What type of law cannot be enacted by the Arizona legislature?

The correct answer is that the Arizona legislature cannot enact laws granting privileges based on hereditary factors. This is rooted in the principle of equality before the law as articulated in both the Arizona and U.S. constitutions. Specifically, laws that create privileges based on heredity would violate the equal protection clause, which ensures that all individuals are treated equally and prohibits the establishment of a legal caste system.

This idea reinforces democratic values and prevents discrimination based on ancestry or lineage, which are not justifiable grounds for any special legal privileges or rights. By prohibiting such laws, the state safeguards against the establishment of inequalities that could arise from hereditary privilege.

In contrast, laws based on sex could be enacted under certain circumstances if they comply with anti-discrimination principles. Retroactive laws may be permissible in specific contexts, although they are subject to scrutiny, particularly if they violate established rights or legal expectations. Additionally, while some laws may require public approval for implementation, many can still be passed by the legislature without needing direct public consent. Thus, the prohibition on hereditary privileges stands out as a clear limitation on legislative power in Arizona.