The Arizona Senate has approved a resolution rebuking the EPA and calling upon the legislature to nullify its unconstitutional activities within the state.

Senate Resolution 1003 (SR1003) states emphatically that “the Members of the Senate support the nullification in the State of Arizona of all rules imposed by the United States Environmental Protection Agency.”

Although this resolution is non-binding, it paves the way for future actions to be taken against the EPA by the state legislature.

SR1003 passed by an 18-11-1 margin on Feb. 20.

It has long been feared that the EPA will unilaterally enact tax hikes and other schemes that it cannot get through Congress. The Obama Administration’s rhetoric has not quelled those fears. Secretary of State John Kerry has been traveling around the world spreading fear about global warming as if that were his primary job rather than diplomacy. The actions of the administration are unfortunately starting to more closely align with their words. Since the new year, the Obama and his underlings have began a regulatory ramp up that could result in a devastating loss of freedom and economic security for all Americans.

Only Congress has the constitutional authority to pass laws and regulations. Executive departments lack this authority. Furthermore, the Constitution does not delegate power to the federal government to formulate environmental regulations. The actions of the EPA, and the existence of the agency itself, violate the original meaning and intent of the Constitution.

Arizona started the process of pushing back against unconstitutional EPA overreach with the passage of this resolution. SR1003 is the first step toward stopping the EPA’s pervasive influence within the state. Some might not see much significance in a non-binding resolution, but they need to look at it through some historical perspective. Not more than five years ago, the only nullification bill considered in state legislatures dealt with Real ID and medical marijuana. Then, a series of Tenth Amendment resolutions were introduced and several passed. These resolutions introduced the concepts of state resistance, state sovereignty and nullification to a broader audience. Today, state legislatures are considering nullification bills dealing with Second Amendment issues, NSA spying, Obamacare, NDAA detention and many others. The resolutions set the stage. In the same way, SR1003 can set the stage for more aggressive action against the EPA.

This is a good first step.

Oklahoma and Idaho introduced bills this year that would protect the freedoms and pocketbooks of their residents from the meddling bureaucrats at the EPA. Arizona can now take the next step follow their lead and nullify unconstitutional actions of the EPA. The stage is set.


For Arizona: Call your legislators and urge them to follow up on this resolution by introducing a bill that nullifies the EPA! You can find their contact information by clicking HERE.

For Other States: Urge your legislators to take action against the EPA. You can find their contact information HERE.

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



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