I have no legal background, so I’ll pose this question here in the event that someone who does might respond:
QUESTION: Does the Arizona Constitution give the state (either the Legislature or the Governor) the authority to impose house arrest (a stay-at-home order) during a declared state of emergency?
Here is state law…
ARIZONA REVISED STATUTE 26-303-E.1
E. During a state of emergency:
1. THE GOVERNOR SHALL HAVE complete authority over all agencies of the state government and THE RIGHT TO EXERCISE, within the area designated, ALL POLICE POWER VESTED IN THE STATE BY THE CONSTITUTION AND LAWS OF THIS STATE in order to effectuate the purposes of this chapter.
So, does the Arizona Constitution define or limit those “Police Powers”…?
ARIZONA STATE CONSTITUTION
Article 2, Section 4 - Due process of law
No person shall be deprived of life, liberty, or property WITHOUT DUE PROCESS OF LAW.
Article 2, Section 5. Right of petition and of assembly
The right of petition, and of the people peaceably to assemble for the common good, SHALL NEVER BE ABRIDGED.
Article 5, Section 4. Governor; powers and duties; special sessions of legislature; message and recommendations
The governor shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers in the executive department upon any subject relating to the duties of their respective offices. HE SHALL TAKE CARE THAT THE LAWS BE FAITHFULLY EXECUTED. He may convene the legislature in extraordinary session. He shall communicate, by message, to the legislature at every session the condition of the state, and recommend such matters as he shall deem expedient.
If the answer is there, I cannot find it. And if it’s not there, then the answer must be “No.”
Arizona Constitution => https://www.azleg.gov/constitution/
Arizona Revised Statutes => https://www.azleg.gov/ARStitle/