Arizona Government Lesson 3: Arizona Declaration of Rights, Comparative
Question 3: Which of the following is not true of state constitutions?
- They usually reflect the time when they were written and the place where they were written.
- They often incorporate or influence materials from other state constitutions.
- They usually do not include a Declaration or Bill of Rights.
- They protect additional rights not found in the US Constitution.
Background
State constitutions reflect both the times and the places in which they were drafted, as well as the broader tradition of American state constitutionalism. Arizona’s was no different. Like other state constitutions, it both structures and limits the state’s government, and like all of them, it establishes a republican form of government. Unlike the United States Constitution, which tends to have mostly negative rights—things the government is banned from doing—most state constitutions also create “positive rights,” guaranteeing that it will provide particular services, such as education.
Some states, like Arizona, have had a single constitution; others have had several, replacing them after constitutional conventions. Some have heavily amended their documents; others have strikingly stable constitutions that are difficult to amend. Some are short constitutions; others are long. Unsurprising, as the youngest of the contiguous states, Arizona has had few constitutions: one. Our constitution is among the longer constitutions and most heavily changed from the state’s Founding, which is to be expected considering its ease of amendment.
Early state constitutions continued to shape later states, both as examples to follow, and not to follow. For example, George Mason’s Virginia Declaration of Rights in 1776 inspired Jefferson’s Declaration of Independence. But it also made a strong influence in many state constitutions: unlike the US Constitution itself, which is relatively thin on political theory, many state constitutions—like Arizona’s—include statements of purpose. The Massachusetts Constitution of 1780, largely written by John Adams, has some sections that have fallen out of favor in later constitutions, but others borrowed parts of it almost exactly. For example, Adams, who saw the violation of civil liberties and abuse of general search warrants during the Revolution, was inspired by James Otis to write a search and seizure provision that models both the federal and most state constitutions today. Indeed, the Massachusetts Constitution is sometimes considered the oldest still functioning constitution.
Some constitutions served as roads not traveled: Pennsylvania’s Constitution of 1776 was extremely democratic, with minimal separation of powers and constant elections to ensure close control by the people. It was quickly copied by Georgia and Vermont, but most of the Founders decided it had leaned too far toward direct democracy rather than the protection of liberty and considered checking it one of the benefits of a new US Constitution. Pennsylvanians rewrote their own constitution to imitate the new federal constitution they had just approved; Georgia and Vermont followed later.
Influenced by progressive critiques that the Founders had erred in making the American system of government too complicated and slow, Arizonans experimented with many elements of direct democracy, ensuring that the system was exceptionally responsive to voters in several ways. In doing so, they often resurrected ideas first deployed in the wake of the American Revolution, but which many of the Founders explicitly turned against in writing the US Constitution.
Arizona’s Founders established a system in which all elected legislative and executive offices initially had brief two-year terms—not quite the annual elections of some early state constitutions (like Pennsylvania’s 1776 text), but not far from it, either. Legislative seats, including in the state senate, still have two-year terms, but voters approved extending executive officials’ terms to last four years in 1968. Term limits —the maximum number of terms or consecutive terms officeholders could serve—were used not only in the Articles of Confederation but also in the more directly democratic states at the time of the Founding. (Limits on terms were then called “rotation in office.”) Perhaps surprisingly, the original Arizona Constitution did not include term limits, but voters added them in 1992. This capped the consecutive terms at four for legislators and two for executive officers, meaning one could only serve in an office for eight consecutive years.
The constitutional convention briefly considered unicameralism (having only one legislative house, which makes passing laws much easier, again, as demonstrated in the 1776 Pennsylvania Constitution). The Arizona state senate actually voted, in 1912, to dissolve itself by amending the state constitution. (The state house laughed the proposal out of their chamber.) Proponents of more direct democracy made another attempt at unicameralism in 1916, but voters rejected that initiative amendment by almost two to one.
Arizona’s constitution borrowed from other constitutions—most prominently, its Declaration of Rights is heavily influenced by the Washington Constitution—but also was tailored to the distinct circumstances of Arizona. Indeed, even though New Mexico was writing its constitution almost simultaneously—the two states kept track of developments in the other—their constitutions ended up quite different. New Mexico’s was conservative, constitutionally speaking: it was very much like standard constitutions that were more difficult to amend, it used variations of rights found in mainstream constitutions, and it largely avoided direct democracy, even in an era when much of the West favored it. By contrast, Arizona’s constitution was regarded as incredibly radical—spoken of in many of the same tones as had been used to describe the well-known and controversial Pennsylvania 1776 Constitution.
Introduction
For this exercise, students will learn about features of Arizona’s Constitution by comparing and contrasting them with other Declarations or Bills of Rights, including historical or present state constitutions or the US Constitution.
US Constitution/AZ Constitution Comparison Lesson (Current Versions)
US Constitution/AZ Constitution- Original Versions
Preparation for State Constitution Comparison
- Divide students into groups of 3-4, mixing support, core, and enrichment students.
- Provide each group with a copy of the Arizona Constitution that includes Article II (the Arizona Declaration of Rights), Article III (Separation of Powers) and Article XVII (water rights)
- Provide each student with a copy of the Comparative State Constitutions Reading Guide
- Provide each group with the Annotated Arizona Declaration of Rights (optional).
- Provide each group with one or more of the following constitutional excerpts:
- Virginia (1776)
- Pennsylvania (1776)
- Massachusetts (1780)
- New Mexico (1911)
Instructions
1. Divide the class into groups of 3-4.
2. Provide each group/pair with a copy of the Arizona Constitution and one (or, depending on the level of the class, more than one) of the other state constitutions above or with the US Constitution’s Bill of Rights
3. Students should answer the questions in the Comparative State Constitutions Reading Guide
4. Provide the groups/pairs with time to annotate and discuss, 15-20 minutes, depending on the class and the amount of content to annotate.
5. At the end of the activity, facilitate a class discussion. You might have the students report on their findings—differences they saw between their assigned constitution and Arizona’s—and use the optional questions to further conversation.
1. What standard features are found in state constitutions, and what factors might contribute to their inclusion?
2. In what ways does the US Constitution differ from state constitutions, and what are your thoughts on the necessity of having both? Would it be more advantageous to rely solely on the US Constitution? Why or why not?
Middle Grades:
State constitutions reflect the times and places where they were created, as well as a long tradition of state government. Arizona’s constitution is no different. Like other state constitutions, it creates rules and limits for the state’s government and promises a republican form of government. However, unlike the U.S. Constitution, which mostly tells the government what it cannot do, many state constitutions, including Arizona’s, also say what the government must do, like provide education.
Some states, like Arizona, have only had one constitution, while others have had several. Some constitutions change a lot, while others stay mostly the same. Arizona’s constitution is longer than most, and it has been changed many times since it was created because it’s easy to amend.
Many early state constitutions influenced later states. For example, George Mason’s Virginia Declaration of Rights (1776) inspired Jefferson’s Declaration of Independence. It also impacted later state constitutions, including Arizona’s, which contains statements about the purpose of government. The Massachusetts Constitution of 1780, written by John Adams, also influenced other states. Adams included rules about protecting people’s rights, like search and seizure protections, which are now part of both the U.S. and state constitutions.
Some constitutions were seen as too extreme. Pennsylvania’s 1776 constitution, which was very democratic and allowed people to directly control the government, was copied by states like Georgia and Vermont. However, many Founders thought this system gave too much power to the people, so they made the U.S. Constitution to have more balance. Pennsylvania later rewrote its own constitution to be more like the federal government’s, and Georgia and Vermont did the same.
When Arizona wrote its constitution, it was influenced by progressive ideas that the government should be more direct and responsive to voters. They gave all elected officials two-year terms at first. Although some terms have been extended, legislative terms are still two years, and voters added term limits in 1992. Term limits, which were common in early state constitutions, mean that someone can only serve for a certain number of terms in a row.
Arizona’s founders briefly considered having just one legislative house (called unicameralism), like Pennsylvania’s 1776 constitution, which made passing laws easier. Although the idea was brought up again in 1916, voters rejected it. Arizona’s constitution was influenced by other states, especially Washington’s, but it was also written to reflect Arizona’s unique needs. Interestingly, even though Arizona and New Mexico wrote their constitutions at the same time, they ended up being very different. New Mexico’s was more traditional and harder to change, while Arizona’s was seen as more radical and focused on direct democracy.
Elementary:
State constitutions are rules for how state governments work, and they are written to fit the time and place they were created. Arizona’s constitution, like others, sets up the government and limits what it can do. Unlike the U.S. Constitution, which mostly says what the government cannot do, state constitutions, like Arizona’s, often promise services like education.
Some states have had many constitutions, but Arizona has only had one, written in 1910. Arizona’s constitution is long and has been changed often because it’s easy to amend.
Early state constitutions influenced later ones. For example, Virginia’s 1776 Declaration of Rights helped inspire the Declaration of Independence and influenced other state constitutions. The Massachusetts Constitution of 1780 also shaped later state rules, such as about protecting rights like preventing unfair searches.
Arizona’s constitution was influenced by progressive ideas, meaning it aimed to make the government more responsive to voters. At first, all elected officials had two-year terms. While some terms are now four years, voters later added term limits, so people can only serve for a certain number of terms in a row.
Arizona’s constitution borrowed from other states, but it was written to fit Arizona’s needs. Even though Arizona and New Mexico wrote their constitutions around the same time, Arizona’s was considered more focused on direct democracy, giving people more power to control the government.
Key Vocab:
Here’s a vocabulary list for elementary school readers based on the text:
1. Constitution – A set of rules that explains how a government works and what it can and cannot do.
2. Government – The group of people who make laws and decisions for a country or state.
3. Amend – To change or add something to a document, like a constitution.
4. Rights – The freedoms and protections that people have.
5. Democracy – A system of government where people have the power to make decisions by voting.
6. Term – The length of time a person can serve in an elected office.
7. Limit – A rule that controls or reduces what can be done.
8. Direct Democracy – A system where the people can vote directly on laws and decisions.
9. Election – The process of choosing someone to be in government by voting.
10. Progressive – A political philosophy more open to efforts to change institutions, laws, and ideas.
11. Conservative: a political philosophy that is more cautious about efforts to change institutions, laws, and ideas.
12. Radical – Very different from what is usual or traditional.
13. Search and seizure – Rules about when the government can search someone’s property and take things as evidence.
14. Unicameral – A government with one group (or house) of lawmakers instead of two.
15. Voters – People who have the right to vote in elections.
16. Influence – To affect or change how something is done or decided.