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Jeff Biggers

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Arizona Gone Wild: Does New Bill Give State the Right to Overthrow Federal Government?

Posted: 02/ 4/11 04:28 PM ET

How did this latest episode in "Arizona Tea Party Gone Wild" get by the state's attorney general Tom Horne?

While the Canadian immigrant Tom Horne has been obsessed with banning Tucson Unified School District's academically successful Mexican American Studies program for allegedly promoting "the overthrow of the United States government" and "resentment toward a race or class of people," the state's Senate President Russel Pearce and his Tea Party legislators introduced a bill this week to grant a committee the right to nullify "existing federal statutes, mandates and executive orders."

Or, as long-time Arizona Republic columnist E.J. Montini notes, it gives Arizona the right "to secede without officially doing so."

Less than a month since President Obama made his widely praised speech in Tucson after the tragic shooting of US Rep. Gabby Giffords, reminding the nation that "together we thrive," Arizona's fringe Tea Party in control of the legislature has made good on its promise to challenge the feds at the state's border.

Under the guise of "respecting" the US Constitution, the new bill paradoxically adds for good measure: "This state and its citizens shall not recognize or be obligated to live under the statute, mandate or executive order."

In effect, as Phoenix's KPHO-TV reports, this bill would "allow a committee of 12 people -- six from the House and six from the Senate -- to recommend to the full Legislature which laws they think are unconstitutional."

Alongside Gov. Jan Brewer, Senate President Pearce obviously revels in defying federal authority and laws. From immigrant policy to international jurisdiction to health care and Medicaid requirements to gun laws, the Arizona radicals are infamous for playing "chicken with the Obama administration." Last fall, Pearce joked that President Obama, who was waging "jihad"on the country, couldn't visit the state because he lacked birth papers.

The Phoenix New Times ran a eyebrow-raising story last December that traced Pearce's close association with a well-known neo-Nazi activist in Arizona.

With Pearce and his Tea Party cadre firmly in control of the Arizona legislature, this new bill is hardly being treated as another bizarre episode in extremism by Arizona's residents and observers.

Time magazine observer Nathan Thornburgh recently concluded: "The current leadership appears singularly unfit to tackle these challenges."

As I wrote earlier this month, Attorney General Robert F. Kennedy dealt with a similar state rebellion in 1963 over Civil Rights, when he admonished the Senate Judiciary Committee:

States' rights, as our forefathers conceived it, was a protection of the right of the individual citizen. Those who preach most frequently about states' rights today are not seeking the protection of the individual citizen, but his exploitation. . . . The time is long past - if indeed it ever existed - when we should permit the noble concept of States' rights to be betrayed and corrupted into a slogan to hide the bald denial of American rights, of civil rights, and of human rights."


In the first days of Black History Month, with their state ranking at the bottom of health care and education charts, facing a multibillion dollar deficit, Arizonans are wondering how far their state's radical leadership will go before an incident triggers federal intervention on the level of Little Rock, Arkansas in 1957.

Tune in to "Arizona Gone Wild" next week for the answer.

 
 
 
 
 
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HUFFPOST BLOGGER
rtgmath
There has got to be a better way!
01:13 AM on 02/07/2011
The question is if nullification efforts will result in a Second Civil War. Perhaps a better solution would be to take these states that are promoting secessionist causes and send their representatives and Senators home from Washington. Discontinue all Federal payments to their citizens, remove all military bases from the states, discontinue postal service, set up checkpoints to treat their citizens as foreign nationals and require passports, etc.

And let them sweat. In a couple of months, a year at most, the public would have revolted from the Tea Potty leaders. We could accept them back as US Territories instead of States, with limited voting rights.

After all, they want their independence. Why not give it to them and let them see if they like it?
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HUFFPOST SUPER USER
Mikecoatl
04:44 AM on 02/07/2011
If Obama allows this to go unchallenged, we're all doomed.
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HUFFPOST SUPER USER
BrianPK80
Wisdom is having more questions than answers.
05:33 PM on 02/07/2011
I like your thinking but would add that if these territories become nation states, they would need to be reconquered. All nations seek to expand their territory and the United States would be more than happy to absorb a little nation called Arizona on the American continent. Once reconquered, the rebellious states can exist as subservient colonies to the U.S. It's not like it would ever get to the point where Mississippi has an embassy in France, yeah? :-)
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HUFFPOST SUPER USER
Captain Ron
Sí, se puede!
12:47 AM on 02/07/2011
"While the Canadian immigrant Tom Horne has been obsessed with banning Tucson Unified School District's academically successful Mexican American Studies program for allegedly promoting "the overthrow of the United States government" and "resentment toward a race or class of people..."

Reading many posts on HP, you can see how well this Mex Amer Studies brainwashing has been so successful. So many people want to see America taken down.
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HUFFPOST SUPER USER
FogBelter
Illegitimis non carborundum
07:39 PM on 02/06/2011
A lot of Right Wingers like to use their veneration of the Constitution as a way to further an agenda that generally shows a complete lack of understanding of and contempt for the Constitution.
HUFFPOST PUNDIT
hrpmap
Retired man still active..
07:47 PM on 02/06/2011
Ever bothered to read the specific enumeration of federal powers and then read the 9nth and 10nth amendments? Appaerntly not.
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HUFFPOST SUPER USER
FogBelter
Illegitimis non carborundum
08:22 PM on 02/06/2011
Then you are saying the National Highway System is unconstitutional? I don't see anyplace in the 9th or 10th Amendment that mentions automobiles or the right of the US Government to build and support a highway system for them. Is it acceptable to you that the National Highway System be abandoned and allowed to revert to natural state leaving cars and trucks to simply have make do with whatever roads they can find that are passable as they travel across the country? Being Fundamentalist on the 9th and 10th Amendment would have to support that conclusion.

The Founding Fathers never mentioned Automobiles in the US Constitution so anyway the US Government supports their use would have to be unconstitutional, unless you can show me where it clearly states directly that providing support for the use of automobiles is an enumerated power.
07:37 PM on 02/06/2011
I think it would be a really good idea to close Arizona's border with the USA and have the Commander in Chief send a clear message to Mexico that we won't interfere if they want to reclaim Arizona. Arizona doesn't want to be part of thje USA anyway
HUFFPOST PUNDIT
hrpmap
Retired man still active..
07:48 PM on 02/06/2011
Hasn't he already done that in effect? AZ is under siege from the south and he refuses to help them.
03:03 AM on 02/07/2011
Under siege? Really? Oh! That's right, there were all those headless bodies turning up in the desert that Arizona's Governor pointed out. This turned out to be false. Fear mongering.

Not to mention all the military buildup along the border strangling Arizona's economy, leadership, food supply... oh wait... You meant the 'other' under siege. The one where... oh forget it.
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09:51 PM on 02/06/2011
A better choice there would be for Obama to say, in recognition of the misdeeds of the early US, Arizona will now be given back to the 21(?) tribes who's land Arizona belongs to.
HUFFPOST PUNDIT
hrpmap
Retired man still active..
08:53 AM on 02/07/2011
What and let the tribes go back to waring with each other again over who owns the waterhole?
HUFFPOST SUPER USER
myrtle1909
I am an artist and a free lance writer
03:24 PM on 02/06/2011
Is it 1860? Did I sleep all of those years or is this just a bad dream.
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HUFFPOST SUPER USER
Jim Milks
Ecologist
08:53 AM on 02/06/2011
'the right to nullify "existing federal statutes, mandates and executive orders."'

Wasn't this question settled by the Civil War and various court rulings during the Civil Rights era? Oh, wait, they don't believe in any history other than their own make-believe history. Quite ironic that the party that fought the Civil War against states' rights is now at the forefront of the states' rights movement.

Go ahead and waste your time, Arizona. That law will be declared unconstitutional the minute it is challenged.
09:43 AM on 02/06/2011
Is Arizona actually a real State? I've thought it was a movie set for westerns.
HUFFPOST SUPER USER
leggs67
04:31 PM on 02/07/2011
> Wasn't this question settled by the Civil War ...
The problem is that you have to be both intelligent and educated to know that.
02:20 AM on 02/06/2011
Obama keeps turning his back on everything that he campaigned to please these fellas and yet they still ask for more. And why shouldn't they? Obama's has a legendary track record of giving the opposing side everything they want just so they'll have a beer with him.
11:55 PM on 02/05/2011
The President needs to deal firmly with Arizona. What Arizona is doing is treason. Jackson was firm with S.Carolina in the 1830's when they attempted nullification and Obama needs to do the same.
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azlegalcitizen
INDEPENDENT
02:33 AM on 02/06/2011
A state cannot commit treason.
07:39 PM on 02/06/2011
No, but Russell Pearce certainly can
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toocoolfoschool1234
Stab your television. Get a guitar.
10:42 PM on 02/06/2011
I seem to remember around 45% of our state voting for obama.
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schotts
Strength and Honor
11:05 PM on 02/05/2011
A lot of comments to the effect of kicking Arizona out of the union. That reminds me of the "my dad can beat up your dad" arguments when I was in 3rd grade.

Really?
07:54 PM on 02/05/2011
We should let the tea baggers have Ariz and help with the relocation of anyone who wants out , the rest of the country doesn't have to allow them use of airspace or interstate transport or trade or water rights from rivers and streams that start in other states .
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schotts
Strength and Honor
10:57 PM on 02/05/2011
there are a lot more of them than you give credit
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BBackSoon
Hello, I must be going.
12:34 PM on 02/06/2011
A lot of people enjoy pro-wrestling also.
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looneydoone
not a "cookie"
12:26 PM on 02/06/2011
X2 CptFreakout
Passports required to visit Arizona, Visitor Visa's required to leave the Arizona Territory
07:52 PM on 02/05/2011
"SOME" Arizonans are wondering, and worrying, how far those in power will go. The majority of Arizonans voted for these people and are hoping they succeed AND secede.

I am NOT one of the minority, here only for now to be near my very elderly parents who, unfortunately, retired here long ago.
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HUFFPOST SUPER USER
onegandolf1
02:49 PM on 02/05/2011
Sounds as if they are dareing the Feds to turn off the money flow.
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okim5150
I only drink to make you more interesting
10:50 AM on 02/05/2011
They are just trying to keep the people distracted from the fact that they have no idea what to do about their deficit or the other real problems that their State is facing.
HUFFPOST SUPER USER
dpmol
10:37 AM on 02/05/2011
why don't all these ridiculous states (e.g. S.C., Fla., Texas, etc.) just secede & get it over with. i say, good riddance!
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nofriendofrepublicans
Mother friendly.
02:39 PM on 02/05/2011
Wait a minute there buckaroo, I live in Florida & just because our state has been hijacked by some right wing banana republicans doesn't mean we want to secede.
02:22 AM on 02/06/2011
And lose all their pork projects and obselete military bases funded by Northern tax dollars? Never in a million years.
09:17 AM on 02/05/2011
"I consider, then, the power to annul a law of the United States, assumed by one state, incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed."

-Andrew Jackson: "Proclamation to the People of South Carolina"
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okim5150
I only drink to make you more interesting
10:48 AM on 02/05/2011
Fanned!
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HUFFPOST SUPER USER
Mikecoatl
04:43 AM on 02/07/2011
And Jackson was a Southern slave owner! Who knew the GOBP could be to the right of Andrew Jackson?