Tag Archives: Prop 120

AZ Prop 122: Rejecting Unconstitutional Federal Actions

Proposition 122 would amend the Arizona Constitution and purports to grant Arizona authority to reject federal laws that are determined to be unconstitutional by the Legislature (or by initiative).

Supporters claim it would give the state new tools to force the federal government to shoulder the cost of its own unfunded mandates, but the state already has sovereign authority to pass laws, and where conflicts arise it is already within the Attorney General’s purview to take the state’s case to federal court on 10th Amendment or other grounds.

Nevertheless, the Yes on 122 campaign offers it up as a panacea for issues ranging from CPS/DCS accountability, to ObamaCare-related health plan cancellations, to Tombstone’s water line reconstruction dispute with USFS; but it’s unclear how this proposition would improve Arizona’s ability to respond to any of those issues.

This measure is similar to 2012’s Prop 120 and another that didn’t make the ballot.

Tinkering with the Constitution is not to be taken lightly, and without a compelling reason to do so, I suggest you vote NO on 122.