State senators voted Thursday to let lawmakers nullify federal laws -- but not before refusing to give Pima County permission to secede to avoid all the embarrassment.

The measure, given preliminary approval on a voice vote, would set up a committee empowered to review all past and future federal actions to determine whether they are constitutional. That panel's recommendations of unconstitutionality would go to the full Legislature.

It would take only a simple majority of lawmakers to declare the action null and void. And if that happens, "this state and its citizens shall not recognize or be obligated to live under the statute, mandate or executive order.''

Sen. Lori Klein, R-Anthem, said the U.S. Constitution gives the federal government only limited powers.

"This gives our body the ability to look at Obamacare and some other things that actually will throw this state into the Third World country that we don't want to be,'' she said. Klein said federal mandates are "actually bankrupting with some of the laws that are being passed that I would deem to say are unconstitutional.''

Sen. Paula Aboud, D-Tucson, chose not to try to block SB 1433 which has strong Republican support, including that of Senate President Russell Pearce. Instead, she sought to amend it to say that the moment this law takes effect, the Pima County Board of Supervisors "may act to have the county secede from the jurisdiction of this state.''

Aboud said Pima County residents really do want to remain part of Arizona.

"But we don't want to be part of this state that continues to embarrass Arizona,'' she said. "The point is, our business community is hurting because of the reactions brought upon by this body.''

She pointed out that business lobbyists testified earlier this week against legislation to define who is a citizen of the state and the nation.

That measure, awaiting Senate action, is designed to force the U.S. Supreme Court to decide whether the 14th Amendment entitles anyone born in U.S. soil to automatic citizenship. Glenn Hamer, president of the Arizona Chamber of Commerce and Industry, said these kind of bills undermine efforts to promote tourism and convince firms to move to Arizona.

"The business community was ridiculed for their opposition to immigration legislation, ridiculed because they were asking for a little peace so that this economy can recover so Arizona can regain its stature and dignity,'' Aboud said.

But the Senate, on a voice vote, killed her plan.

The vote is largely irrelevant, as it is Congress, and not the Legislature or any county's board of supervisors, which gets to create new states.

Despite that, business interests in Pima County are making noise about seeking their own state, though which areas would want to secede and which would not remains unclear. But the chances of getting the other states to approve -- and to give Southern Arizona two seats in the U.S. Senate -- is virtually nil.

A final roll-call vote on SB 1433 will send it to the House.

(4) comments


Goood, So now the Feds should pull all Federal Aid, national gaurd, and anything else the federal gov pays for in AZ.

Your on your own AZ see how long you last.


A rose by any other name, laws which we don't like, and regulations with which our leaders take exception. We should not have to do what others think is right, we're from Arizona. How to lose money, hand over fist, let me count the ways! Next step, since the feds are wasting so much money, how about we send out federal taxes to the State: pass that one Pearce!!

Dale Whiting

Where in the Constitution or other code does it permit States to nulify Federal Law? Nowhere!

Should a state believe a Federal law oversteps Constitutional boundaries, the States have recourse to Federal Court to get a decision re-affirming or rejecting their position.

This legislation is an absolute waste of time and money! it is monkey business! At best it is a provision to "give the finger" to the Feds so that they can bring suit first. At the worst, it puts the Feds on notice to see if a particular state is acting inconsistently with Federal Law. This would remove any doubt about intentional non-compliance.

Could any attorney recommend a state do such a stupid thing? No doubt some did, particularly those who may have been paid to draft this legislation.

Forest Gump said it best. "Stupid is as stupid does!" And our state legislators undoubtedly are stupid. Those of us who elected them are nearly as stupid.


I smell civil war?

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