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To: WXRGina

Unfortunately the power of the States to overrule the Supreme Court ultimately lies in Ratification of Amendments — and you need 38 States. Little did anyone foresee that more than 12 states would give up their rights to the “Progressives”. For the foreseeable future, we on the Right are not going to be able to pass any Amendment which would bring back balance to the Constitution.

I would recommend an Amendment that would be a re-write of the Tenth Amendment, with specifics and some teeth....


7 posted on 02/01/2013 10:35:25 AM PST by Nabber
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To: Nabber; WXRGina
Madison and Jefferson already used state nullification.

Thomas Jefferson said in the Kentucky Resolution:

That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who administer the government, and not the constitution, would be the measure of their powers: That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under color of that instrument, is the rightful remedy

12 posted on 02/01/2013 10:43:04 AM PST by DJ MacWoW (My faith and politics cannot be separated)
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To: Nabber

“Unfortunately the power of the States to overrule the Supreme Court ultimately lies in Ratification of Amendments — and you need 38 States.”

That applies to federal acts that are within its power and constitutional.

When the federal government exceeds its power with unconstitutional acts that’s when the statements of Jefferson/Madison come into play and state nullification kicks in.

Example: It’s within the federal governments power to raise and support armies, and states can’t deny that power without a 38 state amendment.

However, if the federal government were to pass a law establishing a church for example and requiring everyone to join, or pass a law shutting down all newspapers, then the states can nullify.

The Supreme Court really only has one choice in regards to rights guaranteed by the constitution, not interpret them but obey them. If they don’t then that’s where state nullification comes into play.


22 posted on 02/01/2013 11:56:21 AM PST by ScottfromNJ
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