Arizona: Nullification, The Game We Love To Play


The Constitution is in trouble in Arizona. Maybe.

Late election results reveal the passage of Proposition 122 that provides for the creation of a 12-person “Joint Legislative Committee on Nullification of Federal Laws,” which would “recommend, propose and call for a vote by simple majority to nullify in its entirety a specific federal law or regulation that is outside the scope of the powers delegated by the People to the federal government in the United States Constitution.”

Clearly, this is a reaction to accusations of Executive over-reach and the fantasy that the President has taken away rights and freedoms guaranteed by the Constitution to the people of Arizona. The Arizona proposition extends powers to include “all existing federal statutes, mandates and Executive orders for the purpose of determining their constitutionality.”

Arizona
U.S. Constitution (Photo courtesy of WikiMedia)

Fancy language. One wonders who in Arizona dreamed up this gem.

Look no further than State Senator Russell Pearce, who was behind SB 1433, which failed to pass the House. Said Pearce, according to the Arizona Republic:

?If we don’t take back our sovereign ability for the states to control the federal government, I guess we have no right to complain. I guess ‘Obamacare’ is OK for you.”

Also included in drafting and support for this outrage? legislation include: Governor-elect Doug Ducey, billionaire brothers Charles and David Koch and the American Legislative Exchange Council, commonly known as ALEC, a corporate-backed group known for sharing model legislation in statehouses around the country.

Never mind that the Constitution, which nut cases legislators claim to revere above all (except for the parts of the Bible they need to justify their warped points of view) covers nullification laws pretty clearly. Article Six, Clause 2 of the United States Constitution states:

“This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.”


Nullification is all the rage. The Tenth Amendment Center, a pretty swank website in patriotic red and white, is all about nullification. Its masthead urges viewers to ? Join the nullification movement.? Read more about this here: TenthAmendmentCenter.com.

Obviously, this will go to the courts and the outcome will be predictable, but in the meantime, can’t we just go back to the threat of secession? That was a way better fantasy.

Let us know your thoughts at the Liberal America Facebook page. Sign up for our free daily newsletter to receive more great stories like this one.

D is a 3rd generation feminist who was raised in the 50's, came of age in the 60's and grew up in the most disturbing parts of Southern California, surfing, riding horses, thumbing her nose at authority and generally raising hell.