The state Legislature wrote into Proposition 100, which will be on the May 18 ballot, that two-thirds of the revenue raised will be appropriated for public primary and secondary education, and the remainder for public safety and health and human services.
Martin said the language has no teeth and will only add revenue to the state's general fund. But Brewer disagreed, and Bender agreed with Brewer, saying it's rare that constitutional amendments are so clear and directive.
"There's no formula for how you have to write amendments in order to achieve a certain result," Bender said. "You're allowed to use the English language and that's what they did here … Two-thirds will be appropriated for public primary and secondary education. I don't see how you can ignore that."
To read the full article, click here.Bender teaches courses on U.S. and Arizona constitutional law, and has written extensively about constitutional law, intellectual property and Indian law, and is coauthor of the two-volume casebook/treatise, Political and Civil Rights in the United States. Bender has argued more than 20 cases before the U.S. Supreme Court, and actively participates in constitutional litigation in federal and state courts.