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State Voted to Make Felons of Officials Who Try To Enforce Federal Laws On What Lawmakers Here Consider to be Local Concern

http://stream.publicbroadcasting.net/production/mp3/knau/local-knau-953310.mp3

Phoenix, AZ – The fight is over a provision of the U.S. Constitution which
gives Congress exclusive power over interstate commerce. Sen.
Sylvia Allen of Snowflake said there was a clear understanding of
what that entailed, at least until the 1940s when agricultural
officials in the Roosevelt administration told an Ohio farmer his
wheat production was subject to federal regulations.

(This farmer says I don't need to listen because I'm not selling
my wheat outside my state, I'm feeding it to my animals. Well, he
had a court that was stacked. And the court ruled against this
farmer. And ever since that day, the feds think that they can do
anything they want that's inside a state. And that's not the
commerce clause. That's not the original intent of the
constitution.)

Allen said the result has been a string of federal laws and
regulations that now govern not just agriculture but everything
from guns and low-flow toilets to even a law that eventually will
make it illegal to purchase incandescent light bulbs. Her
legislation spells out that all service performed in the state,
and all goods grown or made here for consumption within Arizona -
- quote -- are not subject to the authority of Congress under its
constitutional power to regulate commerce among the several
states. But this is not just a protest statement. The bill says
any federal agent or employee who attempts to enforce any federal
act, rule or regulation over these activities is guilty of a
Class 6 felony. While the measure does not seek jail time, it
allows fines of up to $2,000.

(If we don't show that we're serious about this, then how is the
federal government going to respect us in it at all? Instead,
they come into our state and they fine us. They come into and
fine our businesses and fine our citizens and fine our farmers.)

If nothing else, Allen said this kind of law will, in her words,
open up a dialog with federal officials. She conceded, though,
that 'dialog' is likely to occur in front of a judge. Phoenix
Rep. Kyrsten Sinema said the legislation makes no sense.

(There is legitimate arguments about whether the federal
government has overstepped its authority in some areas. But this
kind of legislation is not the proper remedy. The more
appropriate remedy would be, number 1, to challenge those federal
statutes in court with plaintiffs who have justifiable issues.
Number 2, run for Congress yourself and scale back federal
legislation.)

And Sinema said even if Allen's legislation is not illegal -- at
least in her view -- there is a more practical reason why the
federal government needs to be allowed broad authority to
regulate manufactured and agricultural products. She said once
something leaves a plant or farm, there is no way for the
producer to guarantee that it will remain within the state. This
isn't the only challenge state lawmakers are making to federal
authority. In separate action Thursday, a Senate committee voted
to set up a procedure to void any federal act the Legislature
considers illegal. And once that happened, the legislation says -
- quote -- this state and its citizens shall not recognize or be
obligated to live under the statute, mandate or executive order.
For Arizona Public Radio this is Howard Fischer.