I am still in amazement that the public officials that we put in power are still so ignorant of simple government class principles. Perhaps due to all the education that they have been cutting over the last few years, they neglected to take that class. I am astounded that they simply do not understand Constitutional principles and precedents. Article I, Section 8 specifically gives the power to Congress to "establish an uniform Rule of Naturalization,. . . " and of course clause 3: "to make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any department of Officer thereof:" Then of course there is Article VI (aka the Supremacy Clause)
Then there is the whole Nullification Controversy under President Andrew Jackson who established the idea (and Lincoln acknowledged) that the Union was perpetual. Hence, This whole notion of trying to nullify federal laws that the states don't like is utter nonsense. All laws enacted by Congress
Then there are two Amendments that we need to think about Amendment 9 and 10. We tend to forget 9. This Amendment states that the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. At the same time Amendment 10 "powers not delegated to the united States by the Constitution, nor prohibited by it to the States, are reserved to the States or to the People" Hence, all these powers that the State of Arizona wants to nullify, they cannot because the state is denied that power by the Constitution. It has some concurrent powers with the federal government, but it does not have the power to nullify federal law.
Arizona Senate Passes Bill To Let State Nullify Federal Laws
Jillian Rayfield | March 4, 2011, 10:18AM
State Senator Russell Pearce (R-AZ)Share
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After being shot down earlier this week, the Arizona State Senate revived and successfully passed a bill that would create a mechanism for the state to nullify federal laws.
As TPM has reported, Senate Bill 1433 would create a 12-person "Joint Legislative Committee on Nullification of Federal Laws," which would "recommend, propose and call for a vote by simple majority to nullify in its entirety a specific federal law or regulation that is outside the scope of the powers delegated by the People to the federal government in the United States Constitution."
The bill passed the Senate 16-11 after three Republicans switched their vote.
Iowa passed a similar bill in its House last month, though that bill specified that the state would not be required to follow the individual mandate in the health care reform law. The Arizona bill gives the committee more broad powers to review "all existing federal statutes, mandates and Executive orders for the purpose of determining their constitutionality."
But State Senate President Russell Pearce (R) -- who introduced the bill, and also sponsored the state's controversial immigration law -- implied that health care reform was at least part of the impetus for the law: "If we don't take back our sovereign ability for the states to control the federal government, I guess we have no right to complain," he said, the Arizona Republic reports. "I guess 'Obamacare' is OK for you."
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