About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2022 Op. Ariz. Att'y Gen. 1 (2022)

handle is hein.sag/sagaz0120 and id is 1 raw text is: STATE OF ARIZONA
OFFICE OF THE ATTORNEY GENERAL
ATTORNEY GENERAL OPINION                             No. I22-001
(R21-015)
By
Re: The Federal Government's Duty To
MARK BRNOVICH                   Protect the States And The States' Sovereign
ATTORNEY GENERAL                     Power Of Self Defense When Invaded
February 7, 2022
To:   Jake Hoffman, Representative
Arizona House of Representatives
Questions Presented
The request seeks a formal legal opinion on whether the federal government has
failed-intentionally or unintentionally-to uphold its obligations to protect our state from
invasion under Article IV, Section 4 of the U.S. Constitution. To fully and properly answer this
question from the perspective of the State of Arizona, this Opinion will address the below issues.
1.    What constitutes actually invaded for purposes of Article I, Section 10 (State Self-
Defense Clause) and invasion for purposes of Article IV, Section 4 (Invasion
Clause) of the U.S. Constitution? Do States retain constitutional power to defend
themselves when actually invaded by hostile non-state actors such as armed cartels and
gangs, or only by foreign powers?
2.    Can the current situation at Arizona's border with Mexico-where the federal
government has lost or severely degraded its operational control of the border and in
which cartels and gangs are smuggling unauthorized aliens and large quantities of drugs

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most