Paul Bender

Professor Paul Bender was quoted in an article for KTAR written by Sean Peick on Friday, Sept. 28, titled “Prop. 120 would declare state power over resources.”

If the proposition passes on Nov. 6, it would transfer power and jurisdiction of Arizona’s natural resources from the federal to state government, in order to control and prevent wildfires and other problems that can arise from mismanagement or neglect from the federal government, according to Rep. Chester Crandell, R-Heber.

Proposition 120 would allow the state to “declare its sovereign and exclusive authority and jurisdiction over the air, water, public lands, minerals, wildlife and other natural resources within its boundaries.” The federal government would still maintain jurisdiction over Tribal lands and military installations.

Crandell and other supporters of the proposition say, “Arizona should declare its sovereignty.”

However, Bender said, “It’s very clearly unconstitutional. Most people have more sense than to think that you can be part of the United States and not part of the United States, depending on whether you like what the federal government's doing or not."

To read the article, click here.

Bender teaches courses on U.S. and Arizona constitutional law. He has written extensively about constitutional law, intellectual property and Indian law.