Is the Attorney General's reading of Section 1(3)(a)(iv) of Article XXVIII of the Arizona Constitution, which prohibits the use of foreign languages during the performance of government business?

MultiRegion, United States of America

The following excerpt is from Yniguez v. Arizonans for Official English, 69 F.3d 920 (9th Cir. 1995):

Section 1(3)(a)(iv) broadly declares that the rule that Arizona "act in English and in no other language" applies to all government officials and employees during the performance of government business. This prohibition on the use of foreign languages when conducting government business supplements the Article's listing of "statutes, ordinances, rules, orders, programs and policies," an enumeration of presumably official acts on which the Attorney General relies heavily. Sec. 1(3)(a)(iii). Thus, not only is the Attorney General's narrow reading of Article XXVIII contradicted by the provision's expansive language, his reading would render a sizeable portion of the Article superfluous, "violating the settled rule that a [provision] must, if possible, be construed in such fashion that every word has some operative effect." United States v. Nordic Village, Inc., 503 U.S. 30, 36, 112 S.Ct. 1011, 1015, 117 L.Ed.2d 181 (1992) (emphasis added); Mackey v. Lanier Collection Agency & Serv., 486 U.S. 825, 837 & n. 11, 108 S.Ct. 2182, 2189 & n. 11, 100 L.Ed.2d 836 (1988). Here, of course, it is not simply certain words that would, under the Attorney General's reading, become redundant; instead, entire subsections of the provisions would be rendered unnecessary and repetitive.

Other Questions


Does Article XXVIII of the Arizona Constitution prohibit the use of non-English as official language by state and city agencies? (MultiRegion, United States of America)
What is the Attorney-General's view on section 2590 of the Education Law and the constitutionality of Section 2590? ("New York", United States of America)
Is a plaintiff entitled to attorney's fees under Section 1988 of the Constitution for a constitutional violation? (MultiRegion, United States of America)
Does the Attorney General's general statement that confidential information is frequently used in such cases violate constitutional protection? (MultiRegion, United States of America)
Is Section 543 of the Criminal Code an independent statutory authorization for the appointment of an attorney to assist the Attorney General? (MultiRegion, United States of America)
Does a reference to Attorney General need to be included in the definition of the Attorney General? (MultiRegion, United States of America)
Does the Government violate Section 1471 of the Civil Code of Civil Procedure by failing to provide counsel with all materials in the possession of the Attorney General's office that contain potentially exculpatory material? (MultiRegion, United States of America)
Is Attorney-General for Canada Attorney General for Canada legal? (Canada (Federal), Canada)
Does Attorney-General for Canada have to be Attorney General for Canada? (Canada (Federal), Canada)
Does a business's principal place of business constitute the sole residency of that business entity? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.