The State of Arizona is getting no support from the White House against an ongoing invasion by Mexican cartels, which gives Gov. Doug Ducey the authority to deploy the Arizona National Guard in self-defense, according to a legal opinion released by Arizona Attorney Mark Brnovich on Monday.
“The federal government’s failure to secure the border and protect Arizona from invasion is dangerous and unprecedented,” the 25-page opinion states. “Thankfully, the Founders foresaw that States might need to protect themselves from invasion and made clear in the Constitution that States retain the sovereign power to defend themselves within their own territory.”
The attorney general’s opinion was prompted by an inquiry submitted in October by Rep. Jake Hoffman (R-LD12) about whether the Biden Administration “has failed –intentionally or unintentionally– to uphold its obligations” under Article IV of the U.S. Constitution to protect Arizona from invasion.
The opinion contends the federal government “has lost or severely degraded its operational control” of Arizona’s 372-mile border with Mexico, where cartels and gangs are openly trafficking in drugs, weapons, and human beings while engaging in attacks on Arizonans and acting “as if they are above the law.”
Among the issues the attorney general examined in response to Hoffman’s inquiry was the definitions of “actually invaded” and “invasion” as used in the State Self-Defense Clause and the Invasion Clause of the U.S. Constitution.
ARTICLE I, SECTION 10
“…No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.”
ARTICLE IV, SECTION 4
“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”
The examination also included whether a state has constitutional power to defend itself from “hostile non-state actors” such as armed cartels or only an invasion by a foreign power. Finally, the attorney general had to determine whether the current crisis at the Arizona / Mexico border satisfies the definitions of “actually invaded” and “invasion.”
“The violence and lawlessness at the border caused by transnational cartels and gangs satisfies the definition of an ‘invasion’ under the U.S. Constitution, and Arizona therefore has the power to defend itself from this invasion under the Governor’s authority as Commander-in-Chief,” the opinion states, adding that an invasion “permits the State to engage in defensive actions within its own territory.”
The legal questions addressed by the attorney general have not been adjudicated in court with factors similar to the situation in Arizona. However, the opinion was welcomed by Hoffman, who called on Ducey to utilize the powers afforded to him by the U.S. Constitution to immediately secure the border.
“I’m glad to see that Attorney General Brnovich today agreed with my assessment that the crisis occurring on our southern border constitutes an invasion and a total failure by the Biden administration to fulfill its constitutional obligation to protect the people of Arizona,” Hoffman said.“The human smuggling, cartel drugs and violence, sex trafficking, and other illicit activity must end.”
Ducey’s office did not issue a formal comment on whether the governor agrees with the opinion’s legal conclusions of his authority as commander-in-chief. Since April 2021, several dozen National Guard soldiers have been rotated in and out of border county sheriff’s offices to perform administrative, non-law enforcement functions.
This has been well-received by the sheriffs as it frees up deputies to respond to the increase in reported crimes along the border.
In honor of Black History Month, State Representative and congressional candidate Walt Blackman (R-Snowflake) introduced a proclamation, HR2001, to assert that abortion was the leading cause of death for African Americans and that unborn African-American children have equal rights under the Constitution. Blackman asked for a moment of silence to honor the approximately 1,300 unborn African-American children whose lives would be lost to abortion that day, based on statistical rates of abortion.
“[Abortion is] something that’s not spoken about in our communities. It’s something that needs to be heard. It’s something that I’m very aggressively trying to fix in black communities, and it is a tragedy that this happens every single day in the black communities,” said Blackman.
In addition to the resolution, Blackman introduced a bill to abolish abortion in Arizona: “Abolition of Abortion in Arizona Act.”
I am proud to sponsor HB2265 Life starts at conception. ARS Title 13. Criminal Code 13-1105. First degree murder, A person causes the death of another person, including an unborn child, with premeditation. It’s time to abolish abortion in Arizona. https://t.co/kBKQP4iAuy
The legislator also asserted that Planned Parenthood Founder Margaret Sanger and its major supporters, like Hillary Clinton, are the “real racist[s]” and that abortion is “racial genocide.”
Margaret Sanger is the founder of Planned Parenthood. Planned Parenthood is responsible for the deaths of 19.4 million black babies since Roe v. Wade. Hillary Clinton received an achievement award in Sanger's name. WILL THE REAL RACIST STAND-UP. pic.twitter.com/tLX9tRidof
This not about your choice, it’s about abortion Is Racial Genocide! Government family planning programs designed for poor Blacks which emphasize birth control and abortion with the intent of limiting the Black population is genocide. pic.twitter.com/yZ2I2fDzUZ
State Representative Pam Powers Hannley (D-Tucson) issued an immediate response to the proclamation, noting that Blackman’s approach to Black History Month with an “anti-abortion manifesto” was “a little bit weird.” Blackman is a black legislator.
Powers Hannley claimed that Blackman wasn’t only blaming Planned Parenthood but the mothers of those aborted children. Powers Hannley further argued that the greater focus should be on the fathers, as well as encouraging citizens to make smarter choices concerning their sexual habits such as wearing protection or choosing their partners more wisely.
“How many of those women were raped? How many of those women were underage? How many of those women were already overwhelmed with the children that they have? And what about the fathers? It’s shocking to me that the Republicans constantly go after the women as if the women are solely responsible somehow for an unwanted pregnancy,” asserted Powers Hannley. “Fathers are the number-one line of defense against abortion.”
Powers Hannley then concluded with an argument that struck similar tones to those who advocate for abstinence, taking the bodily autonomy logic and applying it to abstaining from sex with certain partners or in certain situations.
“I thought that Blackman’s speech was insulting to women. Women have a choice over their bodies. I think they should make better choices, perhaps, with who they have sex with. And that goes for women of all ages, and all races, and all ethnicities,” said Powers Hannley. “If that guy is not to be there for you if you get pregnant, don’t have unprotected sex with him — come on! And guys, if you want to prevent abortions, wear a freaking condom. You have control over this. You can control it at the first step, rather than trying to regulate women’s bodies later.”
The full text of the resolution is reproduced below:
“Whereas, since the 1973 Roe v. Wade decision by the United States Supreme Court, more than 54 million babies have been aborted in Planned Parenthood centers around the nation, having drastic personal, practical and political effects on communities and citizens. Every town, city, ethnicity, and age group has suffered from the tragic effects of this mostly surgical and sometimes medical procedure. The true toll of abortion may remain unknown and immeasurable because the data, for the most part, has not been collected or has been ignored by those responsible for its collection; and […] abortion impacts African Americans at a higher rate than any other population group, and more African-American babies are aborted than born alive. In 2011, the Centers for Disease Control and Prevention (CDC) released an Abortion Surveillance Report stating that, although African-American women make up 14 percent of the childbearing population, these women obtained 36 percent of all abortions. At a ratio of 474 abortions per 1,000 live births, African-American women have the highest ratio of any group in the country; and […] this alarming number equates to more than 1,300 African-American babies aborted every day in America. Of the more than 44 million abortions performed since the 1973 Supreme Court ruling, 19 million African-American babies have been aborted, yet African Americans comprise just under 13 percent of the United States population; and […] the impacts of abortion on African-American communities are hard to fathom. According to the Guttmacher Institute, which generally supports abortion, 360,000 African-American babies were aborted in 2011. CDC statistics for 2011 show that 287,072 African Americans died from all other causes, excluding abortion, making abortion the leading cause of death among African Americans. African-American women and community leaders should be outraged about the racial disparity when African-American women are targeted by Planned Parenthood. […] The Members of the House of Representatives recognize abortion as the leading cause of death among African Americans and express their sentiment that unborn African-American babies conceived by legal citizens of the United States are protected under the United States Constitution guaranteeing equal rights to life, liberty, and the pursuit of happiness for all Americans.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Arizona Gov. Doug Ducey and the majority of Arizona’s sheriffs are tired of waiting for Congress to do something constructive about the unsecured Arizona / Mexico border. So they are joining together to support draft federal legislation which would bolster border security, along what the governor has described as “a patchwork of federal, state, tribal and private lands.”
On Tuesday, 11 of Arizona’s 15 sheriffs took part in the meeting with Ducey to discuss the overwhelming problem of human trafficking and illegal drugs coming across the 372-mile border. After the meeting, the sheriffs in attendance voted to advocate for the legislation drafted by Ducey’s staff in hopes of persuading Sen. Mark Kelly and Sen. Kyrsten Sinema to get on board.
“It’s not just an Arizona problem,” said Pinal County Sheriff Mark Lamb. “It’s an America problem.”
Lamb was joined at the meeting by Apache County Sheriff Joe Dedman, Cochise County Sheriff Mark Dannels, Coconino County Sheriff Jim Driscoll, Gila County Sheriff Adam Shepherd, Graham County Sheriff P.J. Allred, Greenlee County Sheriff Tim Sumner, La Paz County Sheriff William Ponce, Mohave County Sheriff Doug Schuster, Navajo County Sheriff David Clouse, and Yavapai County Sheriff David Rhodes.
Ducey’s meeting with the sheriffs came one day after his State of the State address to the Arizona Legislature.
“In Arizona, we will secure our border. We will protect public safety. We will not back down,” Ducey said in his speech. “We will fight this fight until Washington, D.C. finally acts.”
The governor used his State of the State address to highlight his commitment to a multifaceted, coordinated border security effort.
“No member of the Arizona congressional delegation that actually cares about the safety of our communities should vote ‘yes’ on any legislation until the president agrees to language that does the following: secures our border with a wall, a physical barrier and virtual surveillance; increases resources to the local communities that have been devastated by these dangerous open border policies; and makes it clear that our border is not open to illegal immigration,” Ducey said Monday before going on to call out Kelly and Sinema by name.
Just two weeks ago, Dannels and Yuma County Sheriff Leon Wilmot met with new CBP Commissioner Chris Magnus and U.S. Border Patrol leaders to discuss the border.
“In short, we shared our frustration with the lack of shared action plans and no-end being in sight,” Dannels told AZ Free News of the Dec. 28 meeting. “I asked what this administration’s end-game was. I received no answer.”
Dannels said local law enforcement officials, which included San Luis Police Chief Richard Jessup, commended the dedicated CBP officers and USBP agents working the border under such challenging circumstances.
“I asked Commissioner Magnus to provide supportive leadership to these officers and agents during this crisis,” Dannels said.
Governor Doug Ducey’s State of the State Address focused on the positives when it came to Arizona, largely reserving criticism for the Biden Administration and federal government as a whole. The governor referenced COVID-19 a mere three times in his hour-long speech, not once mentioning case numbers, death tolls, health care workers, recovery, safety protocols, relief funding, or the like — indicating that the focus in the final year of his administration will concern all but COVID-19 mitigation.
The governor made several explicit promises: a budget published on Friday, further tax cuts, a K-12 learning loss summer camp program, expungement of critical race theory from classrooms, increased resources for foster care families, crackdown on government abuse such as charging victims to process rape kits, and expedited plans of the I-10 expansion.
The governor also announced a five-step plan to address the border crisis; 1) increased funding to the Arizona Border Strike Force and border counties; 2) increased criminal penalties for human traffickers; 3) the American Governor’s Border Strike Force, a novel alliance with Texas Governor Greg Abbott and their top law enforcement; 4) building the remainder of the border wall; 5) a sort of strike in which U.S. senators refuse to vote “yes” on any legislation until President Joe Biden builds the border wall, installs virtual border surveillance, increases funding to local communities harmed by the border crisis, and clarifies to illegal immigrants that the border isn’t open. For that last point, Ducey suggested that Senators Mark Kelly (D-AZ) and Kyrsten Sinema (D-AZ) take advantage of draft legislation he provided on his website.
Ducey requested the legislature take up certain initiatives: establishing a program to waive the tuition of military spouses, similar to Texas’ Hazlewood Act; requiring searchable online publication of all K-12 curriculum and academic materials; school choice expansion such as through greater open enrollment, new transportation, more charter schools; . Ducey shared that public safety would be a top priority within the budget, with proposals such as making state troopers the highest paid law enforcement statewide.
The governor stated that his administration’s successes manifested as small business liability reform, wildfire solutions and funding, tribal gaming compact modernization to increase revenue streams, school choice, record funding for infrastructure, near-total COVID-19 vaccination of the state’s 65-and-older population, telemedicine, the lowest flat tax nationwide with the largest tax cut in state history, new regulation moratorium, improved foster care system, a border strike force to handle cartels and crime,
“[A]nyone who has ever worked with me will attest: I have a hard time stopping to celebrate victory,” said Ducey.
The governor highlighted how the state budget was underwater by $1 billion when he assumed office, caused by the recession and what Ducey called “out-of-control spending” and “budget shellgames.” He reminded those present that money was so tight the state government sold the deed to the state capitol.
Ducey reported a current surplus amounting to billions of dollars, a portion of which helped the state buy the capitol’s deed back several years ago. Likewise, he recalled how most job availability just prior to his administration was found in construction and call centers due to national perception of Arizona as a “flyover state” to Texas; Ducey explained that the state has since greatly diversified its job market.
“Now, because of our combined work, we have an all-of-the-above approach on jobs. Not just call centers but also car manufacturers, autonomous vehicles, tech start-ups and world-class semiconductors,” said Ducey. “We said we wanted to be a jobs juggernaut, and in the process, we became a paycheck paradise. Plus, unlike California, Illinois and New York, here you actually get to keep your paycheck.”
Ducey detailed how he dedicated himself to “shrink a government and grow an economy.” In addition to improvements in the unseen, like flow of state cash, Ducey pointed out that he’d reduced government size to a point where 750,000 square feet of government buildings have been demolished during his administration. The governor also emphasized that his focus for his final year would be to offset the living costs caused by Biden Administration policies.
“It’s really not that complicated; it’s just basic common sense. Government takes in more than it needs to pay the bills, and the taxpayer should get to keep his or her hard-earned dollars,” declared Ducey.
Ducey stated his decision to reject certain unemployment benefits deemed unnecessary, criticizing the Biden Administration for incentivizing people to not work.
“That’s not the Arizona way,” said Ducey. “There’s no such thing as a free lunch or free money. Instead we will focus on rewarding hard work.”
Concerning the border, Ducey warned that President Joe Biden and his administration are working against Arizona. The governor lobbed criticisms at Department of Homeland Security (DHS) Secretary Alejandro Mayorkas and Vice President Kamala Harris for keeping a cool distance from their duty to solve the crisis.
Ducey called out Attorney General Merrick Garland directly for focusing on one incident within the Phoenix Police Department (PPD) while handling Black Lives Matter (BLM) unrest.
“If you are an elected official charged with overseeing a police department and you don’t believe there’s a correlation between the attacks on law enforcement and rising crime rates nationally, you need a reality check because you’re putting public safety and human life at risk. We intend to keep Arizona a place where we honor and value our cops and all of law enforcement, including correctional officers and first responders. A place where public safety matters. No riots. No smash and grab. And a news flash for the DOJ and Merrick Garland: Mr. Attorney General, instead of attacking Police Chief Jeri Williams and her officers for risking their lives and keeping Arizona streets safe during civil unrest, your time would be better spent protecting the federal courthouses in Portland, Seattle and San Francisco. Do your job.”
While on the subject of different approaches to governance, the governor also addressed the massive influx of blue-state transplants, calling it the “good problem” of growth. He chalked the migration to discomfort with Democratic policies leading to issues such as higher taxes and stricter COVID-19 regulations.
For the transplants, Ducey had one specific message.
“Don’t forget why you came here in the first place. Freedom, opportunity, and good government matter,” said Ducey.
In regard to K-12 education, Ducey asserted that the state legislature under the previous administration was more interested in maxing out expenditures than quality of education. Ducey also placed blame with those school boards and unionists for imposing COVID-19 policy that did more harm to children than good. With that, the governor insisted on the importance of school choice, especially for the poorer and minority children. Ducey likened teachers unions and their supporters to Civil Rights-era politicians barring minority children from entering schools.
“Fifty-plus years ago politicians stood in the schoolhouse door and wouldn’t let minorities in, today union-backed politicians stand in the schoolhouse door and won’t let minorities out,” said Ducey. “Many of our poor kids and children of color are trapped in a failing school. It’s time to set these families free.”
As for current issues the state faces, Ducey highlighted a “massive” backlog of untested rape kits, some of which his administration cleared up only to discover government abuse in the form of bureaucrats charging victims up to $800 in processing charges and sending collections agencies after the victims if not paid. The governor also broached the subject of drought mitigation and water supply, proposing a $1 billion investment in Mexico for desalination technology.
In closing, Ducey dismissed doubts of little to no progress due to a divided legislature and the upcoming midterm elections. His final remarks centered the focus for his last year as governor.
“As you see, as much progress as we’ve made – there’s plenty left to do on so many fronts,” said Ducey. “And we’ll have all year to grind it out together: a continued focus on the health of our citizens, and support for our hospitals, and dedicated healthcare workers; investments in cyber security to protect the identity and data of our citizens; improvements to our elections, to bring confidence and security; better broadband connectivity all across rural Arizona; more efforts to prevent wildfires; maintaining Arizona’s position as the number one pro-second amendment state in the nation; protecting life in every way possible; and all along the way, preparing for another Super Bowl, where our beautiful state will be center stage just a year from now.”
By now, you’re probably fed up with talking about school shutdowns. And frankly, we’re getting fed up with fighting the left on this issue. But leave it to the teachers’ unions and RedforEd to call for more school shutdowns right before students returned from their winter break.
While death of any sort is heartbreaking, these numbers prove that COVID is no more dangerous for children than the seasonal flu. But the teachers’ unions and RedforEd just can’t help themselves—because, as usual, it’s always about them.
