State Treasurer: Cams are Unconstitutional


From TheNewspaper.com:

Dean MartinAnother top elected official in Arizona has spoken out against photo radar in response to increasingly vocal resistance from the driving public. State Treasurer Dean Martin (R) on Monday wrote to the state’s solicitor general instructing her to side with the League of Cities and Towns — and against himself — in a lawsuit brought against the state budget. …

“The governor and legislature cannot raise taxes or ‘log-roll’ provisions into the budget that violate the constitution,” Martin explained in a statement. “These laws are unconstitutional since they did not receive the 2/3 majority vote of the legislature which is required to raise taxes.” …

Martin singled out this provision, which was adopted without debate in the legislature, as “a tax increase without a 2/3 vote” (view text of photo radar law). Article 9, Section 22 of the state constitution requires a super-majority vote on legislation that creates a net increase in state revenue from “any new state fee or assessment” or tax.

8 Responses to State Treasurer: Cams are Unconstitutional

  1. Jerry says:

    This is a perfect example of how to fight this scam. It is in raising constitutional issues. In this case it was the state constitution. When the evidence is properly presented to the federal courts and countered by the U.S. Constitution, the Federalist Papers, and the opinions of the U.S. Supreme Court Justices, then their house of cards comes crashing down.

    I watch a lot of movements against the scam, and, even though hard evidence is presented, it can never stand in a federal court. What really makes a difference is their documented confessions in their own writings. These reveal that their actions “do not rise to the level of any legitimate governmental interest”, thus destroying the public safety arguments they use to have these types of cases dismissed.

    The traffic citation scheme began in 2001, and the photo radar camera scam is just a continuation of it. In order to destroy the entire scheme, a case needs to be presented that shows an original intent and subsequent actions. It can be defeated legally and utterly crushed beneath our feet.

    In a nutshell:

    As Alexander Hamilton foresaw: …the general government will at times stand ready to check the usurpations of the state governments, and these will have the same disposition towards the general government. . . . If [the people’s] rights are invaded by either, they can make use of the other as the instrument of redress. The Federalist No. 28, at 181 (Alexander Hamilton) (C. Rossiter ed., 1961).

    Mr. Hamilton expressed, in the Federalist 83, the universal sentiment of his time, when he said, that the arbitrary power of conviction and punishment for pretended offences, had been the great engine of despotism in all ages and all countries. The existence of such a power is incompatible with freedom.

    Greed is the powerful force of evil that drives lawless individuals to obstinately victimize others for personal and monetary gain. The individuals consumed with greed never even consider the many ways their victim’s lives are devastated by their arbitrary abuses of power.

    Mr. Justice Matthews, J wrote, “When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power.

    Mr. Hamilton, “Wilful abuses of a public authority, to the oppression of the subject, and every species of official extortion, are offenses against the government, for which the persons who commit them may be indicted and punished according to the circumstances of the case. Federalist 83

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  4. michael campos says:

    If I have recieved a camera citation, and have been served a summons, how do I fight it in court?

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