The oath of office for state legislators is found at A.R.S.§38-231(E):
State of Arizona, County of ______________ I, _____________________ (type or print name) do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of ______________________ (name of office) ________________________ according to the best of my ability, so help me God (or so I do affirm).
(signature of officer or employee)
It is only March, but every Tea-Publican in the Arizona Legislature has already managed to violate their oath of office by voting in favor of “interposition, nullification and secession” bills. Every one of them should submit their resignation, and be disqualified from holding public office. 14th Amendment Section 3: “No person shall … hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath … as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”
Arizona’s Neo-Confederate insurrectionists are having an amazing week this week. You should ask why the media is not reporting this.
HB 2368 (.pdf), “sovereign authority; executive orders; DOJ,” sponsored by Teabagger Rep. Bob Thorpe (R-Flagstaff), purports not to recognize any executive orders or policies of the president or executive branch, unless approved by Congress (The separation of powers doctrine and comity between coequal branches of government renders this argument nonsense. Executive orders have the same force and effect of law as acts of Congress). The bill was passed in the House on Tuesday on a straight party-line vote of 36-24.
HB 2176 (.pdf), “federal land relinquishment; payments,” also sponsored by Teabagger Rep. Bob Thorpe (R-Flagstaff), directs the state land commissioner to “request” that “all constitutionally nonenumerated federal land within this state through sale,” and directs the attorney general to “initiate proceedings against the United States in order to force the relinquishment of all remaining constitutionally nonenumerated federal land within this state to the state land trust.” The bill was passed in the House on Tuesday on a straight party-line vote of 36-24.
HB 2175 (.pdf), again sponsored by Teabagger Rep. Bob Thorpe (R-Flagstaff) and Mark Finchem (R-Oro Valley), asserts and claims rights-of-way across (federal) public lands, and asserts that “This state does not recognize or consent, and has not consented, to the exchange, waiver or abandonment of any Revised Statute 2477 right‑of‑way across public lands unless by formal, written official action that was taken by the state, county or municipal agency or instrumentality that held the right-of-way across public lands and that was recorded in the office of the county recorder of the county in which the public lands are located.” The bill was passed in the House on Tuesday on a straight party-line vote of 35-24 (Michele Ugenti not voting).
HB 2318 (.pdf), “transfer of public lands compact,” sponsored by Mark Finchem (R-Oro Valley) and Brenda Barton (R-Payson), purports to create an interstate compact on the transfer of (federal) public lands. Article I, Section 10 of the United States Constitution provides that “no state shall enter into an agreement or compact with another state” without the consent of Congress. The bill was passed in the House on Tuesday on a straight party-line vote of 36-24.
HB 2321 (.pdf), “public lands; conveyance and taxation,” again sponsored by Teabagger Reps. Bob Thorpe (R-Flagstaff)and Brenda Barton (R-Payson),demands that the United States government extinguish title to all public lands in and transfer title to the state of Arizona. The bill was passed in the House on Tuesday on a straight party-line vote of 36-24.
Still awaiting a final vote in the House is HCM 2005 (.pdf), “federal lands; devolution to Arizona,” sponsored by Reps. Barton, Gray, Shope, Thorpe and Townsend, a memorial to the Congress which demands “That the United States government immediately and not later than December 31, 2019 dispose of the public lands within Arizona’s borders directly to the State of Arizona.”
Also awaiting a COW vote in the House is HB 2055 (.pdf), a striker that is now “sovereign authority; water; United States,” again sponsored by Teabagger Rep. Bob Thorpe (R-Flagstaff).
Also awaiting a final vote in the House is HB 2643 (.pdf), “sovereign authority; affordable care act,” sponsored by Reps. Justin Olson (R-Mesa) and Vince Leach (R- Saddlebrooke), which would preclude Arizona and any future legislature from establishing a state run health insurance exchange under the Affordable Care Act.
Also awaiting a final vote in the House is HB 2058 (.pdf), a striker that is now “sovereign authority; federal rules; regulations,” again sponsored by Teabagger Rep. Bob Thorpe (R-Flagstaff).
Also awaiting a final vote in the House is HB 2431, “uniform firearms transfer compact,” again sponsored by Teabagger Reps. Bob Thorpe (R-Flagstaff)and Brenda Barton (R-Payson), which would require Arizona to enter into compacts with other states that agree not to enact any law, regulation or policy on the transfer of firearms that is more restrictive than federal law. Article I, Section 10 of the United States Constitution provides that “no state shall enter into an agreement or compact with another state” without the consent of Congress. It would preclude a voter-approved initiative to change the law, in violation of the Arizona Constitution.
SB 1330 (.pdf), “prohibited activities; second amendment violations,” sponsored by Sen. Kelli Ward (R-Lake Havasu City, is a “nullification” bill that purports to nullify federal gun laws and to prohibit state and local agencies from enforcing federal gun laws. But wait, there’s more! It also says “Any agent or employee of this state or any political subdivision of this state who knowingly violates this Section is deemed to have resigned any commission from this State that the person may possess, the person’s office is deemed vacant and the person is forever after ineligible to hold any office of trust, honor or emolument under the laws of this State.” Ironic, considering this is what should happen to anyone who votes in favor of this bill. The bill is awaiting a final vote in the Senate.
As Laurie Roberts of The Arizona Republic opined, Oh, just secede already, Arizona Legislature.
If this was 1861, Abraham Lincoln would be sending federal troops to Arizona to put down this Confederate insurrection against the United States government.
It would not surprise me that these Tea-Publicans — who have abandoned any right to call themselves Republicans or the “Party of Lincoln” — will try to instigate a “Fort Sumter” confrontation with the federal government, as their inspiration and hero Cliven Bundy attempted last summer. They want to force President Obama’s hand, just as the Confederacy forced Lincoln’s hand.
Why this outrageous insurrectionist conduct is being tolerated by the good citizens of Arizona and downplayed by our feckless news media is inexplicable. 150 years ago this conduct led to Civil War.