Arizona posturing for de facto seccession

[Taco John]

File this under "nullification isn't as dead as some would like you to believe it is."


http://www.azcentral.com/members/Blog/EJMontini/117684


E.J. Montini's Columns & Blog
E.J. Montini is a columnist for The Arizona Republic.

Arizona to secede (without OFFICIALLY doing so)

Members of the state Legislature, including Arizona's de facto governor, Senate President Russell Pearce, have introduced a bill that essentially would have Arizona secede from the union without having to do so officially.

Really.

It's called SB1433, (See it here.) It creates a 12-member committee within the legislature that could "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…"

Committee members themselves would decide this, then pass along their recommendation to the full Legislature. If, in turn, a majority of state lawmakers go along with the committee then, according to the bill, "this state and its citizens shall not recognize or be obligated to live under the statute, mandate or executive order."

The nullification committee also would be permitted to review all existing federal laws to see if our legislative geniuses want to toss them out as well.

In every legislative session in every state throughout the land there are proposals like this, usually made by a few fringe members who know their proposal has no chance but file it anyway to serve some personal or political agenda.

In this instance, legislators here -- who claim to be strict constitutionalists -- seem fairly willing to ignore what is commonly called the "supremacy clause" of the U.S. Constitution (as well as the Fourteenth Amendment), and which more or less say that federal law supersedes state law.

A state or a person can challenge such laws in court. But a state can't on its own simply declare a federal law to be unconsitutional.

Legislators who propose such things often are quietly patted on the heads and laughed off by their colleagues.

In our case, however, the legislation is being proposed by, among others, Sen. Pearce, the most powerful person in state government.

So, as wacky as the proposal is, that makes it much less of a laughing matter.

Wednesday, February 2, 2011 at 11:57 AM

[The Mad Crapper]

at the ACLU Brothers--- bunyon and orange.

[Otter]

The possible outcomes to this are interesting to say the least.

[Taco John]

Originally Posted by Otter

The possible outcomes to this are interesting to say the least.

I truly believe (and have spoke about it for a long time) that in time we will see a coalition of states that adopt a similar posture in an attempt to corral the federal government.

[BucEyedPea]

Not only is American empire cracking but revolution is spreading to America now too! The people are rising up! I love Arizona. jAZ is gonna have to move now isn't he?

[The Mad Crapper]

Originally Posted by Taco John

I truly believe (and have spoke about it for a long time) that in time we will see a coalition of states that adopt a similar posture in an attempt to corral the federal government.

Oh no doubt, definitely.

And this time, "lincoln" won't be able to unleash the wrath of the military on that coalition of states. That will never happen again.

[Amnorix]

Good luck with that.

[BucEyedPea]

Oh oh! Lincoln incarnate has arrived.

[alnorth]

This is a fool's errand. State-level nullification of a federal constitutional law does not exist. You cant wave a magic wand at the supremacy clause. If a state doesn't like federal law and that law is determined by the federal appeals or supreme courts to be constitutional, then they should either live with it or secede and declare themselves to be an independent sovereign nation. If they don't or can't do that, then federal law will be enforced, by the U.S. marshals and the army if necessary.

[BucEyedPea]

Originally Posted by alnorth

This is a fool's errand. State-level nullification of a federal constitutional law does not exist. You cant wave a magic wand at the supremacy clause. If a state doesn't like federal law and that law is determined by the federal appeals or supreme courts to be constitutional, then they should either live with it or secede and declare themselves to be an independent sovereign nation. If they don't or can't do that, then federal law will be enforced, by the U.S. marshals and the army if necessary.

It's not just "federal law" it's unConstitutional law even if they enforce with Marshalls or the army. Will the army support and enforce the Obama regime?

[alnorth]

Originally Posted by BucEyedPea

It's not just "federal law" it's unConstitutional law even if they enforce with Marshalls or the army. Will the army support and enforce the Obama regime?

If the supreme court says something is constitutional, it doesn't become unconstitutional just because you say so. SOMEONE has to have the final determination of that question, and that someone is the SCOTUS.

I understand that you think Madison should have lost, but judicial review is now over 200 years old and will not go away. If you dont like something the supreme court said, you have a few options: live with it, impeach the justices, ask congress to create new judges (there's nothing written in stone that says it has to be nine), or secede. Saying "no, you are wrong and we wont follow that decision" is not an option unless your state wants to leave the union.

[The Mad Crapper]

Originally Posted by Taco John

It's called SB1433, (See it here.) It creates a 12-member committee within the legislature that could "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…"

The central planners have no idea what kind of shitstorm is heading there way.

It's gonna be fun kicking their moonbat asses.

[Pioli Zombie]

**** Arizona up John McCains ass. Leave. Goodbye. The Cardinals suck. The Diamondbacks suck. Its too hot. **** 'em.

[Bowser]

Simple question -

How will Arizona sustain itself if they do secede?

[Saul Good]

This isn't going to amount to anything directly, but DC can ignore these overtures at their own peril.