PHOENIX, Arizona - February 3, 2011 - Members of the Arizona Legislature, led by Republican Senate President Russell Pearce, have introduced a bill that attempts to grant the state the power to ignore federal laws it does not want to comply with.
If passed and signed into law, Senate Bill 1433 would create a 12-member committee within the state Legislature with the power to review and recommend to the full Legislature laws they think are unconstitutional. The full Legislature would then have the power to nullify the federal statute by a majority vote.
"The committee shall 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 reads. "The committee shall make its recommendation within thirty days after receiving the federal legislation for consideration and process."
According to the bill, "no authority has ever been given to the legislative branch, the executive branch or the judicial branch of the federal government to preempt state legislation."
The legality of the proposed legislation is questionable, as it runs counter to Article VI, Clause 2 and the 14th Amendment of the United States Constitution, which have been interpreted as making federal law trump state law.
