Arizona House passes HB2368, no funding of presidential executive orders

The Arizona House passed a law, HB2368, which will prohibit the state from funding executive orders issued by the President of the United States and policy directives from the U.S. Department of Justice. Rep. Bob Thorpe successfully ushered his bill through the House with wide-spread public support.

The bill, which passed 34 – 26 allows the state to fund executive orders if they are affirmed by a vote of Congress and signed into law as prescribed by the U.S. Constitution. The law also provides for exceptions “on a case-by-case basis by a vote of the Legislature if in session or by the Governor, President of the Senate, and the Speaker of the House if not in session.”

The bill:

1. Prohibits this state or any of its political subdivisions from using any personnel or financial resources to enforce, administer or cooperate with an executive order issued by the President of the U.S. that has not been affirmed by a vote of Congress and signed into law as prescribed by the U.S. Constitution.

2. Prohibits this state or any of its political subdivisions from using any personnel or financial resources to enforce, administer or cooperate with a policy directive issued by the U.S. DOJ to law enforcement agencies in this state that has not been affirmed by a vote of Congress and signed into law as prescribed by the U.S. Constitution.

3. Provides an exception on a case-by-case basis by a vote of the Legislature if in session or by the Governor, President of the Senate, and the Speaker of the House if not in session.

According to the House overview: “The Arizona Constitution, Article Two, Section Three provides that to protect the people’s freedom and to preserve the checks and balances of the U.S. Constitution, this state may exercise its sovereign authority to restrict the actions of its personnel and the use of its financial resources to purposes that are consistent with the constitution by doing any of the following: passing an initiative or referendum, passing a bill, pursuing any other available legal remedy.”

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