State Capitol News
Thu February 17, 2011
Senate Panel Votes to for Procedures for State to Avoid Federal Laws and Regulations they Believe to be Unconstitutional
Phoenix, AZ – The proposal would empower a committee of lawmakers to review any
federal measure, no matter how long it has been in effect. If the
panel concludes the issue exceeds federal authority, the
Legislature would have 60 days to decide whether to nullify it.
Once that happened, the proposal says -- quote -- this state and
its citizens shall not recognize or be obligated to live under
the statute, mandate or executive order. Sen. Lori Klein said the
legislation is necessary.
((It) positions our state Legislature to protect and preserve for
the people of our state freedom from federal executive,
legislative and judicial tyranny.)
While the measure does authorize lawmakers to nullify federal
laws, attorney Ted Naeckel suggested to committee members that
they might not want to call this 'nullification.' He pointed out
-- and the bill acknowledges -- the ultimate authority of the
U.S. Supreme Court to decide the validity of any federal action.
(This bill is calling for a mechanized process to help the
Legislature examine and determine what the federal government has
actually done, which is what you should have done for the last 50
years, frankly. It's your obligation to find out what you're
agreeing to or what you're being forced to do.)
And Naeckel said the nation's high court has a constitutional
obligation to hear disputes between states and the federal
government. For Arizona Public Radio this is Howard Fischer.