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Proposition 120: State sovereignty

Legislative Council analysis:

In 1910, the United States Congress passed the Arizona-New Mexico Enabling Act, allowing Arizona to become a state. The Enabling Act also granted Arizona approximately 10.9 million acres of state trust land, subject to certain terms for the management, operation, use and disposition of those trust lands.

Proposition 120 would amend the Arizona Constitution to declare Arizona’s sovereign and exclusive authority and jurisdiction over the air, water, public lands, minerals, wildlife and other natural resources within the state’s boundaries. Specifically excluded from this declaration are Indian reservations, lands of the United States and federal “forts, magazines, arsenals, dock-yards, and other needful buildings” obtained for

federal government purposes, as required by Article I, section 8, clause 17 of the United States Constitution. Proposition 120 also would amend the Arizona Constitution to repeal Arizona’s disclaimer of all right and title to public lands within the state (except Indian reservations) and to repeal Arizona’s consent to provisions of the Enabling Act.

Proposition 120 would declare that each state possesses full attributes of sovereignty on an equal footing with all other states, as provided by the United States Constitution, and that state sovereignty is fundamental to the security of individual rights, free government and the inherent political power of the people.

Proposition language:

(HCR2004 – 50th 2nd Reg)

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