Courts

Russell Pearce’s Fantasy Dictatorship, and John Kavanagh as Josephine

Jared Lee Loughner should run for the Arizona state Legislature. He'd feel right at home, particularly amongst the Russell Pearce Republicans, who are so delusional and high on their own supply right now that I'm half expecting to see state Senate President Pearce dressed up as Napoleon next time I...
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Jared Lee Loughner should run for the Arizona state Legislature. He’d feel right at home, particularly amongst the Russell Pearce Republicans, who are so delusional and high on their own supply right now that I’m half expecting to see state Senate President Pearce dressed up as Napoleon next time I head down to the Capitol.

Pearce’s pal State Representative John Kavanagh? All he needs is an Empire dress and a frilly slip, and he can play Josephine to Pearce’s Little Corporal. Maybe he’ll carry concealed in a dainty lace garter. Zut alors!

Representative Carl Seel can play Pearce’s 18th Century footstool. And state Senator Ron Gould? Pearce’s fancypants valet, natch.

All this comes to mind in the wake of various proposed dingbat laws that would: 1) exempt Arizona from international law; 2) require federal agencies to register with the local sheriff; 3) undermine the 14th Amendment of the U.S. Constitution; and 4) grant the Legislature the power to — magically — “nullify” any federal laws that legislators believe have gone too far.

If you don’t believe the last one, check the suggested language for yourself below.

Can they do this, you might ask? Well, no. Federal law trumps state law. And the feds are not going to stop enforcing federal law just because Pearce and the nudniks at the state Legislature order them to do otherwise. So here we go with another meaningless, waste of time bill. That is, unless Pearce is ready to call up the Arizona National Guard and declare war on the federal gub’mint.

Kind of reminds me of the Emperor Caligula wanting to make his horse Incitatus a Roman consul. What’s next? Will Pearce declare himself Sultan of Sand Land? Anoint himself Allah and pardon his fugitive son Joshua Pearce, who currently has a bench warrant out on him?

Hey, in the state of crazy that is Arizona, the loonies run the asylum a la Marat/Sade. Sadly, I may have just given Pearce and his Republinuts an idea or two.

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From SB 1433:

A.  The joint
legislative committee on nullification of federal laws is established
consisting of the president of the senate or the president’s designee, who
serves as cochairperson, six members of the senate who are appointed by the
president of the senate, the speaker of the house of representatives or the
speaker’s designee who serves as cochairperson and six members of the house of
representatives who are appointed by the speaker of the house of
representatives.  No more than four members of the senate and no more
than four members of the house of representatives may be from the same
political party.  Members shall serve two year terms beginning and
ending on the convening of the regular session of the legislature each odd‑numbered
year.

B.   A
majority of the members constitute a quorum for the transaction of
business.  The committee shall meet on the call of either
cochairperson.

C.  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 committee shall make its recommendation
within thirty days after receiving the federal legislation for consideration
and process.

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D.  The
committee may review all existing federal statutes, mandates and Executive
orders for the purpose of determining their constitutionality. The committee
may recommend for nullification existing federal statutes, mandates and
Executive orders enacted before the effective date of this section.

E.  On the
committee’s recommendation for nullification, the legislature shall vote
on whether to nullify the action within sixty days after the
committee’s
recommendation.  Until the vote, the issue in question is of no effect. 
The
appropriate documentation reflecting the legislature’s vote shall be
documented
in the journals of the respective houses.

F.  If the
legislature votes by simple majority to nullify any federal statute, mandate or
Executive order on the grounds of constitutionality, this state and its
citizens shall not recognize or be obligated to live under the statute, mandate
or executive order.

G.  The
committee shall ensure that the legislature adopts and enacts all measures that
may be necessary to prevent the enforcement of any federal law or regulation
nullified pursuant to this section.  The committee shall ensure that the
jurisdiction of any cause of action between this State and the federal
government regarding nullification of any federal legislation, mandate or
executive order with the Supreme Court of the United States alone, as stated in
Article III, section 2, United States Constitution.

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