Monday, November 10, 2014
Arizona voters approve anit-Fed proposition
Reflecting disapproval of federal border and immigration control and other unpopular legislation, voters in Arizona approved a state constitutional amendment that would allow the state to withhold money and staffing in carrying out any program the legislature or voters deem unconstitutional. I understand the frustration, but ultimately, the federal courts will decided what is unconstitutional or not. Of course, this legislation provides the basis for litigation in each case. It raises interesting issues of state sovereignty, nullification, federalism, etc. See the article for more detail, background and history of similar proposals. Obama's departure in 2016 and Republicans now taking over both Houses of Congress may eventually (and for the short term at least) lessen use of this state constitutional amendment.
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According to the anti-federalist writer "Brutus" in 1788;
ReplyDelete" ...the judicial power of the United States under the first clause of the second section of article eight, would be authorized to explain the constitution, not only according to its letter, but according to its spirit and intention; and having this power, they would strongly incline to give it such a construction as to extend the powers of the general government, as much as possible, to the diminution, and finally to the destruction, of that of the respective states."
The constitution's added tenth amendment in 1791 was suppose to counter such egregious overreach by central government. Instead, progressive politicos have shamelessly trashed the very hallmark of America's federalism.
44:
ReplyDeleteThanks for the comment. Agreed. However, 2 additional points. Later amendments (e,g,,13th, 14th and 15th) gave the feds additional power. Historically, too many state leaders got hooked on fed $ and sold out the principle of federalism.