After being shot down earlier this week, the Arizona State Senate revived and successfully passed a bill that would create a mechanism for the state to nullify federal laws.
As TPM has reported, Senate Bill 1433 would create a 12-person “Joint Legislative Committee on Nullification of Federal Laws,” which would “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.”
I can’t even begin to enumerate the many ways this is wrong. It goes without saying, they’ve invoked the 10th Amendment even though it’s been repeatedly ruled irrelevant, especially in the face of Article VI of the Constitution:
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
Additionally, and paraphrasing @Pres_Barlet, if Arizona wants to nullify federal laws, we should be able to nullify federal funding that goes to Arizona. Put another way: can we have it back, please?