The power of III

Summum ius summa iniuria--More law, less justice

09 February 2011

Arizona nullification efforts, local news

PHOENIX -- A new proposal at the Arizona Legislature will take the state's fight with the feds to a whole new level: It would let the state actually nullify federal laws that legislators believe are invalid.

The measure crafted by Sen. Lori Klein, R-Anthem, would set up a committee of 12 lawmakers to review federal laws and regulations to determine which are "outside the scope of the powers delegated by the people to the federal in the United States Constitution.'

A majority vote that Congress or a federal agency exceeded its authority would trigger an automatic referral to the Legislature which would have 60 days to make a final decision. Ratification of the panel's recommendation would mean the state and its residents "shall not recognize or be obligated to live under the statute, mandate or executive order.'

But Klein said SB 1433 is not challenging the fact that Arizona is part of the United States, at least not exactly.

"We're not seceding,' she said. "We're looking at nullifying laws coming from the federal government that are mandates that are not constitutional.'

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