Arcata No Military Recruitment Initiative (2008)
From Ballotpedia
An Arcata No Military Recruitment Initiative, or Measure F, appeared on the November 4, 2008 ballot in Arcata, in Humboldt County, California. The measure is citizen-initiated, and required the collection of signatures to earn its spot on the ballot.[1]Measure F prohibits military recruitment of youth under 18 in the city of Arcata.
Measure F was approved with 72.59% of the vote.
Aftermath
After Measure F won at the polls, the federal government filed a complaint with the city asking that it not be enforced. The Arcata City Council in mid-January "directed the City Attorney to conduct additional research on the matter for further discussion by the council in a Closed Session ... on Jan. 28."[2]
Arcata's governing body was concerned about the legal costs of defending the successful citizen initiative against a potential federal lawsuit.
The proponents of Measure F recruited Dennis Cunningham, a San Francisco attorney, to offer a pro-bono defense of Measure F.
Judge tosses Measure F
On June 18, 2009, federal judge Saundra Armstrong struck down Measure F as well as Measure J, a similar measure in Eureka, saying it was unconstitutional. Specifically, Armstrong agreed with federal Department of Justice attorneys that the law violates the clause of the federal Constitution that establishes the Constitution, federal statutes and treaties as the supreme law of the land. Government attorneys had argued that military recruitment falls under the purview of the federal government and that it cannot be regulated by state or local governments.[3]
Armstrong was appointed to the federal bench by George W. Bush in 1991.
See also
References
- ↑ Council to consider Arcata Youth Protection Act, sales tax measure, July 1, 2008
- ↑ Eureka Times-Standard, "Defend the voice of the people", January 16, 2009
- ↑ Associated Press, "Calif. cities' military recruiting laws tossed", June 18, 2009
