The Arizona Constitution could eliminate student anxieties about ASU’s desired $1,200 tuition surcharge.

A clause in Article 11, Section 6, of the Arizona Constitution says instruction at universities and all other state educational institutions should be “as nearly free as possible.”

Referring to the constitution is a perfectly legitimate exercise. But not when it is the only thing being referred to.

That’s what many of the arguments sounded like in the Arizona Republic’s Sunday story about outcries over the proposed surcharges’ constitutionality.

The surcharge is pretty harsh and probably unconstitutional using most interpretations of the clause. But the cost of strict constitutional interpretation is a harsher payment than $1,200.
The word “unconstitutional” carries more weight than it should. Just because something is unconstitutional doesn’t make it automatically bad.

A constitution is just a public record. It can be crumpled up, thrown away or even burned.

Constitutionalism is the philosophy that government should be legally limited in its power. Constitutions are important because they define what those limits are. They are not absolute authorities in themselves.

A constitution is neither infallible nor set-in-stone. That would defeat the purpose of a constitution.

If we place absolute faith in a government document written almost 100 years ago, we become slaves to its wording. The constitution would have power over our lives that we cannot influence.

After all, why have a constitution to make the government serve the people if it the people can’t change anything about their government?
It’s easy to point to an incident like this and call it unconstitutional. But it’s harder to prove that the constitutional clause makes any sense today.

The clause also says university enrollment shall be open to both genders. It actually has to specifically allow women to be educated.

Article 11, Section 6, also says “the legislature shall provide for a system of common schools by which a free school shall be established and maintained ... in every school district.”

It says “a free school.” Does that mean there can be only one school per district? It also says “school shall be open to all pupils between the ages of six and 21 years.”

Women’s suffrage was once unconstitutional. Owning slaves used to be perfectly acceptable right of any citizen.

It’s doubtful that everyone pointing to Article 11, Section 6, is as just as eager to advocate for Article 30, Section 1: “Only a union of one man and one woman shall be valid or recognized as a marriage in this state.”

It’s especially sad in this case, because the argument against a $1,200 tuition surcharge is easily fought without the constitution.

Instead of relying on five words of a near-century old document, students should be asking university officials substantial questions.

For example, “Will a degree from ASU be worth $1,200 less without the surcharge?” or “Do I need to take any general studies classes in person?”

Asking those questions is more substantial than pointing to some piece of paper, because the constitution’s purpose is to limit the power of the government.

It is not there to pay for new Macs in the commons.

Reach Chris at cogino@asu.edu.