Proposition 122 would amend Arizona’s Constitution to allow the state to restrict “the state and all local governments from using any personnel or financial resources” to enforce any federal program that’s “not consistent with the Constitution of the United States.”
In other words, it gives the state the option of opting out of federal programs, either by a referendum or other vote or by legislative action.
The idea, proponents says, is to allow Arizona to rein in federal government “overreach.”
The measure, which was referred to the ballot by the state Legislature, is “another bad idea from a Legislature that has promoted many outlandish and unconstitutional measures to ignore, undermine, weaken and defund implementation of important federal laws,” says the Grand Canyon chapter of the Sierra Club.
As opponents have noted, Congress can rewrite federal laws and programs, but states cannot do so. And only the courts can judge whether federal laws and programs are constitutional, with ultimate authority residing in the U.S. Supreme Court. The avenue for such challenges is thus well-established.
Prop. 122 is an effort at rebelliously asserting “sovereignty” that has no constitutional basis. If passed and eventually, inevitably, challenged in court, it will ultimately be only a waste of taxpayers’ money as the state seeks to defend its actions — and fails.
Let’s not swagger down this dead-end avenue. Vote no on Prop. 122.