As you well know, the argument about states’ rights versus federal authority is as old as the USA. It was one of the most contentious issues during the writing of the Constitution, and it has periodically reared its head in the years since.

Your proposed HB2252 is among the latest attempts to assert a state overruling federal authority. It states that "This state declares that all regulations imposed in this state by the U.S. Bureau of Land Mangement or any other federal agency before, on or after July 1 2020 are void and of no effect in this state." 

If your bill is enacted into Arizona law, you may have succeeded in setting a legal precedent beyond your intention. For example, take one of your racist colleagues. It doesn’t matter whom, you have many from which to choose.

This colleague decides that it would be a good idea for Arizona to ignore, say, the 14th and 15th Amendments. With your bill on the books, what’s to stop this from happening? Would you be OK with having to use ‘separate but equal’ facilities, accommodations, etc. or not being able to vote?

You know racism in the USA is on the rise, which increasingly takes the form of violence against people of color. This dangerous trend has had the tacit support, when not the open encouragement, of President Trump. The rest of his party, for whatever reason, has decided to go along with anything the man says or does, as we recently witnessed in the shameful vote for acquittal in the US Senate. Therefore, we can expect the violence to continue to grow in frequency and intensity.

I suggest to you that your bill, however inadvertently, potentially opens the door for all sorts of legal violence. I am not sure you want this to be a part of your legislative legacy. I certainly hope not!

Respectfully,

John Stuckey

Pinetop

(1) comment

Debra Gibson

If this bill were passed it would cost the Arizona tax payers thousands of dollars as it would surely be challenged in court at all levels until reaching The Supreme Court. While in theory a State may nullify Federal Law they must be able to show that the Federal Law is unconstitutional. The Supreme Court has never upheld the States challenge in previous occurrences. A complete waste of money!

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