Home > civil liberties, nanny state, Nullification, Tenth Amendment > Nullification Momentum Grows

Nullification Momentum Grows


Today’s Freedom’s Phoeinx had an item from the Tenth Amendment Center on an Arizona effort to nullify Cap and Trade.  According to the Article Arizona State Senators Allen, Gould and Grey are the primary sponsors for Senate Concurrent Resolution (SCR) 1050.

SCR 1050  ,known as “the Freedom to Breath Act”,  would make it illegal to enforce federal Cap and Trade Legislation.  Here is some language from SCR 1050

41-1294.  Authority over greenhouse gases Notwithstanding any federal law or regulation, this state, through the legislature, has exclusive authority to regulate anthropogenic emissions of carbon dioxide and other greenhouse gases and substances produced by mechanical or chemical processes, including agricultural operations and waste operations.

“Notwithstanding any federal law..”  now that’s positively inspiring.  I wonder if there is anyone in the New York State Legislature that even think about ever invoking the Tenth Amendment.  It gets better.

1.  The Tenth Amendment to the United States Constitution guarantees and reserves to the states and their people all powers not granted to the federal government elsewhere in the Constitution as they were understood at the time that the amendment was ratified on December 15, 1791, subject only to modification by duly ratified subsequent amendments to the United States Constitution.  The guaranty of those powers is a matter of compact between the state and people of Arizona and the United States as of the time that Arizona was admitted to statehood on February 14, 1912. 

2.  As a matter of compact between the state and people of Arizona and the United States as of the time that Arizona was admitted to statehood, the Tenth Amendment to the United States Constitution guarantees to the state and people of Arizona that Congress and the federal government will not exercise any purported power under article I, section 8 of the United States Constitution (the “Enumerated Powers”) except in accordance with its meaning and understanding at the time the United States Constitution was ratified on June 21, 1788, subject only to modification by duly ratified subsequent amendments to the United States Constitution.

Be still my heart.  The Act goes on to interpret the Tenth Amedment and other parts of the Constitution and it refers to the Compact between the state and the people of Arizona and the Unites States as the basis of the realtionship for any authority the federal government might have.  Check out Compact Theory  here.

The Tenth Amendment Center has this very nifty map that tracks the progress of Cap and Trade nullification legislation.  Arizona is the fourth state to introduce such legislation.

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