Are legislatures sovereigns who can do no wrong? Must they delegate authority to HOA regimes?

The Arizona Legislature, this past regular session, withheld transmitting bills to the Governor after having been duly passed.  The Governor claimed political gamesmanship and obtained an Arizona Supreme Court order that declared that bills must be submitted to the Governor in a reasonable time, and that the actions by the Legislature were unconstitutional.

With the Republican leadership now asking for a “recount” by the Supreme Court on the budget order, it appears that they are uneasy about flaunting the law. The legislature has  disregarded the Supreme Court’s order that a  bill must be submitted to the Governor within a reasonable time.

Now, of course, there are also those other questions about “internal” procedures by the “sovereign of the state of Arizona”, the Legislature, as it seems that the Legislature firmly believes that the “sovereign can do no wrong.”  Let’s see, there was the June 7, 2008 invention of a new floor rule to defeat the gay marriage bill.  And just the other day, an alleged one voiced vote by Senate President Burns in his Rules committee, which was sufficient to pass the budget bill.  What happened to the rules on majority  vote?

And, of course, there are all those failures to pass HOA reform bills to restore the rights, privileges and immunities supposedly granted to ALL citizens, whether or not living in an HOA.  It appears that no legislative oversight is necessary of HOA governing regimes, holding HOAs to be  unaccountable under the Constitution, but the regulation  and control of citizens by these private organizations in place of legislative authority is permitted.  Is this the new world order?  Is this, too, an unconstitutional usurpation of legislative authority?

Part III (p . 29  -30), American Local Governments  (of The Foundations of Homeowners Associations and the New America),  recounts some of the relevant principles and philosophy of democratic, representative government. Quoting John Locke (Ch. IX, Of the Ends of Political Society and Government, § 141, Second Treatise of Civil Government, John Locke, 1690).

The legislative, or supreme authority, cannot assume to its self a power to rule by extemporary arbitrary decrees, but is bound to dispense justice, and decide the rights of the subject by promulgated standing laws, and known authorized judges;

The legislative cannot transfer the power of making laws to any other hands: for it being but a delegated power from the people, they who have it cannot pass it over to others. The people alone can appoint the form of the common-wealth, which is by constituting the legislative, and appointing in whose hands that shall be. And when the people have said, We will submit to rules, and be governed by laws made by such men, and in such forms, no body else can say other men shall make laws for them; nor can the people be bound by any laws, but such as are enacted by those whom they have chosen, and authorized to make laws for them.

I believe that the legislature is answerable not to just half the people, but to all the people, and takes an oath to uphold the both the US and their respective state constitutions.

Published in: on July 9, 2009 at 9:29 am  Comments (1)  

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  1. […] conscience” non-consent to support HOA reforms Following up on my last post, “Are legislatures sovereigns who can do no wrong?“, the failure of legislators to obey, uphold and enforce the laws is a serious example of the […]

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