REFERENCE TITLE: declaration of emergency; state authority

State of Arizona Senate Fiftieth Legislature Second Regular Session 2012

SCR 1008

Introduced by Senators Allen, Griffin, Klein, Melvin, Murphy: Representatives Crandell, Gowan, Harper, Proud

 

A concurrent RESOLUTION

 

declaring an emergency in the state of arizona and proclaiming arizona's sovereignty.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Whereas, on February 14, 1912, Arizona joined the union of states (37 Stat. 1728).  Article I of the Constitution of Arizona defined the borders and jurisdiction of the State of Arizona as all the lands within the defined borders unless reserved, which includes the Indian lands and those areas specified under Article I, section 8, clause 17, Constitution of the United States, that have been ceded by the Arizona Legislature and accepted by the United States Congress; and

Whereas, in the exercise of these powers, the people of Arizona declare emergencies as to the threat to health, welfare and safety along the southern border of Arizona by the unlawful activity of powers foreign and criminal that threaten the safety and welfare of citizens of Arizona; and

Whereas, the people of Arizona in and through their elected public officials further declare an emergency within the forest reserves due to mismanagement of these resources that threatens the health, welfare and safety of the citizens who live and work within these reserves.  This was demonstrated by the Bear Wallow Fire that destroyed the economic viability of those communities in the vicinity of the fire as well as the health, safety and property of the citizens of Arizona; and

Whereas, under Article II, section 3, Constitution of Arizona, the citizens of Arizona recognize that the United States Constitution is the highest law of the land.  Under Article IV, section 3, clause 1, United States Constitution, known as the doctrine of equality of states, Arizona joined the union under the equal footing doctrine with full legislative authority; and

Whereas, under Article II, section 2, Constitution of Arizona, the citizens of Arizona recognize that "All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights."  Public elected officials of the State of Arizona have the duty to protect and maintain these rights; and

Whereas, under the Tenth Amendment of the United States Constitution, the State of Arizona has reserved these rights to regulate and protect under the "police powers" of the states; and

Whereas, under the United States Constitution and pursuant to the decision of the United States Supreme Court in Coyle v. Smith, 221 U.S. 559 (1911), any part of the Enabling Act in the Arizona Constitution that would expand the authority of the federal government would be considered contrary to the United States Constitution and as such is not applicable and is unconstitutional.

Therefore

Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

That the Legislature declares an emergency within the borders of the State of Arizona and, in order to protect the health, welfare and safety of Arizona's citizens, notifies all federal agencies with implied de facto authority that due to lack of congressional oversight and the violations of trust with their disregard for strict compliance with the acts of Congress, the State of Arizona will be exercising its right of sovereignty over soil within its boundaries.