Home > Constitution, Elected Officials, Flagstaff Liberty Alliance, Police State, Politics > Flagstaff City Council Stood Up To The Federal Government In 2002

Flagstaff City Council Stood Up To The Federal Government In 2002

By Elisha Dorfsmith

In 2002, the City Of Flagstaff took a stand against the federal government and opposed the Patriot Act. Flagstaff City Council Resolution No. 2002-91 not only rebuked the federal government for their unconstitutional activity, it told the federal government to respect the Constitution when they come to Flagstaff.  Here is a sample:

“Whereas, several actions recently taken by the federal government, including the adoption of the USA Patriot Act, several Executive Orders, and the Homeland Security Act may allow the federal government, when pursuing matters of security, to sacrifice fundamental liberties protected by due process and “probable” cause including freedom of speech, assembly, and privacy; the right to legal counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures, all of which are guaranteed by the constitutions of Arizona and the United States.”

It goes on to say:

“2. Any federal or state law enforcement officials acting within the City of Flagstaff work in accordance with the policies and procedures of the City of Flagstaff and when cooperating with City Departments, continue to guarantee the fundamental constitutional rights of all Flagstaff residents.”

Over the past few weeks, we’ve been hearing a lot of talk in Arizona about Nullification and states’ rights as Arizona takes steps to stand up to the federal government. A lot of my progressive friends have been writing the newspaper and posting on social networking sites saying that anyone who questions the Federal government is an anarchist or someone who wants to secede from the union.  The AZ Daily Sun went so far as to write an editorial suggesting that those who want to stand up to the federal government are “loony” and “over the top”.

When I defended the idea of Nullification on State Representative Tom Chabin’s Facebook Page, someone said the following:

“If your argument works for the individual states, then it should also apply to us as individuals. Because we are actually the source of all authority in the states, we should be able, as individuals, to nullify any law in a state that we don’t agree with. Perhaps it’s Anarchy that you are promoting.”

This got me to thinking. In 2002, when the Flagstaff City Council passed a resolution saying that the unconstitutional parts of the Patriot Act did not apply to Flagstaff, were they being anarchists?

My friend on Tom Chabin’s facebook page closed with the following:

“…the end result of what you suggest is anarchy. Every individual becomes his own sovereign…following the lead of the states…denying any law he doesn’t agree with…anarchy.”

States have the 10th Amendment to help back them up but the Flagstaff City Council was standing alone as a small city in Northern Arizona against the Patriot Act. Clearly, according to the logic of my progressive friends, the Flagstaff City Council in 2002 was filled with anarchists!

Here is the full text of Resolution No. 2002-91:

A Resolution Reaffirming the City of Flagstaff’s Commitment to Civil Liberties

Whereas, the City of Flagstaff has a long and distinguished history of protecting the civil rights and civil liberties of its residents; and

Whereas, the City of Flagstaff houses a diverse population, including students, working people, and non-citizens, whose contributions to the community are vital to its character and function; and

Whereas, the City Council of Flagstaff is committed to upholding the human rights of all persons in Flagstaff and their free exercise and enjoyment of any and all rights and privileges secured by our constitutions and laws of the United States, the State of Arizona and the City of Flagstaff; and
Whereas, effective means of ensuring the security of our people must be balanced against the reductions in basic civil liberties; and

Whereas, several actions recently taken by the federal government, including the adoption of the USA Patriot Act, several Executive Orders, and the Homeland Security Act may allow the federal government, when pursuing matters of security, to sacrifice fundamental liberties protected by due process and “probable” cause including freedom of speech, assembly, and privacy; the right to legal counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures, all of which are guaranteed by the constitutions of Arizona and the United States; and

Whereas, national responses to extremist threats can be both effective in reducing such threats and still respect our Constitution’s most basic and treasured freedoms;

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FLAGSTAFF:
Section 1. That the City of Flagstaff, acting in the spirit and history of our community, hereby requests that:
1. All City Departments continue their strong commitment to preserve residents’ freedom of speech, religion, assembly and privacy; the right to counsel and due process in judicial proceedings and the protection of unreasonable searches and seizures.
2. Any federal or state law enforcement officials acting within the City of Flagstaff work in accordance with the policies and procedures of the City of Flagstaff and when cooperating with City Departments, continue to guarantee the fundamental constitutional rights of all Flagstaff residents.
3. Our Congressional delegation monitor the implementation of the Acts and Orders cited herein and advocate for the protection of fundamental rights and liberties guaranteed by the United States and Arizona Constitutions.

Section 2. This resolution shall become effective upon adoption.

flagstafflibertyalliance.com

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  1. February 20, 2011 at 9:04 am

    Last night I posted this blog on State Representative Tom Chabin’s Facebook page and he deleted it. That speaks volumes.

    Nullification in the AZ Daily Sun again today:

    http://azdailysun.com/news/opinion/mailbag/article_751de308-535b-5ca4-95ed-81929913e50f.html

    http://azdailysun.com/news/opinion/mailbag/article_100bf9e8-648d-5a5d-af71-80f6bad9a79b.html

  1. March 1, 2011 at 1:38 pm
  2. January 2, 2013 at 4:22 pm

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