Arizona Statehood and Constitution
Introduction
Arizona is a state found in the South western side of the United States of America. The capital and larges city of Arizona is Phoenix. Arizona was state number 48 to be admitted to the Union of the American States. However, unlike many other states, several events were recorded during the process of statehood of Arizona.
This paper gives an overview of events in Arizona in both the Preterritorial and territorial periods. A number of events took place and they played a great role that resulted to the statehood of the region.
The Preterritorial Period
The preterritorial period goes down in record as being the period just before the Spanish arrived in the Southwestern region of America, now known as Arizona. During this period, many different groups of Native Americans occupied the region (Lamar, 2000). The Native groups that inhabited the region practiced agriculture, since the climate was very favorable. Years later, the Spanish people took over the region. However, by this time, several changes had already been recorded, the major one being that groups that originally inhabited the area such as the Mogollon were no longer in existence. Their descendants: the Hopi and the O’odham now occupied the place. They hunted, gathered, and practiced agriculture (Rachowiecki & Rasin, 2002).
The Spanish Period
Colonists began entering the region of northern New Spain in the late 18th century. This region is what is known today as the state of Arizona. Their main attraction was the news that deposits of silver had been discovered in the Arizona mining camp. Most of the colonists soon left after Juan Bautista de Anza announced that the deposits were not of silver, but mere buried treasures. However, a few of them remained and took up farming.
Bourbon reforms began in 1975. Charles III of Spain ordered marques de Rubi to carry out a thorough inspection of the Northern region. After the inspection, Rubi came up with some recommendations which resulted to the Reglamento of 1772. This was a major reorganization of a presidial system that was done by Hugo O’Conor (Menchaca, 2001).
The presidial reforms were part of the policies of the Bourbon reforms. In 1776, Carlos III carried out more reforms by placing the northern interior provinces under the jurisdiction of the Spanish Crown, and not under the viceroy in Mexico. A commandant general was placed in charge of the provinces and was given direct access to the crown (Menchaca, 2001). The commandant was supposed to Indians, Russians, and British on the Mississippi valley. This is because the Spanish were scared of the expansions that these groups had made. They feared that they would get to the rich silver mining areas as well as the Northern provinces.
The Bourbon changes were overshadowed by expulsions of Jesuits that began in 1765. These missionaries erected missions from where they settled Indian converts. There were several contests between the missionaries and the colonists. However, these wars were also occasioned by peace agreements that often did not last long. The era of the Spanish ended in 1821 (Menchaca, 2001). This was marked by the signing of Treaty of Cordoba, which was done at the end of the War of Independence.
The Mexican period
The Mexican period lasted between 1821 and 1848. The Mexicans got their independence from the Spanish in 1821. Information about events in Mexico got to reach people in the internal provinces by travelers who passed through the Camino Real. This highway was used by both rebels and the royals during the independence war (Lavash, 2006).
There was a lot of fighting both before and after the independence of Mexico. This resulted to less transfer of resources. The reduced activity made people search for alternate routes. For instance, in 1807, Zebelon Pike, an American trader, tried finding an alternative route into the New Mexico.
A dispute ensued in 1846 over the boundary of Texas. The conflict was between Mexico and the United States. The U.S. military forces U.S. Mexico War attacked Mexico. Some regions of Mexico were defeated and taken over (Rachowiecki & Rasin, 2002). During this period, the Camino Real highway regained its activity as the Americans used this route to access Mexico. The end of this era was marked by the signing of a treaty: the treaty of Guadalupe-Hidalgo. The treaty allowed for Mexico to take over most of its territories in the northern part. Examples of these territories are California, Arizona, and the New Mexico. This was in 1848.
The U.S. controlled period
The territory of Arizona was an incorporated territory of the United States from 1863 till when it was admitted into the union as a state in 1912. Another territory that was in existence way before the Territory of Arizona is the Confederate Territory of Arizona. This territory came into existence officially from 1861. In 1863, the territory was recaptured by US during the American civil war. These two territories were a major contributing to campaigns that led to the war (Lamar, 2000).
The Territorial period
The treaty of Guadalupe Hidalgo was signed in 1848. Shortly after this, the United States passed an act that of authorized the creation of the Territory of New Mexico. The territory was also allowed to have a new civil government. James Calhoun was the first governor of the new territory. The new territory was comprised of New Mexico, Arizona, parts of Colorado, among others. However, in 1863, a major change was experienced when the territory was divided and the western part of it made the Arizona Territory (Lavash, 2006).
Several military posts were established in the 1850’s to help control Indian tribes that kept raiding the territory. Several peace treaties were signed during this period (Lavash, 2006). The presence of militants around the territory created a sense of security and people established settlements around various parts of the region. Even people who had settled into the territory as nomads made permanent settlements.
New Mexico and the Confederacy contributed to the Civil War. The Confederacy raided gold fields of California, Colorado and the Santa Fe Trail highway. These were important regions of Arizona. The troupes of Confederacy conquered most of the places that they raided, an example being the settlement of Mesilla, which was in the Southern Mexico. However, what they wanted were the supplies, and mostly the depot at Fort Union. This depot held military supplies, hence its importance to the troupes (Lavash, 2006).
A battle started in 1862, when troops from the Union troops, Colorado, and New Mexico attacked the Confederate troop at Apache Canyon. The battle lasted three days until the Union troops were able to raid the train carrying supplies for the Confederates. This made them give up and they retaliated.
The federal government forced Indian tribes into reservations where they lived from 1863. The end of Civil I War encouraged growth in New Mexico. The rail was extended and new railway stations set up. This helped the agricultural, livestock, mining, and many other industries that had sprang up in the territory.
This period saw New Mexico go through a number of problems such as the lawlessness and slow economic growth. There were a lot of conflicts that were enhanced by the many political as well as business competitors (Lavash, 2006).
Impact of the Progressive Movement
The main impact of the Progressive Movement is direct democracy (McNeese, 2007). Direct democracy can be defined as a system where citizens rule themselves or chose their own leaders instead of relying on state officials who may be elected or appointed. Direct democracy was first rejected by America’s founders when they wrote the U.S. Constitution in 1787. However, this was due to change.
In the late 1080s, the Progressive Movement openly criticized the state and local governments, accusing them of being corrupt yet very wealthy politicians. The movement argued that the only way to change this was to give the people more power so that they could have more power or control. The movement insisted that the people be allowed to bypass officials and enact their own statutes and constitutional measures. The people were also to have powers to remove officials from office even before their terms came to an end. These two conditions were referred to as the initiative and the referendum respectively.
Some towns adopted the initiative and the referendum. In 1912, Arizona became a state. This happened when the Progressive Movement was at its peak. Those who drafted the Arizona Constitution were Progressives and so the constitution included the initiative, the referendum, and the recall. However, this created a slight problem for Arizona and only when they clause on recalling judges was eliminated, that Arizona was awarded its statehood. Soon after, the state restored the clause on judicial recall (McNeese, 2007).
The Arizona Constitution
Branches of the Government
Executive
Legislative
Judicial
Functions and Powers
Officiates the laws made by the executive branch. This branch has six elected offices. Each office has got its distinct powers and functions.
Is responsible for:
Making laws
Addition or deletion of laws
Makes decisions on how to raise and spend money for taxes
Confirms or approves appointments made by the state governor
This is comprised of the court system. It is headed by the Supreme court. The Supreme Court supervises all other courts of the state, makes rules on all court procedures. The Supreme Court also appoints official of the courts such as the clerk, administrative director, and a central staff of attorneys.
Legislative Branch
This branch is made up of two houses of Congress which are the Senate and the House of Representatives (Leshy, 2011). This branch is responsible for making laws. The Senate has 100 members, two from each state. It is headed by the vice president.
Making laws
Approves nominations made by the president for the cabinet, supreme courts and other institutions
Executive Branch
This branch is headed by the president and its main function is to make official the laws made by the legislative branch of government (Leshy, 2011). The president gives the final pass for a bill to become law. The president is also responsible for hiring and firing the cabinet officials. He also negotiates treaties related to the state and is in charge of the state, and commander in chief of the armed forces. The executive is comprised of the cabinet.
Members of the cabinet are:
Governor-is the chief administrator, the commander in chief of the state, and calls for special sessions
Secretary of State- keeps the State Seal, attests to official acts of the governor, prints the approves state laws, and is the administrator of elections
Secretary of the Treasury- is in charge of all monies that come to the state and its agencies
Attorney General- supervises the county attorneys, is the legal advisor for all state agencies, and heads the department of law
Superintendent of Public Instruction- is in charge of the education department and anything else to do with the department
State Mine Inspector- oversees the health and mining departments
Justice of the Supreme Court- makes decisions for the highest appellate court, supervises all courts of the state
The Judicial Branch
The court system is what constitutes this branch of government (Leshy, 2011). This branch explains the constitution and laws passed by the Congress of the Legislature. The branch is headed by the Supreme Court. The Supreme Court determines whether an issue is constitutional or unconstitutional, or whether it is covered with the constitution.
The Supreme Court has nine judges, eight associate judges, and one chief justice. The president nominates these judges and the senate group approves them into office.
Procedures for amending the Arizona Constitution
The Arizona Constitution is the document used to govern the state. It provides the framework of how the state is run. In 1910, the Arizona Territory held a constitutional convention in which the constitution was drafted. The draft was presented to the Congress who approved it. However, the then president, President William objected a clause concerning judges. An amendment was made but it was approved in 1912, after the state had been given its statehood as a state of the U.S. on February 14, 1912 (Leshy, 2011).
The constitution of Arizona can be amended using two procedures. One is the constitutional referendum procedure and the other is the constitutional initiative procedure.
a) Constitutional Referendum
A bill is proposed
If majority of each house of the legislature pass the bill proposing change, then it moves on to the next stage
The Secretary of state posts the bill on a public pamphlet. This is done 90 days prior to the next general election
If it is voted in by majority of the voters, then the referendum becomes law and part of the constitution
b) Constitutional Initiative
Petitions for change are signed by registered voters. The signatures must equal 15% of the total vote cast for Governor during the previous election
The Secretary of State checks the petitions. If the signatures are enough and valid, then the initiative is set for voting during the next election.
If majority of the voters approve the initiative, then it becomes law and part of the constitution
Any house is allowed to propose an amendment to the constitution. Amendments are usually proposed and presented to the Congress. If two thirds of both houses give an approval to it, then it moves to the next stage. On the other hand, when two thirds of the legislatures call for a convention to propose an amendment, and it is proven valid to all Intents and Purposes, then the amendment process can start.
Once two houses of the legislature approve the amendment, and then the Secretary of State posts the bill in a public newspaper for all people to have view. This is usually done 90 days to the next general election. If a general election is not almost due, then a special referendum election is called for. The bill becomes law and is added to the Arizona constitution. If majority of the voters do not approve it, then the bill is dropped. The same applies for amendments that are signed in by the voters.
The amendment process for the Arizona Constitution is a fair one since every stakeholder has got an opportunity to exercise their right of expression. The legislature is given an opportunity to deliberate on the amendment and only when it goes through that stage that it is presented to the people to deliberate on it too and vote it in or out. This does not mean that people are given excess power. The people are only given a chance to exercise their rights, which is a very democratic thing.
Conclusion
The state of Arizona went through a number of events before finally becoming a state. All these events make its statehood process a unique and interesting one. However, the state was able to find its way into statehood, become state number 48 to be admitted into the union.
It is evident that the Progressive Movement played a vital role in the making of the Arizona Constitution. An amendment had to be made for Arizona to be made a state and soon after it had become one, the change was restored.
References
Leshy D. John. (2011). The Arizona State Constitution (Oxford Commentaries on the State
Constitutions of the United States). Oxford: Oxford University Press
Rachowiecki Rob & Rasin J. (2002). Arizona. Australia: Lonely Planet
Lavash Donald. (2006). A Journey through New Mexico History. New Mexico: Sunstone Press.
Menchaca Martha. (2001). The Indian, Black, and white roots of Mexican
Americans. University of Texas Press: Texas: 97…span
Lamar Howard. (2000). The far southwest, 1846-1912: a territorial history. New Mexico: UNM
PressThe Progressive Movement
McNeese Tim. (2007). The Progressive Movement: Advocating Social Change. New York City:
Infobase Publishing
