State to feds …you are criminals if you try and enforce federal laws in Arizona

From the Arizona Daily Star:

Bill would criminalize enforcement of some rules by US officials
State Senate makes effort to thwart federal authority

PHOENIX – The Arizona Senate voted Thursday to make felons of officials who try to enforce federal laws on what lawmakers here consider to be matters of strictly local concern.

SB 1178 spells out that all service performed in the state, and all goods grown or made here for consumption within Arizona, “are not subject to the authority of Congress under its constitutional power to regulate commerce among the several states.” Sen. Sylvia Allen, R-Snowflake, said that includes everything from wheat and lettuce to toilets, light bulbs and guns, if manufactured, sold and used entirely within Arizona.

More….

Here’s the bill:

SB 1178

Be it enacted by the Legislature of the State of Arizona:Section 1.  Title 44, Arizona Revised Statutes, is amended by adding chapter 35, to read:

CHAPTER 35

INTRASTATE COMMERCE ACT

ARTICLE 1.  GENERAL PROVISIONS

44-7801.  State goods and services not subject to congressional authority under commerce clause power

A.  All goods grown, manufactured or made in this state and all services performed in this state when the goods or services are sold, maintained or retained in this state are not subject to the authority of Congress under its constitutional power to regulate commerce among the several states.

B.  This chapter applies to goods and services that are produced and retained in this state after the effective date of this chapter.

44-7802.  Violation; classification

A.  Any official, agent or employee of the United States government or any employee of an entity providing services to the United States government who enforces or attempts to enforce an act, order, law, statute, rule or regulation of the United States government in violation of this chapter is guilty of a class 6 felony, except that any fine imposed shall not exceed two thousand dollars.

B.  Any public officer or employee of this state who enforces or attempts to enforce an act, order, law, statute, rule or regulation of the United States government in violation of this chapter is guilty of a class 1 misdemeanor, except that any fine imposed shall not exceed five hundred dollars.

Sec. 2.  Legislative findings

The legislature finds that:

1.  The Tenth Amendment to the Constitution of the United States codifies in law that the only powers that the federal government may exercise are those that have been delegated to it in the Constitution of the United States.

2.  The Ninth Amendment to the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people of this state those rights.

3.  Under article I, section 8, clause 3 of the Constitution of the United States, the federal government is empowered to regulate commerce among the several states.

4.  The power to regulate intrastate commerce is reserved to the state or the people under the Ninth and Tenth Amendments to the Constitution of the United States.

5.  During the constitutional convention, the founders considered a plan that would have authorized the federal government to not only regulate commerce among the several states, but also any activity having spillover effects across state lines.  They rejected it.

Sec. 3.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.

 

Do you think it getting to be time…

Note: there are several graphics for a Free Baja Arizona bumper sticker (above is one) …need a non-profit group to produce and distribute them and keep whatever is made for the good cause.

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About Hugh Holub

Attorney and writer.
This entry was posted in 51st state, arizona politics, baja arizona, free baja arizona. Bookmark the permalink.

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