7. The regulation of intrastate commerce, manufacturing and noneconomic activities, as it pertains to intrastate anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, is excluded from the meaning and understanding of the Enumerated Powers at the time the United States Constitution was ratified on June 21, 1788, and it is vested in the states under the Tenth Amendment to the United States Constitution.
The harmless emission of anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, is a necessary incident of the Constitutional rights of Arizonans under the Ninth Amendment to the United States Constitution, as well as article II, sections 2 and 33, Constitution of Arizona.and, while we're at it,
The intrastate emission of anthropogenic carbon dioxide or other greenhouse substances produced by biological, mechanical or chemical processes, including refuse and agricultural operations, is not subject to federal law or federal regulation, under the Enumerated Powers of the federal government. Accordingly, to the extent that such emissions can be regulated consistent with the principles of free republican government, such power is reserved to the State of Arizona or the people under the Tenth Amendment to the United StatesEmphasis mine all around.
C. Any effort by any governmental official to enforce within the borders of the state of Arizona federal laws or federal regulations purporting to restrict intrastate emissions of anthropogenic carbon dioxide or other greenhouse substances is herewith declared a violation of civil rights and unlawful under Arizona state law.
"Harmless greenhouse substances" do not exist under today's conditions. Likewise "intrastate" emission of CO2, methane, and other light gases is unlikely; consider only that water vapor, of comparable molecular weight, blows into New Mexico and points beyond.
Perhaps unwittingly, the AZ Senate is trying to assert its right to regulate, without federal interference, things that do not exist. Is 10th Amendment sovereignty over the Tooth Fairy next?
Have a look at the measure's title. "Freedom to breathe act?" Something makes me think that the Goldwater Institute's scientifically illiterate, blustering fat slob Byron Schlomach is behind this. Oh, sorry, I mean "Byron Schlomach, PhD." We need a cartoon series with that title. Sort of a cross between Batman the Animated Series and Pee-Wee's Playhouse. The adventures of a fumbling propagandist hack, with especial insight into the "creative process".
The Goldwater Institute is promoting the measure; I learned about it via a Nick Dranias e-mail. More about my beef with Schlomach in a previous post. Check out the linked graph. I'm tempted to post the e-mail exchange I had with him, but that would be so...tacky. Safier is on the wrong side of very many things and probably read his econ texts upside down and backwards, but is usually on the right side of the truth, which is important. He's been taking the Goldwater Institute hacks to task for some time. Read the latest. And Ladner is a statesman compared to Schlomach!