Nineteenth Century Nullificationist Sen. John C. Calhoun
[I]t would allow Arizonans “to reject any federal action that they determine violates the United States Constitution.”
That could occur through a vote of the state House and Senate with consent of the governor.
But that also could occur through a popular vote on a ballot measure, effectively allowing voters to decide which federal laws they feel infringe on Arizona’s rights as a sovereign state.
Organizer Jack Biltis said he turned in more than 320,000 signatures. The next step will be for the Secretary of State to determine, after screening the petitions, if there are at least 259,213 valid names on the forms to allow the measure to go on the ballot.
Biltis, who said he has spent more than $1.2 million on the campaign so far, said it is time for Arizona to step up and reclaim its constitutional rights.
Not surprisingly, the initiative’s millionaire backer lists the Affordable Care Act as the “flagship” example of a law he would like to see nullified. The fact that his initiative violates the U.S. Constitution’s express language — which provides that federal law “shall be the supreme law of the land” — does not semm to bother Biltis in the least.
It should bother Arizona voters, however, even those who object to ensuring that health care is accessible and affordable for everyone. If Biltis’ initiative should pass, it will mean that hundreds of thousands of Arizonans will be misled into believing the state has a power it cannot constitutionally exercise. Worse, should Arizona actually attempt to nullify a federal law, unwitting Arizonans could be tricked into beleiving that they do not have to follow the law — and could find themselves on the wrong end of a federal trial when they learn that they were mistaken.
If Biltis does not like the Affordable Care Act then he can vote for federal lawmakers who support repealing it. Bankrolling an unconstitutional ballot initiative will do little more than confuse voters, and potentially lead them to violate the law without even recognizing their actions are illegal.
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