AZ - Senate Approves Emergency Declaration Measure

Updated: Monday, 05 Mar 2012, 5:39 PM MST
Published : Monday, 05 Mar 2012, 5:39 PM MST

PHOENIX (AP) — The state Senate has approved a resolution declaring a state of emergency in Arizona because the shared border with Mexico is not secure and the forests have been badly managed, leading to large wildfires.

The resolution, which now goes to the House, says the border and forest situations threaten the safety and welfare of citizens.

State law authorizes an emergency declaration from the governor, which usually occurs with flooding and wildfires.

The resolution, approved on a 20-8 vote Monday, says the state has the authority to declare this emergency and will be "exercising its right of sovereignty over soil within its boundaries."

Arizona State University law professor Paul Bender says the resolution has no legal effect and the state cannot do anything that conflicts with or pre-empts federal law.

One Old Vet

Senate Approves Emergency Declaration Measure

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Arizona State University law professor Paul Bender says the resolution has no legal effect and the state cannot do anything that conflicts with or pre-empts federal law.

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I'm no law professor like Bender but wouldn't this allow Arizona to enforce the laws the feds won't? They could form their own militia to seal THEIR part of the border.

Bender is right on this one. However Federal Law is actually on the side of what Arizona would do. Federal Law isn't just what the current administration wants.

What could be done is the state could form its own state Militia or even send the states National Guard troops to the border. Obama could try and overturn the National Guard deployment but would have to do so publically which would severely hurt him in the coming election.