Arizona Constitution Article 20 - ORDINANCE

Arizona Constitution – Article 20: ORDINANCE

Overview:

Article 20 of the Arizona Constitution is a unique section titled "Ordinance", and it functions as a formal agreement or condition required by the United States Congress for Arizona to be admitted into the Union as a state in 1912. This article was included to comply with the Enabling Act passed by Congress.

Key Provisions of Article 20:

This Article contains several binding commitments made by the State of Arizona at the time of statehood. These include guarantees about:

1. Religious Freedom and Property:

Absolute freedom of religious opinion and worship.

Prohibition of any religious test for public office or trust.

No state funding to religious institutions or sects.

2. Public Lands:

Lands owned by the U.S. government are exempt from taxation while owned by the federal government.

Arizona cedes all claim to unappropriated public lands and Indian lands.

3. Indian Lands:

The state agrees to respect Indian lands and will not interfere with federal control over them.

4. Water Rights:

Arizona retains control over waters within its boundaries, subject to the rights of appropriators.

5. Polygamy and Plural Marriages:

Polygamous or plural marriages are forever prohibited in Arizona.

6. Educational and Civil Rights Protections:

The Constitution ensures equal civil and political rights for residents, regardless of race or color.

English is established as the language of instruction in public schools.

7. Public Schools and Trust Lands:

Arizona agrees to maintain public schools and manage state trust lands for the benefit of education.

Legal Status:

These provisions are permanent and irrevocable without the consent of the United States.

Article 20 operates as both a legal and moral compact with the federal government, ensuring Arizona maintains key conditions of statehood.

Importance:

Article 20 is foundational to Arizona’s admission into the Union.

It reflects the federal government’s expectations for new states during the early 20th century.

Many of its provisions remain relevant and enforceable today, particularly in areas like Native American land rights, education funding, and civil rights.

 

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