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¦ REFERENCE TITLE: abolish federal government; state sovereignty ¦

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¦ State of Arizona ¦

¦ House of Representatives ¦

¦ Forty-fourth Legislature ¦

¦ Second Regular Session ¦

¦ 2000 ¦

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¦ HCR 2034 ¦

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¦ Introduced by ¦

¦ Representatives Johnson, Cooley ¦

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A CONCURRENT RESOLUTION



PROPOSING THE DISSOLUTION OF THE FEDERAL GOVERNMENT OF THE UNITED STATES OF AMERICA IF CERTAIN CONDITIONS OCCUR.



(TEXT OF BILL BEGINS ON NEXT PAGE)



Whereas, on July 4, 1776, our founding fathers proclaimed that the people had the right to alter or abolish their government and declared thirteen British colonies to be free and independent, or sovereign, states; and



Whereas, on March 1, 1781, the thirteen states formed a central government they called the United States of America under a charter known as the Articles of Confederation and Perpetual Union, which stated that "each state retains its sovereignty, freedom and independence"; and



Whereas, on September 17, 1787, the leaders of the Continental Congress signed the present Constitution of the United States, which was then transmitted to the thirteen states for ratification and the formation of a new central government; and



Whereas, several of the states delayed ratification of the Constitution and three states made clear their position regarding sovereignty by stating that "the powers of government may be resumed by the people whensoever it shall become necessary to their happiness"; and



Whereas, eventually all thirteen of the independent states ratified the Constitution of the United States and joined the new Union, while retaining their sovereignty as states. The states made the new central government sovereign only to the extent that the states delegated to it limited and specific powers; and



Whereas, the Constitution of the United States is merely a treaty among sovereigns, and under treaty law when one party violates the treaty the other parties are automatically released from further adherence to it unless they wish to continue; and



Whereas, the fifty current principals, or signatories, to the treaty have done well in honoring and obeying it, yet the federal agent has, for decades, violated it in both word and spirit. The many violations of the Constitution of the United States by the federal government include disposing of federal property without the approval of Congress, usurping jurisdiction from the states in such matters as abortion and firearms rights and seeking control of public lands within state borders; and



Whereas, under Article V, Constitution of the United States, three-fourths of the states may abolish the federal government. In the alternative, if the states choose to exercise their inherent right as sovereigns, fewer than thirty-eight states may lawfully choose to ignore Article V, Constitution of the United States, and establish a new federal government for themselves by following the precedent established by Article VII, Constitution of the United States, in which nine of the existing thirteen states dissolved the existing Union under the Articles of Confederation and automatically superceded the Articles.



Therefore



Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:



1. That when or if the President of the United States, the Congress of the United States or any other federal agent or agency declares the Constitution of the United States to be suspended or abolished, if the President or any other federal entity attempts to institute martial law or its equivalent without an official declaration in one or more of the states without the consent of that state or if any federal order attempts to make it unlawful for individual Americans to own firearms or to confiscate firearms, the State of Arizona, when joined by thirty-four of the other fifty states, declares as follows: that the states resume all state powers delegated by the Constitution of the United States and assume total sovereignty; that the states re-ratify and re-establish the present Constitution of the United States as the charter for the formation of a new federal government, to be followed by the election of a new Congress and President and the reorganization of a new judiciary, similarly following the precedent and procedures of the founding fathers; that individual members of the military return to their respective states and report to the Governor until a new President is elected; that each state assume a negotiated, prorated share of the national debt; that all land within the borders of a state belongs to the state until sold or ceded to the central government by the state's Legislature and Governor; and that once thirty-five states have agreed to form a new government, each of the remaining fifteen be permitted to join the new confederation on application.



2. That the Secretary of State of the State of Arizona transmit copies of this Resolution to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.