The Arizona Sentinel

Happy New Year Everyone

Well, the campaign is in overdrive, the folks are tuned in and paying attention.  And I’ve been running around Arizona collecting signatures,. I was in Williams Arizona on Monday and Tuesday and did really well. I have to share one story with you all about a young man I met in Williams,. This fella was 75 years old, first name is Warnell. And what a delightful fella. He was vision challenged so I had to place his hand on the proper line for him to sign,. I had about an hour before my next appointment so I sat down and we had a bit of a chat.
I asked Warnell if he was retired , of course I knew he was. He said, “ Yes Sir, I retired from the timber industry.” Well that opened a whole can of worms. I told Warnell of my intentions of taking control  of our forest away  from the federal government and bring back the timber industry. And put our folks back to work. You should have seen Warnells eyes light up . “ You mean it” he asked . I told him that I had been planning this over the past 4 years,. And that if it was ever going to happen it would be under my administration. It turns out that this young fella was a (grader),. He would grade the lumber as it was cut and  send it to the proper place for stacking and so forth. We talked for about an hour. He said he had been a grader for 26 years. Told me what he made his last year working at the mill. Not to shaby I told him.  He was a proud mill worker. We talked about control or prescribed burns as they call them these days.
One issue that has always bugged me since we moved out here in 2002 . Is the forest service insistence on doing these burns in the spring summer and fall.  Instead of in the dead of winter when there is snow on the  ground.
Boy did that light a fire under Warnell. He liked to jump off the couch and said “In our day we always did our burns when there was snow on the ground. He said “we never had these out of control burns like they have today.” I knew the answer to this, but I asked him anyway. I said “Why do they do that?” . He said “so they can spend all that dam money.  Its all about them he said , never mind the people here in Arizona that used to make their living in the timber industry.”  ” Dam Government ” he said.

Finally I asked ole Warnell , I said “When I take back our lands and natural resources from this federal government. Would you be interested in teaching a bunch of young bucks how to grade lumber?  A big  smile came over Warnell and he said,. “ I cant see that well any more but I can sure tell them what to look for.” . Why, you would have thought I just handed Warnell a million dollars.

I got up , and started for the door,. And Warnell said, “ You stay in touch now I want to know how your doing”

I told Warnell  “Sir, once Im in office I will work everyday to take back the land that Arizona should be managing. I will not rest until we have these lumber mills humming with big saws. And we have thousands of men and women working once again in the timber industry and all those off shoots of business that would be generated. I will see the day that we once again are cutting old growth pine, thinning, and rejuvenating the vibrant timber industry of the past. And saving whats left of our forest lands for future generations , to work in , play in and hunt in.

Interesting,. So does this mean we no longer need the FBI?  I wonder how they feel about this,. 

http://www.examiner.com/x-3704-Columbia-Conservative-Examiner~y2009m12d26-US-placed-under-international-policestate

A message that is long overdue

http://www.wtoc.com/global/video/flash/popupplayer.asp?ClipID1=4285612&h1=Editorial+-+11/09/09&vt1=v&at1=News&d1=186467&LaunchPageAdTag=News

Several months ago,  I wrote the following and sent it around the world,.  Since then I have had no less than a half dozen readers , respond with thoughts along the same lines.   This morning one of my campaign staff was  going thru the headlines of the Arizona Daily Star while we were having breakfast .

You can tell, the headlines were troubling.  Pappy he said, ” Do you really think you can turn this state around” . ” Well,” I said” With your help we are going to turn this state upside down, shake loose  all the rif raf  and let it fall. Then we are going raise  our sails and drive our ship back to fiscal sanity,business friendly, bring tax fairness to all citizens not just a few, by eliminating some and reducing others”.   But remember this the problems we face today are almost identical to the problems we faced in 1964. Only the names are different, and the  numbers are  greater.  So ask your self this,. The Republicans  and Democrats have been in charge for decades.  And if you will listen to this speech by Ronald Reagan (http://youtube.com/watch?v=yt!fYSAChxs) you will see that we have not only failed to maintain a free and sovern Republic. In fact we have moved our country into the socialist direction that Ronald Reagan and Barry Goldwater warned us about.  Its time we did something about this.  We must immediately introduce third parties into the political process.  Its obvious that Lawyers have been in large part the problem on both sides of the isle. It is obvious that the federal government has become a foreign government,  completely outside of the Constitution and our Bill of Rights.   It is time for States to claim their soverignty and restore the Republic.

The Arizona Governor is responsible for 18% of its total land mass. That must change.  The federal government should concentrate its meddling inside the beltway and keep its nose out of state business.   He asked me how long it was going to take.  I told him , Well, that depends on the other states,. If we can manage to elect Conservative Governors, that will not cave to special interests,. We can fix this in 6 months to a year.  So you need to tell all your cousins, around the country to support Conservative Candidates.   I also told my staffer that he and his  cousins , my state and my country were the reason I am running for Governor.  I told him that I would do everything in my power to make certain , that he would enjoy the Freedom and Liberties and Opportunities that I have enjoyed in my 65 years.  I told him that I wanted him to have the joy of watching his staffer, have the freedom and liberty to read the Arizona Daily Star, 60 years from now.  And that I want him to be able to look back and remember his pappy and how proud he was of you.  You see , when I was growing up as a small boy like you .  I grew up in a Orphange.  My mother your great grandmother earned $32.00 per month manageing the facility and  taking care of dozens of kids.  At the age of nine or ten I was selling a newpaper to farmers in the area,. That paper was called “Grit” . I also sold Farm Journal and Ladies Home Journal.  So you see Ive been a Capitalist since I was nine years old.  From those meager beginnings here I am running for Governor of the Great State of Arizona.  From the look on your face, Id say your going to start earlier than I did.  My young staffer then asked me, “Well Pappy do you have a plan”?.  With that I said yes,.  Just read on.

Merry Christmas everyone,  I had to have a little fun here today.  Its a beautiful day in Arizona,. 8 inches of snow,.. could life be any better?  yes,  it will be and soon.

The Plan to save the Union

Well folks , it is happening, exactly as the founders feared would happen over 200 years ago. Americans have elected a majority of public officials, that have as their agenda. The destruction of the United States of America. We have elected Presidents, that have been nothing more than puppets for groups hell bent on unwinding 200 plus years of the greatest country on the planet. We all know the problems. Washington DC and indeed many state Governments starting at the Top Job on down . Have worked their way into the political power structures. They have created systems, laws, bureaucracies, agencies, and regulations, at the county, state and federal level, that fly in the face of a Republic. We all know that the Constitution is being unraveled everyday, by this administration. And let us not forget the position the bush administration held towards the Constitution. We all know that the Radicals have taken over. They are creating and producing radical policies and agendas that will no doubt destroy America. So what is the solution? In my mind short of going to war. We have but one alternative. the following. We create four to five groups of states. I have a link posted to a page that shows a suggested grouping. Each of those Regional Groups will have a quizi government body. The Governors of those states will elect a Chairman to head the Region of States each year. Now before I go any further. I know there will be folks on both sides of the isle, and down the middle that will buck up against this. Both in and out of politics. Here is what I say to you: You have had your shot and you either screwed it up , or sat back and did nothing. To put it bluntly: Either lead, follow, or get out of the way. The idea is to have legislation drafted , and introduced into each states legislature, on the same day, with the same title, and the same language that says in a nut shell the following. “ We the Sovereign States of Arizona, Alaska, Nevada, Idaho, Utah, Montana, Wyoming, Colorado, effective January 1, 2012. Do hereby divest our lands, our citizens, our treasure of any relationship with any agency, department, political leader, legal or illegally elected , or with any body of previously recognized government such as would be located inside the District of Columbia.” We the afore mentioned Sovereign States effective Jan 1 2012 , do hereby exercise our 10th Amendment to the United States Constitution. Whereby we sever all , political, and civil ties. ( The lawyers can work out the proper language) Each state will bring to the table their respective Constitution, which the will be required to retake their oath of office. The Constitution of the United States will be placed on top of the State Constitutions . And each Governor of the member states will be required to take the following oath of office with their right hand on the Judeo Christian Bible. “I do solemnly swear, that I will faithfully serve and defend the Constitution of the United States to the best of my ability, Against all enemies foreign and domestic, so help me God” The founders of this great Christian nation knew that at some point in time in the future. That it would be necessary to bring to an end the political power structure otherwise known as the Federal Government of the United States. It has failed in every imaginable way. Note: We have already developed a plan to see to it that this legislation be drafted and introduced in the , what we will call for the immediate future “ The Sovereign Mountain States of the West” Otherwise known as Arizona, Nevada, Idaho, Utah, Montana, Wyoming, Colorado, New Mexico. It is time for strong , deliberate action,. We can no longer sit back and allow corrupt politicians, the Trilateral Commission, the Bilderbergers, the Federal Reserve, to manipulate and destroy our country. Like Tom Tancredo said: “This is our culture, we need fight for it. This is our flag , we need to pick it up. This is your country , we need to take it back.” Will it be a lot of work, Like Sarah says, “You Betcha”

Bruce Olsen Conservative Libertarian Candidate for Arizona Governor

 

His problem “Flake” is that while he opposes ear marks, he doesn’t mind the billions that are being wasted because of his push for amnesty and open borders. Fortunately he is losing on that front.

Lets face it Sean , Republicans are only conservative as long as conservatism doesn’t get in the road. Sean seems frustrated ,so why is it that he refuses to accept the fact that until we end the two party system . Nothing will ever change. He and Glenn both had the opportunity to get behind true Libertarian Conservatives, like Ron Paul and Chuck Baldwin.

The fear I have is that once again,. Hannity and Beck , and Limbaugh will hang our futures on the Republican party. And I can tell you from being out there on the Campaign trail. Republicans are bailing out everyday. Even a former PC sent me an email the other day, telling me she was out-of-here, referring to the Republican Party. She is now a Libertarian.

Finally, Copenhagen, Cap and Trade, Global Warming ie. Climate change.

Quietly we have been hearing about billions of dollars going to third world countries to create re- forestation. Due to the clear cutting they have been doing there for timber sales. Money supposedly to be used to replant and start new growth. Well we all know where those billions of dollars will go. Into the pockets of corrupt politicians. To buy whores, airplanes, Hummers, and mansions. Not to mention bank accounts in Zurich. And who can blame them if the World bankers , the UN and obama are that stupid why not take advantage of it,. After all the World Bankers , the UN and obama, have set the example.

Speaking of examples.  This morning Fox reported that housing starts were up 9.6 percent, or 574 thousand.  So here we go again,. We are going to set this housing bubble up for another economic collapse down the road,.  Anyone want to bet that these housing starts are within 100 miles of our White House,. We have all heard how obama is hiring government workers and giving out massive pay raises,.. Well when the American people stop producing and sending money to Washington.  Those taxpayer subsidized homes/housing will be going in to foreclosure.  China are you paying any attention to this ???????? “Mama, dont send your babies to Harvard“.

 Back to the Trees, The point is this,. The deforestation in those countries is being blamed for much of the so called global warming. So I ask you , what about all these 100’s of thousands of acres of forest lands that the United States Forest Service thru mismanagement has allow to be destroyed by wild fires,. And  lets not forget the role that the Sierra Club, and Nature conservancy has played in all of this.

The bottom line,.. If deforestation of our forest due to wild fires, is causing global warming. We need to put a dollar amount as to the going forward cost of global warming,caused by these wild fires.  A Cap and Trade number if you will.

Then we need to tell the Sierra Club and the Nature Conservancy and other nuisance groups that they are going to have to come up with those dollars , and pay back , to the affected states, not the federal government , that amount plus 100%. Additionally,until they come up with the fines,penalties and interest, they will not be allowed to conduct any lobbying, in the state. In addition all monies collected, will be donor tagged.  Its time we brought the tide in on these anti American groups.

It is time for States to step up , Serve , Protect and Defend State Constitutions and their Citizens.

One more item,: Teachers I am meeting on the campaign trail, are telling me it is time to Privatize Schools. More on that later,. In the mean time , think, Sex ed and Cell phones??? Curious?

　

My Comments on Bernanke :  Ben Bernanke is not qualified to be Fed Chairman no more than Allen Greenspan was,.  Either both of them had as an agenda to destroy the American economy or they’re just incompetant, . Here;s an example,..  In the confirmation hearing the other day ,. Senator Testor from Montana , asked Bernanke , “What qualifies a  loan as a good loan”   Bernanke had no credible anwser.  He finally got around to saying that a good loan was one that was paid back.  What was obvious from Bernankes testimony was that he does not understand the relation ship between Interest Rates and Free Market Principals,.. He stated that zero interest rates were good for the banks. The banks he was talking about was Goldman and Citi.  He said low rates made it advantageous for them to buy Government Insured Bonds,.. I beg your pardon, thats not the purpose of a Bank,.. Mabye an Investment Company , but not a bank,. That is exactly why we need Glass Steagl back in to law.   What he fails to understand is that banks need to loan , money from customers savings  and make the spread,.. He thinks that by printing cheap paper, he is making it easier for consumers to borrow.  When all he is doing is driving down the value of the dollar.    This guy has never created a job, or ran a bank, he is an academic pure and simple.  No way he should see another term running the printing press.  Better make the calls Ben,  the next semester starts in January.

December 3, 2009 - WASHINGTON, D.C. – Today, U.S. Senator Jim DeMint (R-South Carolina), chairman of the Senate Steering Committee, announced this morning that he will oppose the nomination of Ben Bernanke to serve a second term as the chairman of the Federal Reserve Board. Senator DeMint made the announcement after Bernanke’s confirmation hearing before the Senate Banking Committee, and pledged to object to floor consideration of the nomination until the Senate votes on S. 604, the Federal Reserve Sunshine Act of 2009.

“Ben Bernanke is an intelligent and well-intended public servant, but the fact is the Fed has failed the American people during his tenure as chairman of the Federal Reserve Board and I cannot support his nomination for a second term,” said Senator DeMint. “Americans want a new Fed chairman who is willing to provide transparency into the Fed’s actions, who is willing to accept responsibility for the Fed’s mistakes, and who is willing to support true monetary reform that guarantees the soundness of our money.

“Mr. Bernanke has been one of the chief proponents of the Fed’s easy money policy that created the current financial crisis. He ignored asset bubbles, dismissed concerns about the weakness of the dollar, and helped encourage the credit mania that led to the financial panic. Even worse, Mr. Bernanke has refused to accept any responsibility for his role in these actions prior to financial crisis.

On July 6, 2009, Senator DeMint attempted to get a vote on S. 604, which would remove restrictions on auditing the Fed’s discount window operations, funding facilities, open market operations and agreements with foreign central banks and governments. The vote was blocked but Senator pledged to keep fighting to force the Senate to vote on the measure.

“I will also object to floor consideration of Mr. Bernanke’s nomination until the Senate votes up-or-down on the Federal Reserve Sunshine Act. This bipartisan legislation, sponsored by Senator Bernie Sanders of Vermont, has over thirty cosponsors and would allow the Government Accountability Office to conduct a full audit of the Federal Reserve. Americans deserve to know how their money is being managed so these mistakes never happen again.

“Under Mr. Bernanke’s leadership, the Fed has lent several trillion dollars to failing financial institutions that should have been held accountable by market forces. The total amount of these bailouts exceeds the entire annual budget of the United States. Yet the public has not been given adequate information about these bailouts. In fact, Mr. Bernanke has the led the fight against bipartisan legislation in the House and the Senate to require a full audit of the Fed so Americans know what has taken place and what mistakes have been made.

“Mr. Bernanke’s failures extend beyond what critics like me of an overly powerful Fed have cited. He’s even failed his own standards. During his first confirmation hearing before the Senate in 2005, Mr. Bernanke outlined what he believed were the responsibilities of the Fed. On virtually every one, whether is was containing systemic risk, promoting the soundness of our banking system, or conducting monetary policy in a way that maximized employment, Mr. Bernanke has failed. We’ve seen systemic risk in our financial system like never before, the soundness of our banking system has been shaken to its core, and unemployment is now over ten percent,” said Senator DeMint.  

  FYI…   —– Original Message —– From: russellpearce To: russellpearce Sent: Thursday, December 10, 2009 10:50 PM Subject: FINALLY!!!! Fw: BORDER & ILLEGAL IMMIGRATION ISSUES:: Illegal Immigration Newsletter (Maricopa County Attorney’s Office, Phoenix, AZ)
Finally after 5 years Proposition 200 (I was the author of this along with Kathy McKee, Arizona’s Voter and Citizens Protection Act, known as Prop. 200) being enforced.  I put it in the budget to fulfill the wish and vote of the citizens of Arizona and fixed the loophole that our former Gov and AG Goddard used to thwart the publics will and vote.  This was passed by an overwhelming number of Arizona Voters in 2004.  The 3rd part that required “proof” of eligibility was not enforced.  It was not implemented because of Attorney General Terry Goddard and former Governor Janet Napolitano; a back door veto.   

Protect Arizona NOW supports an initiative, “Arizona Taxpayers and Citizens Protection Act,” that does three things:

Proof of citizenship to register to vote. The U.S. Constitution established more than 200 years ago that only citizens may vote. The initiative requires everyone equally to prove that eligibility. The Help America Vote Act of 2002 requires states to strengthen the integrity of their voter rolls, as does Title 7, Section 12 of the Arizona Constitution.

Photo I.D. When voting. Photo I.D. Is required to cash a check, apply for welfare, sign a lease, or get a rental card at a video store. Gov. Napolitano vetoed the photo I.D. Bill, stating it was illegal. Yet 11 states already have laws requiring I.D. When voting. Some laws have been on the books for decades.

Proof of eligibility to receive non-federal mandated public benefits. This is already on the books. The initiative would require everyone to provide proof of eligibility equally. The Urban Institute studied this extensively in 1994, the University of Arizona in 2001, and estimated such costs to vary widely in the tens of millions of dollars.

  Here

The Governor and Attorney General attempt to “veto” voter passed Prop. 200 by Legal Opinion and Executive Order.  Plus their continued effort to thwart the voters will and fight any and every effort to stop illegal aliens from getting taxpayer benefits, any enforcement effort or any other effort that would discourage them from coming into Arizona.

Here is what the former Gov and our current AG running for Governor did to Prop. 200 to stop its enforcement:

Proposition 200 consists of two major parts.  Sections 3, 4 and 5 dealt with certain requirements for voters, and are codified as amendments to A.R.S. §§ 16-152, 16-166 and 16-579.

This case concerns abuse of executive discretion when some of Arizona’s highest elected officials have improperly sought to block full implementation of an initiative measure approved by over one million Arizona voters. 

The Governor’s antipathy toward Proposition 200 became even more evident after the election, when she vetoed legislation TWICE designed to implement the voting rights part (Sections 3, 4 and 5) of Proposition 200, despite the fact that the Department of Justice had found no fault with it.  Secretary of State Jan Brewer, in her April 15, 2005 press release, cogently remarked: “I told the Governor that this bill was not in violation of federal law, yet instead of implementing the will of over 1 million voters, she chose to play legal games.”  Here, also, the Governor has failed fully to implement Section 6 of Proposition 200.

Also Arizona Constitution Article 7 Sec. 12 requires us to enact legislation and policies that protect the integrity of our elections.

Section 6 of Proposition 200 covered identification needed for the receipt of certain state and local public benefits not mandated by federal law.  Section 6 of Proposition 200, which is codified at A.R.S. § 46-140.01, is the part of Proposition 200 at issue in the case at bar.  The text of A.R.S. § 46-140.01 is as follows:

§ 46-140.01. Verifying applicants for public benefits; violation; classification; citizen suits

A.          An agency of this state and all of its political subdivisions, including local governments that are responsible for the administration of state and local public benefits that are not federally mandated shall do all of the following:

1.          Verify the identity of each applicant for those benefits and verify that the applicant is eligible for benefits as prescribed by this section.

2.          Provide any other employee of this state or any of its political subdivisions with information to verify the immigration status of any applicant for those benefits and assist the employee in obtaining that information from federal immigration authorities.

3.          Refuse to accept any identification card issued by the state or any political subdivision of this state, including a driver license, to establish identity or determine eligibility for those benefits unless the issuing authority has verified the immigration status of the applicant.

4.          Require all employees of the state and its political subdivisions to make a written report to federal immigration authorities for any violation of federal immigration law by any applicant for benefits and that is discovered by the employee.

B.          Failure to report discovered violations of federal immigration law by an employee is a class 2 misdemeanor.  If that employee’s supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is guilty of a class 2 misdemeanor.

C.          This section shall be enforced without regard to race, religion, gender, ethnicity or national origin.  Any person who is a resident of this state shall have standing in any court of record to bring suit against any agent or agency of this state or its political subdivisions to remedy any violation of any provision of this section, including an action for mandamus.  Courts shall give preference to actions brought under this section over other civil actions or proceeding pending in the court.

Before the November 2, 2004 election, Governor Janet Napolitano and Attorney General Terry Goddard publicly stated their strong political, legal and personal opposition to Proposition 200, and repeatedly urged Arizona’s citizens to defeat the measure at the polls. For example, on October 24, 2004, the Governor’s official activities included her participation in a “Pima Interfaith Council Kickoff Anti Proposition 200 Walk” in Tucson. 

In addition, on or about August 16, 2004, the Arizona Governor’s General Counsel Timothy A. Nelson issued a memorandum concerning Proposition 200 to Anna Maria Chavez, Director of Intergovernmental Affairs for the Office of the Governor.   The media widely reported this memorandum as representing the Governor’s views. 

 (The memorandum stated that Proposition 200 “purports to amend only Titles 16 and 41 of the Arizona code, relating to ‘electors and elections’ and ‘welfare’ respectively.  On the other hand, the plain language of [Proposition 200] makes clear that it applies to ‘any agency of this state and all of its political subdivisions, including local governments, that are responsible for the administration of state and local public benefits that are not federally mandated.’  The term ‘state and local public benefits’ is not defined anywhere in PAN or elsewhere in state law.  However, that term is defined broadly under federal law . . 8 U.S.C. 1621.  The proponents of [Proposition 200] appear to intend that it have a broad impact and are likely to argue in any court proceeding to enforce [Proposition 200] that it has such an impact.” 

On November 2, 2004, Arizona’s voters approved Proposition 200 by a margin of 56 percent to 44 percent.   There were 1,041,741 votes for (in spite of well over $1 million dollars spent on a deceptive campaign) and 830,467 votes against Proposition 200.  Voter exit polling indicated that an estimated 47 percent of Hispanic voters and 65 percent of non-White non-Hispanic voters voted in favor of Proposition 200. 

Far more important, all Arizona public officers and employees who rely “in good faith” on written opinions of the Attorney General are immune from liability, pursuant to A.R.S. § 38-466, which states that:

Notwithstanding any provision of law to the contrary, no public officer or employee is personally liable for acts done in his official capacity in good faith reliance on written opinions of the attorney general issued pursuant to § 41-193 or written opinions of a county attorney of the county or written opinions of the city or town attorney of the city or town for which the officer or employee serves or is employed.

Thus, a written Attorney General Opinion, such as Opinion I04-010, can have a tremendous impact on the conduct of all of Arizona’s public officers and employees and, in this case, on the meaning and implementation of Proposition 200.  In fact, it is fair to say that Opinion I04-010 is a form of executive veto on Section 6 of Proposition 200, reducing it from its original broad scope to a shadow of the original. 

Indeed, literally applied, the language of A.R.S. § 38-466 nullifies any penalty that violating Proposition 200 might impose on any Arizona public officials failing to enforce its provisions concerning state and local public benefits.

Congress has imposed a uniform national policy regarding state and local government-funded benefits for aliens that, inter alia, specifically prohibits illegal aliens from receiving federal, state or local public benefits. A state may only provide for eligibility of illegal aliens for “any” state and local public benefits through enactment of a state law after August 22, 1996 “which affirmatively provides for such eligibility.” Arizona has never enacted such a statute. 

By failing uniformly to require eligibility verification using the standards established by Congress for state and local public benefits under the Welfare Reform Act, and instead only selectively applying the verification requirements of Proposition 200 to Title 46 of the Arizona statutes, the Attorney General would create a novel state regulation of immigration conflicting with federal law.  A novel state regulation of immigration is inherently suspect on constitutional grounds and subject to strict judicial scrutiny. In contrast, an interpretation of Section 6 of Proposition 200 – one that correctly applies verification of eligibility requirement at A.R.S. § 46-140.01 to all state and local public benefits as defined by 8 U.S.C. § 1621 – provides a constitutional and statutory safe harbor, because it is by federal law “the least restrictive means available for achieving the compelling governmental interest of assuring that aliens be self-reliant in accordance with national immigration policy,” as well as “the compelling governmental interest to remove the incentive for illegal immigration provided by the availability of public benefits.” The Attorney General’s contrary conclusion was incorrect, improper, arbitrary, unjust and an abuse of discretion. 

The context of immigration and public benefits law, “state and local public benefits” constitutes a technical phrase that has acquired peculiar and appropriate meaning, i.e., the definition at 8 U.S.C. § 1621.  Since such a technical definition exists, the Attorney General’s arguments for a more restrictive definition, based on uncodified canons of construction, arguments in the publicity pamphlet, “ordinary” meaning of the words, and placement of the phrase within the amended statutory scheme must fail.  The Attorney General’s contrary conclusions were incorrect, improper, arbitrary, unjust and an abuse of discretion. 

Page 9 of Opinion I04-010 incorrectly asserts that the Arizona Health Care Cost Containment System (AHCCCS) is a “federal public benefit under 8 U.S.C. § 1611, rather than a ‘state and local public benefit,’” and is not subject to eligibility verification under A.R.S. § 46-140.01.  (First Amended Complaint at ¶ 57)  In fact, AHCCCS is a mix of federally-funded, state-funded, and jointly-funded public benefit programs. 

For example, Arizona’s Title XIX Medicaid program, administered by AHCCCS, is a federally-funded public benefit for which the immigration status of the applicant must, under Title 39 of the Arizona Revised Statutes and 8 U.S.C. § 1611, be verified as a condition of eligibility.  In contrast, the Premium Sharing Program, a state-created extension of the Title XIX program, is a wholly state-funded public benefit.

As a matter of law, an interpretation of Proposition 200 that state officials have no duty to verify immigration status of applicants for the Premium Sharing or other state-funded AHCCCS benefits programs under Title 36, but do have a duty to verify the immigration status of applicants for federally-funded Title 36 programs and for applicants for state-funded benefits programs under Title 46, such as respite care for the elderly or Temporary Assistance to Needy Families (TANF), would be arbitrary, and would evoke the constitutional concerns associated with a novel state regulation of immigration.  The Attorney General’s conclusions on these issues were incorrect, improper, arbitrary, unjust and an abuse of discretion. 

Opinion I04-010 depends on lesser legal authorities, such as uncodified theories of statutory construction and dictionary definitions, to create an improper and impermissible non-uniform state regulation of immigration.  The Attorney General’s Opinion in this aspect was incorrect, improper, arbitrary, unjust and an abuse of discretion. 

In contrast, Plaintiffs alleged in the First Amended Verified Special Action Complaint that application of a uniform federal definition of state and local public benefits to all Arizona state and local officials – excluding all federally mandated exemptions – is required by (1) federal immigration law; (2) constitutional case law on federal preemption and equal protection in the area of state legislation touching upon immigration status; (3) the codified Arizona rules of statutory construction; and (4) Arizona statutes.  Plaintiffs’ cited authorities are, as a matter of law, controlling over the inapplicable ones present in Opinion I04-010.  

In short, the term “state and local public benefits not mandated by federal law” in A.R.S. § 46-140.01 applies to all benefits described in 8 U.S.C. § 1621, regardless of whether those benefits are administered or regulated at the state or local government level by the Department of Economic Security, or by some other state agency or local entity.