Arizona's Progressive Constitution
Answer each question with 150-200 words
1. Arizona’s Progressive Constitution: The Arizona Territory created a state constitution and obtained Congressional approval, however, President Taft vetoed statehood on the grounds that the provision in the AZ Constitution on recalling judges was too progressive. Do you agree or disagree that presidents should have the final say in determining if a state enters the Union?
The recall of judges was only one of Arizona’s many progressive constitutional provisions. Others include the initiative and referendum, recall of elected officials (before their term ends), the election of commissioners for the Arizona Corporation Commission (regulates railroads and utilities), and the election of the state mine inspector. Please select three progressive provisions from the list above and explain how power is being provided directly to the voter in each case. Also, please identify the pros and cons of providing such direct political power to the people.
2. The Making of Law: A member of the Arizona Legislature receives a salary of $24,000 per year. Some have argued that this salary prevents many from running for the legislature. What are the pros and cons of limiting the salary of state legislators?
The Governor, as Chief Executive, has a very specific role to play in approving or vetoing bills sent from the Legislature. One option the Governor has is to line-item veto appropriations bills, ie. spending/budget bills. This means that a governor may pass large sections of the bill, but veto other sections. Not every state governor has this authority. Should all governors have that authority or does it cross the line between the role of the state legislator and the executive branch, ie. Separation of Powers.
3. Judge Not: Arizona has three official courts of record. Judges on the Supreme Court, Court of Appeals, and most Superior Courts are appointed by the Governor. The AZ Constitution requires that all judges must retire from the court when they reach 70 years of age. U.S. Federal judges and Justices of the Supreme Court have life-time appointments. Do you believe this is a discriminatory practice (Agism) or is there a legitimate rationale for this Constitutional provision?
Leftover from frontier days, Arizona also has Justices of the Peace that handle common, everyday issues such as small claims, traffic accidents, misdemeanor offenses, and landlord-tenant disputes. The maximum suit in the Justice Court is $10,000, otherwise, one must sue in AZ Superior Court. Is the $10,000 limit for the Justice Court outdated? Should the amount be raised or should the courts continue to have a separation over the amount of the claim?
4. Paying for Public Services: Article XI of the Arizona Constitution states that the Legislature is responsible for providing and maintaining a uniform public school system. Do you consider Arizona’s public school system to be “uniform”? Why or why not?
Roughly 48% of public school funding comes from the State of Arizona’s general fund. The general fund is made-up primarily of state income and sales taxes. Local property taxes contribute significantly to the remainder of state funding. Do you believe that funding the school system through state and local taxes is the best method for maintaining a predictable and reliable stream of public revenue for public services? Why or why not?
Discussion Responses Paper
Student's Name
College/University
Course
Professor's Name
Due Date
Arizona's Progressive Constitution
The question of whether presidents should have the final say in determining a state's entry into the Union is an increasingly complex one. Whereas there are valid arguments for federal oversight to ensure compliance with democratic principles, the case of President Taft's veto of Arizona's statehood based on the recall of judges' provision highlights the potential for federal overreach. Arizona's progressive provisions, such as the initiative and referendum, recall of elected officials, and direct elections for commissioners and inspectors, empower voters by allowing them to shape policy and hold officials accountable (Arizona State Legislature, 2019). The pros of such direct political power include increased citizen participation and a more responsive government. However, the cons involve the potential for hasty decisions, populism-driven policies, and challenges in implementing complex regulations effectively. Ultimately, the balance between federal and state authority and the benefits and drawbacks of direct voter involvement should be carefully considered in evaluating whether presidents should have the final say in statehood decisions.
The Making of Law
Limiting the salary of state legislators has both pros and cons. On the positive side, a lower salary can deter individuals primarily motivated by financial gain from pursuing legislative roles, potentially attracting candidates with a genuine commitment to public service. However, it may also discourage qualified individuals who cannot afford to serve due to financial constraints, potentially limiting the diversity of voices in the legislature. Striking the right balance between ensuring financial stability for legislators and preventing excessive financial incentives for seeking office is increasingly essential. Regarding the line-item veto authority of governors, its appropriateness depends on the specific governance structure of each state. According to O'Mahen and Petersen (2020), this authority can be useful for governors to ensure responsible spending and prioritize key initiatives. Granting this authority universally must be carefully considered to avoid an imbalance of power. Whether all governors should have this authority or whether it encroaches upon the separation of powers is a matter of state-speci...