Arizona state legislators have responded to the rapidly growing constitutional movement that champions states’ rights by introducing the Freedom to Breathe Act in order to protect the state from the unconstitutional actions of the federal government. Primary sponsors for Senate Concurrent Resolution (SCR) 1050 that would essentially nullify any federal cap and trade legislation are Arizona State Senator Sylvia Allen, Senator Ron Gould and Senator Chuck Gray.

The resolution states that Arizona has, through the legislature the “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.” 

Citing the Tenth Amendment several times, the text of SCR 1050 gives a good history lesson in constitutional principles. In particular, the resolution demonstrates a solid understanding of the Tenth Amendment and enumerated powers, and the intent and meaning of the words at the time of ratification. There is even a statement that describes the relationship of the United States and the people of Arizona as a compact, something far too few understand.

While the federal government’s position is that cap and trade legislation falls under the commerce clause, SCR 1050 concisely explains that it does not:

At the time the United States Constitution was ratified on June 21, 1788, the Enumerated Powers were not meant or understood to authorize Congress to prohibit any aspect of interstate trade except as necessary and proper to prevent state law from engaging in local protectionism and otherwise solely to ensure that interstate trade occurs smoothly and efficiently among the states.
At the time the United States Constitution was ratified on June 21, 1788, the Enumerated Powers were meant and understood not to grant Congress general police powers or the power to regulate the purely internal affairs of the states or their people...
 At the time the United States Constitution was ratified on June 21, 1788, the Enumerated Powers were not meant or understood to authorize Congress to regulate wholly intrastate manufacturing or noneconomic activities...

Jeffersonian principles abound in the text of SCR 1050, which should be used as a model for other states’ nullification efforts. Hats off to the state of Arizona for seeking to secure the authority that is rightfully its own under the Constitution over commerce and non-economic activities.

Of course, there are detractors. A blogger at www.blogforarizona.com disliked “Arizona’s supremacy over the federal government,” by calling the Freedom to Breathe Act, “We Want To Secede Over Environmental Laws and Regulations Act.”  The Sierra Club had a similar re-titling for it, “Another nutty measure brought to you by the Arizona Legislature,” and urged their followers to oppose the attempt to deflect an unconstitutional federal mandate.

Senate Concurrent Resolution 1050 could use a boost from Arizona’s concerned citizens. Arizona residents are urged to email their state legislators (this link can be used only by residents of Arizona to send emails to their state legislators) in support of SCR 1050, which is intended as a ballot measure. Explaining and educating friends and neighbors as to the importance of such a measure is essential for a state to retain the right to judge for themselves the constitutionality of a federal law, and to refuse to enforce such an unconstitutional federal imposition.

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Still Free

March 08, 2010

64.12.117.9

Votes: +1

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Wow!

Thanks, Ms. Shibler, for the awesome news.

Hopefully, there will be many more states introducing this same "nutty measure" as Arizona did with SCR 1050.

Kenneth Creech

March 11, 2010

98.69.146.63

Votes: +0

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CITIZEN

Thank goodness!!! Nuts just ride around the threads on a bolt, explicitly following the track or groove put in place for them by someone else. No thought is ever given about where they might like to go or where their final destination might be or what they might like to do. The God given right to freedom rang out in 1776 and we the people have that right at present; however we must push the FEDERAL GOVERNMENT BACK INTO THE SHELL FROM WHICH IT CAME and states must reclaim what the feds have usurped from them. May GOD always bless AMERICA and the sovereign citizens reassert their control as individual who understand their place in the world.

James L.

March 17, 2010

204.248.24.161

Votes: +0

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...

As a resident of the state of Arizona, I can only hope this trend continues. It is long overdue and welcome, in my mind. The 10th Amendment sums it up perfectly, it's up to the states, not the corrupt officials in DC to decide what is best for the individual states. In my opinion, the closer a decision is to the people it affects, the more correct that decision will be. Individuals=>Families=>Communities=>Cities=>States=> and the Federal Government LAST!!!! Not the other way around....

cheeta12

April 20, 2010

119.154.14.247

Votes: +0

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