While the federal government’s position is that cap and trade legislation falls under the commerce clause, SCR 1050 concisely explains that it does not:
At the time the United States Constitution was ratified on June 21, 1788, the Enumerated Powers were not meant or understood to authorize Congress to prohibit any aspect of interstate trade except as necessary and proper to prevent state law from engaging in local protectionism and otherwise solely to ensure that interstate trade occurs smoothly and efficiently among the states.
At the time the United States Constitution was ratified on June 21, 1788, the Enumerated Powers were meant and understood not to grant Congress general police powers or the power to regulate the purely internal affairs of the states or their people...
At the time the United States Constitution was ratified on June 21, 1788, the Enumerated Powers were not meant or understood to authorize Congress to regulate wholly intrastate manufacturing or noneconomic activities...
Jeffersonian principles abound in the text of SCR 1050, which should be used as a model for other states’ nullification efforts. Hats off to the state of Arizona for seeking to secure the authority that is rightfully its own under the Constitution over commerce and non-economic activities.
Of course, there are detractors. A blogger at www.blogforarizona.com disliked “Arizona’s supremacy over the federal government,” by calling the Freedom to Breathe Act, “We Want To Secede Over Environmental Laws and Regulations Act.” The Sierra Club had a similar re-titling for it, “Another nutty measure brought to you by the Arizona Legislature,” and urged their followers to oppose the attempt to deflect an unconstitutional federal mandate.
Senate Concurrent Resolution 1050 could use a boost from Arizona’s concerned citizens. Arizona residents are urged to email their state legislators (this link can be used only by residents of Arizona to send emails to their state legislators) in support of SCR 1050, which is intended as a ballot measure. Explaining and educating friends and neighbors as to the importance of such a measure is essential for a state to retain the right to judge for themselves the constitutionality of a federal law, and to refuse to enforce such an unconstitutional federal imposition.