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Constitutional Rights

The U.S. Constitution and state constitutions guarantee certain rights. Too often, government violates those rights instead of protecting them. The Goldwater Institute is committed to constitutional rule of law and focuses on property rights, campaign finance, legislative terms, balance of power among levels of government, processes of judicial appointment, and state sovereignty, among others.

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  • Smoking Ban an Attack on Freedom

    Posted on February 23, 2004 | Type: Op-Ed | Author: Mark Brnovich

    Arizonans Concerned About Smoking is pushing a statewide ban on smoking in private restaurants and bars. The group argues that a ban is necessary to protect the rights of nonsmokers to be in smoke-free environments. But ban proponents misunderstand the nature of rights in a free society.

  • Tort reform may mean bringing your case to the public

    Posted on February 01, 2004 | Type: In the News

    Last year, the United States House of Representatives passed legislation that would have limited contingency fees collected by attorneys and set caps on non-economic damages at $250,000. But the bills never made it out of the Senate. In response, President Bush has indicated he will make tort reform a priority during the presidential campaign. He also remarked that, "The senators must understand that nobody in America has ever been healed by a frivolous lawsuit."[i]

  • Wine Shipping Discussion Turns Spirited in Valley

    Posted on November 20, 2003 | Type: In the News

    Opponents, backers of state law square off

  • Trading Grapes Report Recommends Lifting Ban on Direct Shipment of Out-of-State Wine

    Posted on November 18, 2003 | Type: Press Release

    PHOENIX-In a policy report released today, Goldwater Institute constitutional studies director Mark Brnovich urges Arizona to lift its ban prohibiting direct shipment of out-of-state wine to Arizona consumers. In his report, Trading Grapes: The Case for Direct Wine Shipments in Arizona, Brnovich explains how Arizona's ban violates the Commerce Clause of the U.S. Constitution, raises prices, and hurts Arizona's domestic wine industry. The report is available online.

  • Trading Grapes: The Case for Direct Wine Shipments in Arizona

    Posted on November 18, 2003 | Type: Policy Report | Author: Mark Brnovich

    Arizona Law prohibits out-of-state wineries from shipping wine directly to Arizona consumers, with few exceptions. A vestige of Prohibition, Arizona statutes require out-of-state wineries to sell their products to licensed wholesalers (tier 1), who then sell to retailers (tier 2), who select which beverages will be available to consumers (tier 3). It is illegal for an out-of-state producer to bypass the wholesaler. This antiquated three-tiered distribution system grants undue power to wholesalers, drives up the price of wine by forcing the product through a middleman, and reduces choices available to consumers.

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