Article 2, Arizona Constitution

Arizona Constitution
Preamble
Articles
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Article II of the Arizona Constitution is entitled Declaration of Rights and contains sections 1-37, including section 2.1, which describe the rights of both the citizens and state of Arizona.

Section 1

	Text of Section 1: Fundamental Principles; Recurrence to “ A frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government. ”

Section 2

	Text of Section 2: Political Power; Purpose of Government “ All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights. ”

Section 2.1

Text of Section 2.1: Victims' Bill of Rights “ (A) To preserve and protect victims' rights to justice and due process, a victim of crime has a right: 1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process. 2. To be informed, upon request, when the accused or convicted person is released from custody or has escaped. 3. To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present. 4. To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing. 5. To refuse an interview, deposition, or other discovery request by the defendant, the defendant's attorney, or other person acting on behalf of the defendant. 6. To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition. 7. To read pre-sentence reports relating to the crime against the victim when they are available to the defendant. 8. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury. 9. To be heard at any proceeding when any post-conviction release from confinement is being considered. 10. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence. 11. To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights. 12. To be informed of victims' constitutional rights. (B) A victim's exercise of any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence. (C) "Victim" means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused. (D) The legislature, or the people by initiative or referendum, have the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings. (E) The enumeration in the constitution of certain rights for victims shall not be construed to deny or disparage others granted by the legislature or retained by victims. ”

Amendment

Ratified in November 1990 via voter approval of Proposition 104.

Section 3

Text of Section 3: Supreme Law of the Land Supreme law of the land; authority to exercise sovereign authority against federal action; use of government personnel and financial resources. A. The Constitution of the United States is the supreme law of the land to which all government, state and federal, is subject. B. To protect the people's freedom and to preserve the checks and balances of the United States Constitution, this state may exercise its sovereign authority to restrict the actions of its personnel and the use of its financial resources to purposes that are consistent with the constitution by doing any of the following: 1. Passing an initiative or referendum pursuant to Article IV, Part 1, Section 1. 2. Passing a bil pursuant to Article IV, Part 2 and Article V, Section 7. 3. Pursuing any other available legal remedy. C. If the people or their representatives exercise their authority pursuant to this section, this state and all political subdivisions of this state are prohibited from using any personnel or financial resources to enforce, administer or cooperate with the designated federal action or program.

Amendments

• Amended by the approval of Arizona Rejection of Unconstitutional Federal Actions Amendment, Proposition 122 (2014) on November 4, 2014.

Section 4

	Text of Section 4: Due Process of Law “ No person shall be deprived of life, liberty, or property without due process of law. ”

Section 5

	Text of Section 5: Right of Petition and of Assembly “ The right of petition, and of the people peaceably to assemble for the common good, shall never be abridged. ”

Section 6

	Text of Section 6: Freedom of Speech and Press “ Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right. ”

Section 7

	Text of Section 7: Oaths and Affirmations “ The mode of administering an oath, or affirmation, shall be such as shall be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered. ”

Section 8

	Text of Section 8: Right to Privacy “ No person shall be disturbed in his private affairs, or his home invaded, without authority of law. ”

Section 8.1

Text of Section 8.1: Fundamental right to abortion; definitions “ A. Every individual has a fundamental right to abortion, and the state shall not enact, adopt or enforce any law, regulation, policy or practice that does any of the following: 1. Denies, restricts or interferes with that right before fetal viability unless justified by a compelling state interest that is achieved by the least restrictive means. 2. Denies, restricts or interferes with an abortion after fetal viability that, in the good faith judgment of a treating health care professional, is necessary to protect the life or physical or mental health of the pregnant individual. 3. Penalizes any individual or entity for aiding or assisting a pregnant individual in exercising the individual’s right to abortion as provided in this section. B. For the purposes of this section: 1. “Compelling state interest” means a law, regulation, policy or practice that meets both of the following: (a) Is enacted or adopted for the limited purpose of improving or maintaining the health of an individual seeking abortion care, consistent with accepted clinical standards of practice and evidence-based medicine. (b) Does not infringe on that individual’s autonomous decision making. 2. “Fetal viability” means the point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures. 3. “State” means this state, any agency of this state or any political subdivision of this state. ”

Section 9

	Text of Section 9: Irrevocable Grants of Privileges, Franchises or Immunities “ No law granting irrevocably any privilege, franchise, or immunity shall be enacted. ”

Section 10

	Text of Section 10: Self-Incrimination; Double Jeopardy “ No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense. ”

Section 11

	Text of Section 11: Administration of Justice “ Justice in all cases shall be administered openly, and without unnecessary delay. ”

Section 12

Text of Section 12: Liberty of Conscience; Appropriations for Religious Purposes Prohibited; Religious Freedom “ The liberty of conscience secured by the provisions of this constitution shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or to the support of any religious establishment. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion, nor be questioned touching his religious belief in any court of justice to affect the weight of his testimony. ”

Section 13

	Text of Section 13: Equal Privileges and Immunities “ No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations. ”

Section 14

	Text of Section 14: Habeas Corpus “ The privilege of the writ of habeas corpus shall not be suspended by the authorities of the state. ”

Section 15

	Text of Section 15: Excessive Bail; Cruel and Unusual Punishment “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. ”

Section 16

	Text of Section 16: Corruption of Blood; Forfeiture of Estate “ No conviction shall work corruption of blood, or forfeiture of estate. ”

Section 17

Text of Section 17: Eminent Domain; Just Compensation for Private Property Taken; Public Use as Judicial Question “ Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches, on or across the lands of others for mining, agricultural, domestic, or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having first been made, paid into court for the owner, secured by bond as may be fixed by the court, or paid into the state treasury for the owner on such terms and conditions as the legislature may provide, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefore be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public. ”

Section 18

	Text of Section 18: Imprisonment for Debt “ There shall be no imprisonment for debt, except in cases of fraud. ”

Section 19

Text of Section 19: Bribery or Illegal Rebating; Witnesses; Self-Incrimination No Defense “ Any person having knowledge or possession of facts that tend to establish the guilt of any other person or corporation charged with bribery or illegal rebating, shall not be excused from giving testimony or producing evidence, when legally called upon to do so, on the ground that it may tend to incriminate him under the laws of the state; but no person shall be prosecuted or subject to any penalty or forfeiture for, or on account of, any transaction, matter, or thing concerning which he may so testify or produce evidence. ”

Section 20

	Text of Section 20: Military Power Subordinate to Civil Power “ The military shall be in strict subordination to the civil power. ”

Section 21

	Text of Section 21: Free and Equal Elections “ All elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage. ”

Section 22

Text of Section 22: Bailable Offenses “ A. All persons charged with crime shall be bailable by sufficient sureties, except: 1. For capital offenses, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age when the proof is evident or the presumption great. 2. For felony offenses committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present charge. 3. For felony offenses if the person charged poses a substantial danger to any other person or the community, if no conditions of release which may be imposed will reasonably assure the safety of the other person or the community and if the proof is evident or the presumption great as to the present charge. 4. For serious felony offenses as prescribed by the legislature if the person charged has entered or remained in the United States illegally and if the proof is evident or the presumption great as to the present charge. B. The purposes of bail and any conditions of release that are set by a judicial officer include: 1. Assuring the appearance of the accused. 2. Protecting against the intimidation of witnesses. 3. Protecting the safety of the victim, any other person or the community. ”

Amendments

• Ratified on November 5, 2002 via voter approval of Proposition 103.
• Ratified on November 7, 2006 via voter approval of Proposition 100.

Section 23

Text of Section 23: Trial by Jury; Number of Jurors Specified by Law “ The right of trial by jury shall remain inviolate. Juries in criminal cases in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons. In all criminal cases the unanimous consent of the jurors shall be necessary to render a verdict. In all other cases, the number of jurors, not less than six, and the number required to render a verdict, shall be specified by law. ”

Section 24

Text of Section 24: Rights of Accused in Criminal Prosecutions “ In criminal prosecutions, the accused shall have the right to appear and defend in person, and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and in no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed. ”

Section 25

	Text of Section 25: Bills of Attainder; Ex Post Facto Laws; Impairment of Contract Obligations “ No bill of attainder, ex-post-facto law, or law impairing the obligation of a contract, shall ever be enacted. ”

Section 26

	Text of Section 26: Bearing Arms “ The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men. ”

Section 27

	Text of Section 27: Standing Army; Quartering Soldiers “ No standing army shall be kept up by this state in time of peace, and no soldier shall in time of peace be quartered in any house without the consent of its owner, nor in time of war except in the manner prescribed by law. ”

Section 28

	Text of Section 28: Treason “ Treason against the state shall consist only in levying war against the state, or adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court. ”

Section 29

	Text of Section 29: Hereditary Emoluments, Privileges or Powers; Perpetuities or Entailments “ No hereditary emoluments, privileges, or powers shall be granted or conferred, and no law shall be enacted permitting any perpetuity or entailment in this state. ”

Section 30

	Text of Section 30: Indictment or Information; Preliminary Examination “ No person shall be prosecuted criminally in any court of record for felony or misdemeanor, otherwise than by information or indictment; no person shall be prosecuted for felony by information without having had a preliminary examination before a magistrate or having waived such preliminary examination. ”

Section 31

Text of Section 31: Damages for Death or Personal Injuries “ No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person, except that a crime victim is not subject to a claim for damages by a person who is harmed while the person is attempting to engage in, engaging in or fleeing after having engaged in or attempted to engage in conduct that is classified as a felony offense. ”

Amendment

Ratified on November 6, 2012 via voter approval of Proposition 114.

Section 32

	Text of Section 32: Constitutional Provisions Mandatory “ The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise. ”

Section 33

	Text of Section 33: Reservation of Rights “ The enumeration in this Constitution of certain rights shall not be construed to deny others retained by the people. ”

Section 34

	Text of Section 34: Industrial Pursuits by State and Municipal Corporations “ The state of Arizona and each municipal corporation within the state of Arizona shall have the right to engage in industrial pursuits. ”

Section 35

	Text of Section 35: Actions by Illegal Aliens Prohibited “ A person who is present in this state in violation of federal immigration law related to improper entry by an alien shall not be awarded punitive damages in any action in any court in this state. ”

Amendment

Ratified on November 7, 2006 via voter approval of Proposition 102.

Section 36

Text of Section 36: Preferential treatment or discrimination prohibited; exceptions; definition “ A. This state shall not grant preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting. B. This section does not: 1. Prohibit bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education or public contracting. 2. Prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal monies to this state. 3. Invalidate any court order or consent decree that is in force as of the effective date of this section. C. The remedies available for a violation of this section are the same, regardless of the injured party's race, sex, color, ethnicity or national origin, as are otherwise available for a violation of the existing antidiscrimination laws of this state. D. This section applies only to actions that are taken after the effective date of this section. E. This section is self-executing. F. For the purposes of this section, "state" includes this state, a city, town or county, a public university, including the university of Arizona, Arizona state university and northern Arizona university, a community college district, a school district, a special district or any other political subdivision in this state. ”

Amendment

Ratified on November 2, 2010, via voter approval of Proposition 107.

Section 37

	Text of Section 37: Right to secret ballot; employee representation “ The right to vote by secret ballot for employee representation is fundamental and shall be guaranteed where local, state or federal law permits or requires elections, designations or authorizations for employee representation. ”

Amendment

Ratified on November 2, 2010, via voter approval of Proposition 113.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Arizona State Legislature, "Arizona Constitution" (Links to each section)
• Arizona State Legislature, "Arizona Constitution" (Entire Document in PDF)

Additional reading

• McClory, Toni, (2000). Understanding the Arizona Constitution, Tucson, Arizona: The University of Arizona Press.