By Gary Grado | Arizona Capitol Times
Arizona lawmakers often walk a fine line between passing bills that are legal and enacting ones that turn out to be unconstitutional.
Last year, for example, Gov. Jan Brewer vetoed SB1332, which demanded that the United States transfer title to all public lands in Arizona to the state. The law violated Article IV of the U.S. Constitution, the governor concluded.
This year, the Legislature has struggled again with the question of whether to pursue legislation aggressively and let the courts settle the constitutional questions. For example, SCR1016, sponsored by Sen. Chester Crandell, R-Heber, would give Arizona the authority to declare its sovereignty to an overreaching federal government by rejecting federal actions considered improper.
Crandell has said the measure is essential to protecting Arizonans’ rights. Critics have said it once again goes too far to usurping the authority of the U.S. Constitution and risks subjecting the state to ridicule. So far, the measure has been approved by the state Senate.
Such constitutional questions are being tested throughout the country.
