Freedom won a massive victory on Tuesday, and not just because Republicans took control of the U.S. Senate Voters in Arizona approved Proposition 122, an important amendment to the state constitution that enshrines nullification, or anti-commandeering. Specifically, it allows the state to “exercise its sovereign authority to restrict the actions of its personnel and the use of its financial resources to purposes that are consistent with the Constitution.” This amendment, approved by a 2.8% margin, will make it easier for Arizonans to refuse to enforce federal laws, forcing Washington to do its own dirty work. Under the provision, voters could hold referendums on withholding state resources from enforcing Obamacare, federal impingement on American’s Second Amendment rights, NSA spying programs, and other measures, according to the Tenth Amendment Center. Other states have considered nullification measures as a method of pushing back on the massive, unconstitutional expansion of federal government by un-elected bureaucrats in federal agencies under President Barack Obama or any future White House occupant, but this is believed to be the first amendment to a state constitution with such a broad scope. Arizonans could have held such referendums at any time, but adding this language to the state’s constitution means that such referendums will now be statutory, rather than constitutional, making it easier — and far less expensive — to get on the ballot for the people to decide. “Simply put, the amendment enshrines a process to refuse state cooperation with unconstitutional federal acts in the state constitution,” the report said, citing a statement from Judge Andrew Napolitano that state refusal to participate in federal programs makes them “nearly impossible to enforce.” The U.S. Supreme Court has consistently upheld actions by states to refuse to implement federal programs. The report cites four key decisions — Prigg v. Pennsylvania (1842), New York v. US (1992), Printz v. US (1997) and National Federation of Businesses v. Sebelius (2012). James Madison, writing in Federalist #46, said that two of the most important “means of opposition” to the federal government were the “disquietude of the people” and their “refusal to co-operate with the officers of the Union.” Arizona just added to its constitution the means for its citizens to express both more readily. It is sincerely to be hoped that other states will follow the example of The Grand Canyon State, but for now, t’s a good day to be an Arizonan.
Posted on: Sat, 08 Nov 2014 22:35:30 +0000
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