Just noticed this one slipping under the radar in the Arizona Senate, goes up for vote/Third Read tomorrow before being sent to the House. Check this out. The capitalized text is the proposed additions to the statute. Simple sounding, but Section 4F, (subtle, isn't it?), is the real stunner. I know 6,000 legal eagles will immediately say "They can't do that!" Neither can the feds overstep their bounds, YET THEY HAVE DONE SO AGAIN AND AGAIN. Time to take it back.
41-1294. Joint legislative committee on neutralization of federal laws; members; powers and duties
A. THE JOINT LEGISLATIVE COMMITTEE ON NEUTRALIZATION OF FEDERAL LAWS IS ESTABLISHED CONSISTING OF:
1. THE PRESIDENT OF THE SENATE OR THE PRESIDENT'S DESIGNEE, WHO SERVES AS COCHAIRPERSON OF THE COMMITTEE.
2. SIX MEMBERS OF THE SENATE WHO ARE APPOINTED BY THE PRESIDENT OF THE SENATE, NOT MORE THAN FOUR OF WHOM ARE MEMBERS OF THE SAME POLITICAL PARTY.
3. THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OR THE SPEAKER'S DESIGNEE, WHO SERVES AS COCHAIRPERSON OF THE COMMITTEE.
4. SIX MEMBERS OF THE HOUSE OF REPRESENTATIVES WHO ARE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, NOT MORE THAN FOUR OF WHOM ARE MEMBERS OF THE SAME POLITICAL PARTY.
B. MEMBERS SERVE TWO-YEAR TERMS BEGINNING AND ENDING ON THE CONVENING OF THE REGULAR SESSION OF THE LEGISLATURE EACH ODD-NUMBERED YEAR. A MAJORITY OF THE MEMBERS CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS. THE COMMITTEE SHALL MEET ON THE CALL OF EITHER COCHAIRPERSON.
C. THE COMMITTEE SHALL RECOMMEND AND PROPOSE LEGISLATION AND CALL FOR A VOTE BY SIMPLE MAJORITY TO NEUTRALIZE 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. THE COMMITTEE SHALL MAKE ITS RECOMMENDATION WITHIN THIRTY DAYS AFTER RECEIVING THE FEDERAL LEGISLATION FOR CONSIDERATION AND PROCESS.
D. THE COMMITTEE MAY REVIEW ALL EXISTING FEDERAL STATUTES, MANDATES AND EXECUTIVE ORDERS FOR THE PURPOSE OF DETERMINING THEIR CONSTITUTIONALITY. THE COMMITTEE MAY RECOMMEND FOR NEUTRALIZATION EXISTING FEDERAL STATUTES, MANDATES AND EXECUTIVE ORDERS ENACTED BEFORE THE EFFECTIVE DATE OF THIS SECTION.
E. ON THE COMMITTEE'S RECOMMENDATION FOR NEUTRALIZATION, THE LEGISLATURE SHALL VOTE ON WHETHER TO NULLIFY THE ACTION WITHIN SIXTY DAYS AFTER THE COMMITTEE'S RECOMMENDATION. UNTIL THE VOTE, THE ISSUE IN QUESTION IS OF NO EFFECT IN THIS STATE. THE APPROPRIATE DOCUMENTATION REFLECTING THE LEGISLATURE'S VOTE SHALL BE DOCUMENTED IN THE JOURNALS OF THE RESPECTIVE HOUSES.
F. IF THE LEGISLATURE VOTES BY SIMPLE MAJORITY TO NEUTRALIZE ANY FEDERAL STATUTE, MANDATE OR EXECUTIVE ORDER ON THE GROUNDS OF CONSTITUTIONALITY, THIS STATE AND THE CITIZENS OF THIS STATE SHALL NOT RECOGNIZE OR BE OBLIGATED TO LIVE UNDER THE STATUTE, MANDATE OR EXECUTIVE ORDER.
G. THE SECRETARY OF THE SENATE AND THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES SHALL COMMUNICATE THE INTENTIONS OF THIS SECTION TO THE LEGISLATURES OF THE SEVERAL STATES TO ASSURE THAT THIS STATE CONTINUES IN THE SAME ESTEEM AND FRIENDSHIP AS CURRENTLY EXISTS AND THAT THIS STATE CONSIDERS UNION FOR SPECIFIC NATIONAL PURPOSES, PARTICULARLY THOSE ENUMERATED IN THE CONSTITUTION OF THE UNITED STATES, TO BE FRIENDLY TO THE PEACE, HAPPINESS AND PROSPERITY OF ALL THE STATES. THE SECRETARY OF THE SENATE AND THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES SHALL JOINTLY TRANSMIT A COPY OF THIS LEGISLATION TO THE PRESIDENT OF THE UNITED STATES, THE PRESIDENT OF THE UNITED STATES SENATE, THE SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES AND EACH MEMBER OF CONGRESS FROM THE STATE OF ARIZONA WITH THE REQUEST THAT THIS LEGISLATION BE OFFICIALLY ENTERED INTO THE CONGRESSIONAL RECORD.
I believe this is the political equivalent of a tossed grenade.
Last edited by armoredman; 03-14-2012 at 10:27 PM..
It failed Third Read of a clear majority, 15 Aye, 14 Nay, 1 not voting. I asked my Senator to try to have it voted Reconsider due to the closeness of the vote. Alternatively, some enterprising individual can try a Strike Everything amendment on another bill to bring it in again before the end of the session.
I sooo want to see the veins pop out of Aunt Samantha with this in her face.
Nullification, in United States constitutional history, is a legal theory that a State has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional. The theory is based on a view that the States formed the Union by an agreement (or "compact") among the States, and that as creators of the federal government, the States have the final authority to determine the limits of the power of that government. -----------------------