a lot of power. People wanted both the state and national governments to protect their rights.
When Arizona wrote its Declaration of Rights in 1910, they used ideas from other states. They mostly copied the Washington Declaration of Rights, which had borrowed ideas from Virginia’s Declaration. Arizona’s first section, for example, comes from Virginia’s original words.
Unlike other parts of Arizona’s Constitution, the Declaration of Rights hasn’t changed much since 1912.