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Public Education, the Arizona Constitution & the NO TAX Pledge!
**Updated: October 2010**.
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Arizona’s public school standing in the educational world has been slipping over the last decade, to the point where it has now reached a crisis point in funding, ideology and prioritizing. It needs to be stated and reiterated that public education was vital to our Arizona founders, who recognized the integral relationship between a strong public education system and the viability of Arizona as a state. For a brief history of the weight our forefathers placed on public education, visit: Public Education and our AZ Constitution.
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Arizona founders crafted our constitution in a way to ensure its priority, as well as the means for funding it:
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Article 11, Section 10. Source of revenue for maintenance of state educational institutions
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Section 10. The revenue for the maintenance of the respective state educational institutions shall be derived from the investment of the proceeds of the sale, and from the rental of such lands as have been set aside by the enabling act approved June 20, 1910, or other legislative enactment of the United States, for the use and benefit of the respective state educational institutions. In addition to such income the legislature shall make such appropriations, to be met by taxation, as shall insure the proper maintenance of all state educational institutions, and shall make such special appropriations as shall provide for their development and improvement.
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In regard to taxation, the Arizona Constitution is quite clear in Article 9, Section 1: Surrender of power of taxation; uniformity of taxes
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Section 1. The power of taxation shall never be surrendered, suspended or contracted away.
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In fact, every legislator is required, by Arizona Revised Statute (ARS) 38-231 (under Article 4–Oath of Office) to take the following oath:
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State of Arizona, County of ______________ I, _____________________(type or print name)
do solemnly swear (or affirm) that I will support the Constitution of the United States and the
Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same
and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially
discharge the duties of the office of ___________________ (name of office) _____________________
according to the best of my ability, so help me God (or so I do affirm).
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______________________________________
(signature of officer or employee)
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____________________________________________________________________________________
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In addition, our forefathers added provisions into the constitution that require Arizona legislators to uphold the constitution.
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Article 2, Section 32. Constitutional provisions mandatory
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Section 32. The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.
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However, a number of Arizona legislators have signed the following ”No Tax” pledge to a Washington special interest group – Americans for Tax Reform.
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Taxpayer Protection Pledge
I, ________________________, pledge to the taxpayers of the _______
District of the state of ____________________ and all the people of this state that
I will oppose and vote against any and all efforts to increase taxes.
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(Click “No Tax” Pledge List for a complete list.) And many state challengers have also signed a “No Tax” pledge. (Click “No Tax” 2010 State Challengers List for a complete list of all 2010 challengers.)
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Who signed a pledge to a special interest Washington lobbyist?
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The following legislators signed the ATR “No Taxes” State Pledge:
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In the Arizona Senate:
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Bob Burns (LD-9)
Pamela Gorman (LD-6) [Note: Sen. Gorman resigned January of 2010 to run for the CD 3 seat]
Ron Gould (LD-3)
Linda Gray (LD-10)
Jack Harper (LD-4)
John Huppenthal (LD-20)
Barbara Leff (LD-11)
Jay Tibshraeny (LD-21)
Thayer Verschoor (LD-22)
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In the Arizona House of Representative:
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Kirk Adams (LD-19)
Frank Antenori (LD-30)
Ray Barnes (LD-7)
Nancy K. Barto (LD-7)
Andy Biggs (LD-22)
Tom Boone (LD-4)
Judy Burges (LD-4)
Sam Crump (LD-6) [Note: Rep. Crump resigned February of 2010 to run for CD 3]
Adam Driggs (LD-11)
David Gowan (LD-30)
John Kavanagh (LD-8)
Bill Konopnicki (LD-5)
Debbie Lesko (LD-9)
Rick Murphy (LD-9)
Warde V. Nichols (LD-21)
Carl Seel (LD-6)
David Stevens (LD-25)
Andrew M. Tobin (LD-1)
Jerry Weiers (LD-12)
Jim Weiers (LD-10)
Steve Yarbrough (LD-21)
The following 2010 challengers have signed the ATR “No Tax” State Pledge:
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*Note: This listing below is for all challengers who made it past the primary and will be on the 2010 general election ballot.
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Governor:
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Barry Hess
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Running for the Arizona Senate:
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Gail Griffin (LD 25)
Michael Patti (LD 9)
Bob Thomas (LD 15)
Michael White (LD 12)
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Running for the Arizona House of Representatives:
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John Fillmore (LD 23)
Jack Harper (LD 4)
James Iannuzo (LD 7)
Peggy Judd (LD 25)
Justin Olson (LD 19)
Terri Proud (LD 26)
Ken Smalley (LD 28)
David Smith (LD 7)
Paul Yoder (LD 15)
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Why did some Arizona legislators sign a “No Tax Pledge” that puts them in direct conflict with the Arizona Constitution they have sworn to uphold? Why did Arizona legislators sign a pledge to a special interest Washington Lobbyist named Grover Norquist?
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But more importantly, how can one sign a “No Tax” pledge, which may violate at least multiple provisions and mandates of the Arizona Constitution, that all legislators swore to uphold?
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It appears to be a clear conflict-of-interest to swear to two contradictory mandates. What a conundrum for the legislators that signed an oath to a Washington lobbyist. Which oath should they uphold?
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Arizona is dead last in the United States of America in education funding, with the situation only becoming more bleak. The Arizona Constitution requires, through taxation as a last resort, the “development and improvement” of public schools. Public education is being woefully underfunded and it’s an incontrovertible fact that the Arizona founders wanted and mandated more for the economic development for the state of Arizona.
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Therefore, it is the opinion of AEN that the Arizona Constitution, the very document that allows for elected officials to represent the constituents in Arizona, has supremacy and all other oaths and pledges must be secondary.
Other Media:
Tax foe in DC casts long shadow over legislature, Arizona Daily Star, August 23, 2009
Anti-Tax Pledge hangs over GOP, Arizona Republic, February 14, 2009
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Tags: Adam Driggs, Andrew Tobin, Andy Biggs, Arizona budget, arizona education, Arizona education standards, Arizona Legislature, Arizona no tax pledge, Barbara Leff, Bill Konopnicki, budget, Carl Seel, David Gowan, David Stevens, Debbie Lesko, education, Frank Antenori, Grover Norquist, Jack Harper, Jay Tibshraeny, Jerry Weiers, Jim Weiers, John Huppenthal, John Kavanagh, Judy Burges, k-12 education funding, Kirk Adams, Linda Gray, Nancy K. Barto, Pamela Gorman, Ray Barnes, Rick Murphy, Robert Burns, Ron Gould, Sam Crump, Steve Yarbrough, Thayer Verschoor, Tom Boone, Warde Nichols
Although this may not be technically illegal to sign a pledge like the one our legislators did, it’s certainly questionable at the very least. Do these people ever even READ the constitution before they do this kind of thing? I personally don’t want to pay more taxes…BUT, I also don’t want a classroom of 40 for my children. Also, how are the legislators even able to do their jobs with their hands tied like this? Arizona deserves more. They deserve better than these…”legislators”…that become beholden to special interests groups. I’ve been reading blogs, and it’s amazing how ruthless some of these legislators are when someone does what they believe to be right for the state, in this case vote for a tax increase on the Nov. ballot. They call them names, disparage them publicly…phew, it’s nasty. I just hope Arizonans wake up and vote them out of office next election cycle!
Sure sounds like the no-tax-pledge is against the constitution to me. “The power of taxation shall never be surrendered or contracted away” runs pretty counter to some stupid pledge never to raise taxes. I’m confused why my elected representatives signed some special interest pledge in the first place!!
PS: David Gowan and Frank Antenori…you are my reps. Time to brush up on your constitution 101 fellas!
Want to see their heads explode? Ask them to point out the section in the AZ Constitution or in the Arizona Revised Statutes that states that pledges to private advocacy groups supercede oaths of office or duties to constituents.
The hierarchy of laws is as follows: U.S. Constitution trumps the State Constitution; the State Constitution trumps Arizona Statutes; AZ Statutes trump administrative rules (state agencies) & ordinances & codes (local governments). In short, regardless of your partisan ideology, the oath our legislators swear is to uphold not ONLY the STATE Constitution, but the Federal Constitution as well. The only thing that trumps the State’s Constitution: The U.S. Constitution! And last I checked, neither allow ANY wiggle room and/or allow our CITIZEN legislature to derive power from “pledges” to the Boy Scouts, Girl Scouts, Masons, Elks, or even those high-rolling Washington special interest groups.
As a parent of 3 Elementary School – aged boys, I along with MANY Parents, have a vested interest in this matter. Along with 2 other Parents, we have engaged with our local political representation. I can tell you first hand that our Senator seemed to think that he could operate outside of the State Constitution as it provides for Public Education. He very pointedly told a School Administrator to ‘get an attorney’ if he felt that he was being wronged.
As Parents AND voters, we MUST react accordingly in the 2010 voting cycle and say YES to those who have and WILL say yes for Public Education.
And don’t forget that although many of these legislators have sworn allegiance to “no tax increases,” many of their actions were designed to do just that: lower corporate taxes at the homeowner’s expense. For example, lowering the standard assessment ratio on commercial properties automatically raises it for homeowners when it comes to taxes assessed by political subdivisions such as school or fire districts, since there is no change to the spending authority of those districts. Yet these same legislators will attempt to shift the blame to the districts. Given that the state budget is still very much in flux, there are still many such hypocritical maneuvers that may still happen.
[...] . Related news articles on tax credits & STOs . Public Education and our Arizona Constitution . Public Education, The Arizona Constitution & The NO TAX Pledge! . Categories: Recent Media Updates, Recent News, School Tax Credits Comments (0) [...]
My wife and I are recently retired. We never had any children. But like many retirees (with and without kids/grandkids), we know that the future of the country is in the hands of future generations. We want those hands to be guided by EDUCATED minds. It is folly of the most short-sighted nature to oppose the very funding mechanism that provides for the education of our youth. So here’s my response to knee-jerk tax protesters: be careful lest you shortchange the generation to whom you, in your old age, are going to turn for medical care, legal help, governmental service, military leadership, other professional services and so on. Especially if you don’t have kids, why would you vote against your own future self-interest?
[...] of Public Education, the Arizona Constitutional and the “No New Tax Pledge,” click here. Categories: Recent News, Spin-a-thon Comments (0) Trackbacks (0) Leave a comment [...]
[...] of the Americans for Tax Reform, an anti-tax special interest group in Washington, DC. A rather disturbing number of our Arizona legislators signed Grover’s “no-tax” pledge when they were elected and have [...]
I just heard that legislators want to cut more from public education and send more to private school tuition. Did we somehow become part of medieval France?
[...] Governor Brewer asked legislators to pass it but it failed. In Arizona it takes a two-thirds vote to raise revenues and there are 31 legislators who have signed an oath to Washington special interest lobbyist Grover Norquist, promising to never raise taxes in Arizona–no matter what the situation. To read more about the Norquist Pledge, click here. [...]
So what is the process to begin impeachment proceedings against the listed congress-persons? If they have knowingly violated the state constitution I would think that they should be legally tossed out on their ear.
Awesome! Thanks for the list of people to vote for. You guys rock!!
@Dan
you mean the list to VOTE OUT!
gosh darn it- i love that i teach government AND economics, in AZ…maybe i can educate and inform students, better than the legislators are doing for the AZ public.
dorks.
@Thomas K.
you should check out which legislators have financial interests in private school “tax credit” scams…amazing. what they all get away with, it’s mind-boggling.
@Michelle
@John
This is NOT in violation of either Arizona’s or the U.S. Constitution. What IS in violation is the state legislature appropriating funds for special interests and others which are for expenditures outside their Constitutional functions, and it is the discretionary funding that needs to be cut, not new taxes on the already homeless and jobless Arizonans.
If we stop the free schooling of those who are here illegally, we would not need to increase taxes to fund our schools. Additionally, the U.S. Constitution was established by our forefathers with the sole purpose of providing a national defense to the several states and a world voice at the expressed consent of the citizens. Our government was never authorized to supersede the individual rights of its citizens nor the sovereign status of the several independent states. We have turned into a nation of people with our hands out demanding more and more freebees every year. Stop asking your country can do for you and start doing for yourselves what you need to do. I don’t mind giving a man fish as long as he eventually learns how to fish for himself.
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