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Tag Archive: Anti-Commandeering Doctrine


Arizona Voters Approve Proposition To Reject Federal Acts

 

 

 

 

 

 

” Today, voters in Arizona approved a ballot measure that follows James Madison’s advice to stop federal overreach. With 80% reporting, the tally held steady and increasing at 51-49%.

  Approved was Proposition 122, a state constitutional amendment that enshrines the anti-commandeering doctrine in the state constitution. The language amends the state constitution to give Arizona the ability to “exercise its sovereign authority to restrict the actions of its personnel and the use of its financial resources to purposes that are consistent with the Constitution.”

This language is consistent with the advice of James Madison, who wrote in Federalist #46:

  Should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the Union; the frowns of the executive magistracy of the State; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any State, difficulties not to be despised; would form, in a large State, very serious impediments; and where the sentiments of several adjoining States happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter. [emphasis added] “

 

Tenth Amendment Center

 

 

 

 

 

 

 

 

 

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Arizona Legislators Join Florida In Effort To Virtually Nullify All Federal Gun Laws

 

Arizona SB1294

 

” The campaign to stop federal violations of the Second Amendment at the state and local level got two big boosts late last week with the introduction of the Second Amendment Preservation Act in Arizona and an important endorsement for a similar bill pending in Florida.

  Along with eight other sponsors, Arizona state Senator Kelli Ward introduced the Second Amendment Preservation Act in the Grand Canyon State. SB1294 prohibits the state from enforcing “any federal act, law, order, rule or regulation that relates to a personal firearm, firearm accessory or ammunition within the limits of this state.”

“ We’ve sat back and allowed the federal government to trample the Constitution long enough,” Ward said. “We’re going to pass this bill and stop the state of Arizona from helping the feds violate your rights.”

  The legislation rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot “commandeer” or coerce states into implementing or enforcing federal acts or regulations – constitutional or not. The anti-commandeering doctrine rests primarily on four Supreme Court cases dating back to 1842. The 1997 case, Printz v. US, serves as the modern cornerstone.”

ACTION ITEMS

” If you live in Arizona:  take action to support SB1294 HERE.

If you live in Florida: take action to support HB733 HERE.

All other other states: take action to get your state on board, and protect the 2nd Amendment HERE. “

You can read the bill here while the Tenth Amendment Center has more on the story .

    For more on the state’s efforts to rein in rampant Federal overreach check out the links below . There are movements and proposed legislation in nearly two dozen states in the works as of this writing with the express goal of reasserting our founding principles of State’s rights , limited government and strict adherence to our Constitution .

States may bind together to fight federal gun laws
Nullification: How States Are Making It a Felony to Enforce Federal Gun Laws
PRO-GUN LAWMAKERS EYE STATE-BY-STATE STRATEGY TO NULLIFY FEDERAL GUN-CONTROL STATUTES
Missouri joins other states in attempt to nullify federal gun laws

Nullification : The Time Has Come

 

 

“All powers not delegated to the United States by the Constitution . . . are reserved to the States respectively, or to the people.”