Rep. Franks Statement on Recent ACORN Developments

For Immediate Release	Contact: Bethany Haley or Ben Carnes 202-225-4576

Franks Statement on Recent ACORN Developments

Calls on Democrats to Pass Defund ACORN Act and End Federal Funding of ACORN Once and For All

September 24, 2009 – Congressman Trent Franks (AZ-02) today issued the following statement in response to an announcement this week that the IRS has decided to end its affiliation with the corrupt "Association of Community Organizers for Reform Now," or ACORN, following a recent House vote on an amendment stripping federal funding from ACORN.

"Last week, the House of Representatives took a laudable step in voting to cut off all federal funding from the notoriously corrupt organization ACORN. However, a vote in the House is not sufficient, and I urge my colleagues in the Senate and President Obama to maintain the pressure on ACORN by supporting the Defund ACORN Act.

"As of this week, the IRS has joined the Census Bureau in a decision to end its partnership with ACORN. I applaud the decisions on the part of these federal agencies, and I urge the President, whose ties to ACORN run deep and who has been disturbingly ambiguous on the issue, to do the right thing by putting every effort into ensuring no federal agency continues to have dealings with such a shamefully dishonest group.

"It is astonishing that, despite ACORN's incredible rap sheet, nearly 80 Representatives STILL voted against removing the organization's access to federal funding. It seems ACORN's years of illegal partisan campaign activity are paying off amongst the liberal Democrats in Congress who still refuse to sever ties to ACORN. I hope the President and every one of my colleagues in Congress will redouble their efforts to ensure our government no longer misuses the tax dollars with which we have been entrusted by funding such corrupt organizations, and the first step in rectifying the situation is ensuring passage and enactment of the Defund ACORN Act."

PV Mayor Parker Launches Gov. Website; Compelling Speech, Life Story Included

Paradise Valley Mayor Vernon Parker Launches Gubernatorial Campaign Website

Paradise Valley, AZ. September 24, 2009. So what’s all the excitement about? Check it out at www.Parker2010.com. Yesterday, Paradise Valley Mayor Vernon Parker shook up the 2010 Governor’s race by forming an exploratory committee for the office. Robust fundraising is already underway.

Evolving daily www.Parker2010.com will be a state-of-the-art web site. Visitors will be able to view Mayor Parker’s Twitter feeds, Facebook updates, a biography of the Mayor, his compelling life story, issues that are important to Arizonans, the latest videos and the speech he gave September 23^rd to hundreds of supporters & Republicans to launch his campaign.

Supporters are encouraged to sign up on the site in order to receive campaign updates.

Contact:

Jason Rose

Rose & Allyn Public Relations
Office: 480. 423.1414

Mobile: 602. 791.4488

jrose@roseandallynpr.com

AFP: Upcoming AZ Town Halls and Tea Parties

Dear Arizona Taxpayers and Tea Partiers:

Thanks again to all of Arizona’s 9-12 Tea Partiers!

Arizona couldn’t top the ONE MILLION tea partiers in Washington, DC on 9-12: http://www.youtube.com/watch?v=-VMXz6xGeqc

But as these photos and videos show, we had a great gathering at the Arizona state capitol:

http://www.a-d-w.com/Events/9-12TeaParty/index_9.html

http://sonoranalliance.com/?p=4910

And there were over 800 attendees at the 9-12 tea party in Yuma: http://www.americansforprosperity.org/091209-great-day-9-12-yuma-tea-party

Thanks to your efforts and your support, AFP and Patients First (www.joinpatientsfirst.com) have thrown a lot of sand into the gears of the political machine that is trying to tighten Washington’s control over our health care. And AFP is continuing to expose the special-interest handouts and giveaways in the cap-and-trade/tax-and-spend energy bill: http://www.americansforprosperity.org/files/Policy_Paper_0909_0.pdf

But WE MUST KEEP UP THE FIGHT to defend and expand America’s free enterprise system from all predators, regardless of what party they belong to.

For a list of upcoming taxpayer town halls, tea parties, protests, debates, and informational panels in Arizona, go to the AFP Arizona home page (www.aztaxpayers.org) and scroll down to the first news item. Or, use this link: http://www.americansforprosperity.org/090109-september-town-halls-and-tea-parties

To suggest additions to our events list, email me at tjenney@afphq.org.

Tom Jenney

Arizona Director
Americans for Prosperity
( Arizona Federation of Taxpayers)
www.aztaxpayers.org
tjenney@afphq.org
(602) 478-0146

Pictures from Politics on the Rocks with Vernon Parker

Shadegg: Liberal Washington Democrats Continue to Push Big Government Health Care Takeover

FOR IMMEDIATE RELEASE

September 23, 2009 Contact: Sara Mueller

(202) 225-3361

Liberal Washington Democrats Continue to Push Big Government Health Care Takeover

Shadegg: “Every American who cares about freedom should consider today’s Energy and Commerce Committee action a call to arms, as Democrats again pushed through the government health care takeover America has rejected, H.R. 3200.”

WASHINGTON, D.C. – Congressman John Shadegg (AZ-03) issued the following statement on today's continuation of the Energy and Commerce Committee markup of the Democrats’ government takeover of health care:

“Today, once again, liberal Washington Democrats in the House have demonstrated they are not listening to or interested in what the American people want in health care reform.

“Every American who cares about freedom should consider today’s Energy and Commerce Committee action a call to arms, as Democrats again pushed through the government health care takeover America has rejected, H.R. 3200.

“It would be the height of arrogance to simply ignore the public expression and outpouring of concern that has occurred since this committee first adjourned its markup of H.R. 3200 in July. Yet, sadly, Washington liberals have brushed aside the concerns of Americans and are pushing forward with their government takeover of health care.

“The American people do not want the heavy hand of government telling us what kind of care we can have. They do not want government micromanaging every aspect of our health care system. They do not want a government mandate forcing them to buy insurance. They do not want an employer mandate. And they don’t want much of what’s in this more than 1,026 page bill, which to this day they will not release to the public.

“Every Republican bill provides reasonably priced coverage to every American with a pre-existing condition or chronic illness; all Republican proposals provide coverage for every single American. What they don’t do is enact a government takeover of health care. Sadly, it is now completely clear that President Obama and Speaker Nancy Pelosi have no interest in Republican ideas on health care reform. They will not listen until we kill this bill. For those Americans who mistakenly believe Speaker Pelosi has backed off H.R. 3200, today’s action makes it clear she has not. If America does not want the bill they rejected in August, they need to speak up, and speak up loudly now.

“There’s a tremendous opportunity, here and now, for the Majority to act with humility, press the reset button, and work with Republicans to pass legislation that responds to the needs, wishes, and desires of the American people.”

Federalist Society Event on Judicial Selection

The Phoenix Lawyers Chapter of the Federalist Society invites you to join us for a discussion on:

Judicial Selection in Arizona, featuring Arizona Supreme Court Justice Andrew Hurwitz and Arizona Republic Columnist Robert Robb.

Tuesday, October 13, 2009, 12 - 1:30pm
The event will take place at the Embassy Suites hotel located at 2630 E. Camelback Rd., next door to the Biltmore Shopping Center.

Lunch will be provided for a cost of $25. Register and pay online at: http://www.fed-soc.org/events/id.1740/event_detail.asp.

* CLE NOTE: This event may qualify for up to 1.0 hours of Arizona CLE credit, and there is a $5 charge for CLE materials.

* Registration ends at 5p.m. on October 9th so register today!

Goldwater Institute: ACT test results show Arizona has serious challenges to address

By Matthew Ladner, Ph.D.

Does Arizona rank near the bottom, in the middle, or towards the top in terms of academic achievement? New testing data sheds light on the subject.

Two writers I read frequently have adopted optimistic stances. Pat Kossan cites dropout and Terra Nova data in developing an "it could be worse" thesis--likening Arizona to a C student. Greg Patterson writes that Arizona has SAT scores above the national average.

Those positions might be a bit too optimistic. Arizona's SAT scores are inflated by the fact that we have among the lowest participation rates in the nation. Terra Nova, well, don't get me started.

On April 22, 2009 almost 12,000 high school juniors from eight Arizona districts took the ACT exam. By having essentially all the students take the exam, these eight districts were able to much more accurately gauge where they stand in relation to other areas where all students take the exam, like Colorado and Illinois.

The participating districts--Flagstaff, Globe, Lake Havasu, Mesa, Peoria, Phoenix, Round Valley and Window Rock--are to be commended for their participation. A delicate way to describe the results would be "mixed," but "occasionally catastrophic" would also be accurate.

The news isn't all bad, but Phoenix Union outscored the Detroit Public Schools only by a whisker. Another of the districts fell well below Detroit. That's right, it's not a misprint. DETROIT. The highest scoring district, Mesa, failed to beat the statewide average for either Colorado or Illinois. Most of the districts were far below these statewide averages.

The good news is that we can make Arizona's schools much better without spending huge amounts of money, which we don't have any in any case. But we first have to admit that we have a serious problem.

Dr. Matthew Ladner is vice president for research at the Goldwater Institute.

Learn More:

Goldwater Institute: Florida shows how to close an academic achievement gap in the public schools

Arizona Republic: Ariz. school scores dispel failing labels

Espresso Pundit: Arizona Schools Better than Half the Nation

Goldwater Institute: Taxpayers have right to register opinion on Coyotes with City of Glendale

by Carrie Ann Sitren

There are some decisions our elected officials can make without much public input--like where to purchase office supplies, or renewing an annual business license. Other decisions require multiple public meetings, workshops and discussions, and taking into account many perspectives.

You can probably guess which type of decision the multi-million dollar Coyotes professional hockey team is for Glendale. City officials have worked around the clock for months to negotiate $20 million in annual taxpayer subsidies and the fate of the City's $180 million Jobing.com hockey arena, where the Coyotes play.

With the team in bankruptcy, the City has twice come out in favor of one new owner over another. But it has never invited public comment.

Glendale rejected a generous offer from Jim Balsillie without any public meeting, workshop, or study released to compare the alternatives. The Council also snubbed Jerry Moyes, a Glendale resident and the team's current owner who likely has important information to offer. Mike Bidwill, CEO of the Arizona Cardinals football team located in Glendale, opposed one of the City's preferred deals, as did a retailer near the hockey arena. The Goldwater Institute represented Glendale taxpayers in the team's bankruptcy proceeding to register their opinion against owners who require a City subsidy. And the only poll on the issue indicates that 75 percent of Glendale taxpayers do not want to subsidize a new team owner.

Glendale business people and taxpayers should not have to resort to media outlets and legal wrangling to voice their opinions about City issues. It is the responsibility of their elected officials to ask and to listen.

It's not too late for Glendale officials to do the right thing. Coyotes ownership is still in limbo, and the bankruptcy judge could rule any day. Officials should make it a top priority to solicit public comments. That's what democracy is all about.

Carrie Ann Sitren is an attorney with the Goldwater Institute.

Learn More:

Goldwater Institute: Goldwater Institute v. City of Glendale

Wall Street Journal: Save the Coyotes? Not on Taxpayers' Dime

Americans for Prosperity: Poll: Phoenix and Glendale Taxpayers Reject Special-Interest Subsidies

1st Major Candidate into AZ Governor’s Race? Paradise Valley’s Mayor Vernon Parker to Make Major Announcement Before Hundreds Wednesday Evening

Paradise Valley, AZ September 22, 2009: Against the symbolic backdrop of Camelback Mountain just before sunset, Paradise Valley Mayor Vernon Parker is expected to make a major announcement regarding the 2010 Governor’s race on Wednesday evening. If he declares, Parker would be the first major candidate to jump into the gubernatorial race. The speech is expected to cover a wide range of topics facing Arizona, the need for change, a new voice for the Arizona GOP and Parker’s amazing life story.

Several hundred people are expected at the September event of “Politics on the Rocks.”

Mayor Parker grew up in Long Beach, California in an area where it was as tough as it gets. There were times when Parker would arrive home from school to find furniture missing because his uncle had stolen and sold whatever he could carry away to support his heroin addiction. In a city where kids are more likely to succumb to gang affiliation, Vernon instead worked his way through community college and the public universityultimately graduating from Georgetown Law School. While attending Georgetown, Mayor Parker served as Editor in Chief of the Georgetown American Criminal Law Review.

After law school, Vernon served as General Counsel of the United States Office of Personnel Management in Washington, DC, and he served in the White House as Special Assistant to President George H. W. Bush. He also served President George W. Bush as the first ever Assistant Secretary for Civil Rights for the United States Department of Agriculture. The U.S. Senate confirmed him unanimously. He now serves as the Mayor of Paradise Valley, having won with a record 67 percent of the vote in 2008, in his first try for office.

Arizona voices view Mayor Parker’s possible run for governor favorably.

“Vernon is an excellent, compelling voice for the Arizona Republican Party in this state,” said Paul Gilbert, a prominent Valley attorney who served as Gov. Mitt Romney’s Arizona Chairman during his 2008 run for president.

If elected governor Mayor Parker would be the first African American Republican governor in U.S. history.

“Mayor Parker is a stand-up guy with an unbelievable personal story. His candidacy would be very good for our Party and potentially our state,” said Maricopa County Sherriff Joe Arpaio qualifying that he has still not closed the door completely on running for governor himself and is not yet endorsing any candidate for governor if he does not run.

“Mayor Parker has served the residents of Paradise Valley well and would bring his collaborative style and strong leadership skills to the Governor's Office. I hope he decides to run because he is the kind of change we need in state leadership,” said Town of Paradise Valley Councilwoman Pam Kirby.

Event Details:

Mayor Parker will be speaking at “Politics on the Rocks” tomorrow, September 23^rd at 5:30pm. Over 300 people are expected to attend. The event will be held at theInterContinental Montelucia Resort and Spa in Paradise Valley. The Resort is located at4949 E Lincoln Drive Paradise Valley, Arizona 85253.

Contact:

Jason Rose

Rose & Allyn Public Relations

Office: 480. 423.1414

Mobile: 602. 791.4488

jrose@roseandallynpr.com

ADF: Judge Orders Child’s Faith be Tested

A homeschooled girl is ordered to attend public school after judge deems her Christian faith too much like her mother's. Learn more.

You may have seen the headlines or learned about this latest Alliance Defense Fund case on the radio or television. It is causing outrage…and for good reason.

An ADF-allied attorney, along with the client, are considering appealing a New Hampshire court decision to send a 10-year-old, academically gifted, and socially adapted girl to a government-run school against her and her mother's will.

If a family court judge in New Hampshire can order this girl to school, for no other reason than to challenge her faith in Christ, what's next? Don't wait to find out!

Your generous support provided the funds necessary to take this case, and any special gift you can give today will continue help defend Our First Liberty – religious freedom.

---

Stakes High as Planned Parenthood Launches Major Assault on Abortion Laws - September 22, 2009 Planned Parenthood is pushing back - hard. Objections to Tolling Church Bells Have the Ring of Religious Persecution - September 15, 2009 Preserving a Legacy - September 8, 2009

Art Laffer to Receive 2009 Goldwater Award

The Goldwater Institute is pleased to announce that Dr. Arthur Laffer will be the guest of honor at this year's Goldwater Dinner. Widely recognized as the “Father of Supply-Side Economics,” Dr. Laffer will receive the 2009 Goldwater Award for Liberty in recognition of his lifetime achievement advancing the principles of a free society.

Laffer will join National Review's Jonah Goldberg and other special guests for a celebration of freedom that you won't want to miss.

The Goldwater Dinner will be held on Tuesday, October 27 at the Scottsdale Plaza Resort. Table sponsorships and individual tickets are available now at http://www.goldwaterinstitute.org/event/3683.

P.S. Thought you would appreciate Dr. Laffer’s incisive commentary on the Great Depression’s lessons for today’s policymakers in today's Wall Street Journal: http://online.wsj.com/article/SB10001424052970203440104574402822202944230.html?mod=djemEditorialPage

AFP: Join Rep. John Shadegg for a Health Care Tele-Townhall

Today, the Health Care Takeover bill formally begins markup in the Senate Finance Committee.

For months now, you and I and literally hundreds of thousands of grassroots activists have been working non-stop to protect our health care from an over-reaching, Big-Brother government.

Now, we're entering the decisive final phase with crucial votes and hearings in Senate Finance. I have two action item requests for you:

1. National Tele-Town Hall Meeting Tonight. Tonight at 8:00PM Eastern Time we're holding a special National Tele-Town Hall meeting to brief you on the first day of the Finance Committee's markup and to detail key provisions still in the health care legislation. Our special guests for this call will be Congressman John Shadegg and Nina Owcharenko, Senior Policy Analyst for health care at The Heritage Foundation's Center for Health Policy Studies.

To join us, call 888-356-3090 at 8:00 pm ET and enter the extension 13383.

You'll have the opportunity to ask questions and give us your thoughts on where we stand.

2. National Summit on Oct. 2 & 3. In less than two weeks on October 2 and 3, AFP will be co-sponsoring the 3rd Annual Defending the American Dream™ Summit and AFP Foundation just added national radio host and FOX News contributor Laura Ingraham. As you may know, Laura is a breast cancer survivor with a powerful message on the health care issue. I'm thrilled that she can join us for the October 2nd "Tribute to Reagan" Dinner.

On Friday, October 2 at 2:00pm ET, Americans for Prosperity will be hosting a National "Hands Off My Health Care" Town Hall meeting at the U.S. Capitol. We're urging folks attending the National Summit to come in early for this National Town Hall meeting.

Congress will actually be in session and most likely debating the health care legislation on October 2 during our National "Hands Off My Health Care" Town Hall meeting at the U.S. Capitol. That's why I'm urging you to consider attending our Summit. CLICK HERE for more information.

After our National Town Hall meeting, we will break up into state groups and go into the Senate office buildings to visit your Senators' offices. By the time we get to October 2, these Senators will have heard day after day from lobbyists, Obama Administration officials, Speaker Pelosi and Majority Leader Reid and all the liberal special interest groups. On October 2, they need to here from folks like you and me. And, that's what we're going to do.

This past weekend, President Obama went on five network talk shows. He followed up with David Letterman last night. The president believes he's having trouble "getting his message through to Americans."

Respectfully, I disagree with him. Based on my travels across our nation since July, our fellow citizens are hearing the president loud and clear -- and Americans don't trust the president when he says a government takeover of health care will save money, not increase taxes and still let them keep their own health coverage.

That's why polls show more than half of Americans OPPOSING the health care takeover.

Our job is to finish strong and with your continued determination that's exactly what we're going to do!

Tim Phillips

PS: Please join us tonight for the Tele-Town Hall Meeting! To join us call 888-356-3090 at 8:00 pm ET, and enter the extension 13383 when prompted at 8:00 pm ET.

For all the information about the Defending the American Dream™ Summit and to register, visit www.defendingthedream.org!

CAP responds to legal challenges to Abortion Consent Act

Two Arizona legislators together with medical and related organizations filed motions Tuesday through their attorneys with the Alliance Defense Fund and Center for Arizona Policy to intervene as defendants in separate federal and state lawsuits aimed at stopping new protections for women considering an abortion.

"Women, like anyone else considering any other medical procedure, deserve information about the abortion procedure, its risks and alternatives, as well as an in-person consultation with a doctor," said CAP President Cathi Herrod. "The Abortion Consent Act being challenged empowers women and girls to make informed choices about their healthcare. If the abortion industry led by Planned Parenthood and the Center for Reproductive Rights really cared about women's rights, they'd welcome this law to allow women to make fully informed choices instead of challenging it in court."

Those seeking to intervene include bill sponsors Sen. Linda Gray and Rep. Nancy Barto, doctors, pharmacists, and other interested organizations that wish to defend the common-sense protections offered by the law, including provisions challenged in both lawsuits requiring abortionists to inform women about risks at least 24 hours prior to the procedure and protecting the rights of conscience of healthcare workers. In the state lawsuit, the intervenors seek to defend the challenged provisions prohibiting surgical abortions from being performed by non-doctors and requiring notarization to prevent forgery of a parent's signature authorizing an abortion for their minor daughter.

"The parties seeking to intervene in the lawsuit also support the law's rights of conscience provisions. No one should be forced to participate in or facilitate an abortion that violates their conscience," Herrod explained.

Nearly 30 other states require informed consent by statute with some form of waiting period. Over 40 states require abortions to be performed by licensed physicians. Federal and state courts have upheld these provisions, and they enjoy overwhelming public support. According to a recent Harris poll, 88 percent of adults support laws which require abortion providers to inform mothers of possible risks to their health and of abortion alternatives, 95 percent favor laws ensuring that abortions be performed only by licensed physicians, and 73 percent support laws requiring parental involvement in a minor's abortion. Additional polls indicate that 87 percent of Americans believe that health care workers should not be forced to participate in abortions.

The motion to intervene in the state case, Planned Parenthood of Arizona v. Goddard, was filed in the Arizona Superior Court for Maricopa County. Themotion to intervene in the federal lawsuit, Tucson Women's Center v. Arizona Medical Board, was filed in the U.S. District Court for the District of Arizona. Attorneys with the BioEthics Defense Fund and Life Legal Defense Foundation also are serving as co-counsel.

Sheriff Arpaio looks into Supervisor Mary Rose Wilcox's airport restaurant financing, minority business status

Some excerpts from the article in the Phoenix Business Journal -

The Maricopa County Sheriff’s Office investigation into County Supervisor Mary Rose Wilcox and her business’ restaurant lease at Phoenix Sky Harbor Airport focuses on whether Wilcox’s restaurant met minority-owned business standards, her statements to the city-owned airport on that status, and financing of the restaurant venture, including but not limited to, a $450,000 loan given to Wilcox and her husband Earl by HMSHost Corp.

Under federal rules, airports such as Sky Harbor need to have some of those contracts go to minority- and women-owned businesses.

One of those contracts went Grant Park Enterprises, a Phoenix company owned by the Wilcoxes. A deal between HMS and the Wilcoxes then involved the latter receiving a $450,000 loan and the Wilcoxes having 30 percent ownership in the Chili’s Too restaurant in Terminal 4, according to airport documents.

American Majority activism & candidate training this Saturday

LD4 Moonlight Serenade Dance

Goldwater Institute: Renewable energy rules: Defying the market, technology, and the constitution

by Clint Bolick

Whenever I describe the Goldwater Institute's legal challenge to the Arizona Corporation Commission's renewable energy rules, a question often arises: why are you against renewable energy?

The answer is easy: we're not. Renewable energy fosters energy independence, and the government should not interfere with the rapid development of energy alternatives. Indeed, we recently argued in favor of allowing firms to facilitate installation of commercial solar panels without the Commission's regulatory oversight.

But nor should it act as if technology and cost obstacles do not exist. Wind power, for instance, faces huge distribution challenges. Solar power heavily uses water, which presents a bit of a problem in the desert, and cannot yet be efficiently delivered without heavy subsidies.

For the Commission, cost and technology are no object. It has decreed that the state's utilities under its jurisdiction must provide 15 percent of their energy from specified renewable sources--not including hydro or nuclear--by 2025. Its sweeping rules purport to govern almost every facet of the utilities' business decisions regarding renewable energy.

The rules far exceed the Commission's limited constitutional authority to set rates. When the Maricopa County Superior Court ruled otherwise in the opening round of our legal challenge, Commission chair Kris Mayes said the decision would "keep electricity rates as low as possible." To the contrary, the Commission's own staff projected the rules would cost consumers--who will pick up the entire tab--at least $2.4 billion above the cost of conventional energy. The burden falls most heavily on small businesses, which already are paying up to $118 more per month in surcharges alone. Mayes wants to increase the renewable energy requirements to 25 percent, which could end up costing small businesses more than $1,000 per month in extra utility charges.

The Commission's misguided regulations will persist until a higher court reins it in or until the Legislature reclaims the authority over energy policy that the renegade Commission has stolen from it. Until then, ordinary Arizonans will pick up the tab for this utopian scheme.

Clint Bolick is director of the Goldwater Institute Scharf-Norton Center for Constitutional Litigation.

Learn More:

Goldwater Institute:Miller v. Arizona Corporation Commission

MSNBC: Desert clash in West over solar power, water

New York Times: Wind Energy Bumps Into Power Grid's Limits

Goldwater Institute: Court decisions share blame for Arizona's budget deficit

by Nick Dranias

During the Great Depression, Chief Justice Alfred C. Lockwood dissented against a string of Arizona Supreme Court decisions that allowed the state to deviate from the Arizona Constitution's pay-as-you-go budget rules. In one case, Lockwood warned, "Facilis descensus Averno. Sed retro!" Translation: "The road to hell is easy. Reconsider!"

Seventy years later, Arizona faces one of the nation's largest budget deficits. The JLBC reports that the state finished fiscal year 2009 $500 million short. And there is already nearly a $500 million deficit for fiscal year 2010. But even that could be understated as revenues continue to decline.

A major hole in the 2010 budget was plugged by "sale/lease-back" schemes that, in substance, authorize mortgaging state assets for $750 million, which the state will be obligated to pay off in 20 years or less. But these deals are not required to generate more than $250 million before December 31, 2009, and the $500 million balance is not required to materialize before June 30, 2010. Given the shaky economy, it is fantasy to bank on these revenues. If no one buys the assets, the state government could easily be short this $750 million for fiscal year 2010, on top of the existing deficit that hasn't been addressed.

In short, we have reached the dead end of the road taken in the 1930s. While it is easy to blame the Governor and the Legislature, much institutional responsibility lies with the Arizona Supreme Court for pragmatically breaking the Constitution's strict budgetary rules seven decades ago, despite Chief Justice Lockwood's warnings. Even the state's sale/lease-back schemes follow the Arizona Supreme Court's own guidance on how to evade the Constitution's limit on long term debt financing.

Allowing the state to run a billion-dollar deficit over two fiscal years is openly contemptuous of Article 9, Sections 3 through 5, of the Arizona Constitution. At the first opportunity, the Arizona Supreme Court must vindicate Chief Justice Lockwood and purge such contempt from its own precedent.

Nick Dranias holds the Goldwater Institute Clarence J. and Katherine P. Duncan chair for constitutional government and is the director of the Institute's Dorothy D. and Joseph A. Moller Center for Constitutional Government.

Learn More:

JLBC: Current FY 2010 Budget Status after Governor September 4th Vetoes

HB2010: Sale lease back

Justice Lockwood Dissent: Prideaux v. Frohmiller

Justice Lockwood Dissent: Board of Regents of University of Arizona v. Sullivan

Justice Lockwood Dissent: Carr v. Frohmiller

Arizona Constitution: Article 9, Section 3

Arizona Constitution: Article 9, Section 4

Arizona Constitution: Article 9, Section 5