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To: supercat

The problem is that it is the federal judiciary(US District Courts, Circuit Court of Appeals and the SCOTUS) that determine whether federal laws or even state laws conflict with the United States Constitution). While a state may have a legitimate argument that a federal law is contrary to the powers delegated to Congress in the Constitution the state in of itself has no lawful power to nullify the federal law or make a state law in contrary to the federal law. The combined power of a state governor, state legislature, state supreme court and local law enforcement cannot stop the enforcement of a federal law that is on the books by federal officers enforcing the federal law.

The only way this country will return to what it should be is at the ballot box and to elect a conservative President who will make conservative appointments to the federal judiciary. Also, we need a conservative Congress. All of these nullification laws that are only really symbolic is only going to make the federal government stronger in the end as the federal judiciary will likely utterly reject these state laws and establish even stronger precedent against state nullification laws.


118 posted on 05/02/2013 5:30:45 PM PDT by Tarheel25
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To: Tarheel25

“The problem is that it is the federal judiciary(US District Courts, Circuit Court of Appeals and the SCOTUS) that determine whether federal laws or even state laws conflict with the United States Constitution). While a state may have a legitimate argument that a federal law is contrary to the powers delegated to Congress in the Constitution the state in of itself has no lawful power to nullify the federal law or make a state law in contrary to the federal law. The combined power of a state governor, state legislature, state supreme court and local law enforcement cannot stop the enforcement of a federal law that is on the books by federal officers enforcing the federal law.”

The federal judiciary is just a branch of the federal government and does not supersede the Constitution. Quoting Thomas Jefferson:

“Furthermore, the general government is not the final and authoritative judge of its own powers, since that would make the government’s discretion, and not the Constitution, the measure of those powers-but rather the parties to the contract, the states, have each an equal right to judge for themselves whether the Constitution has been violated as well as “the mode and measure of redress”-since there is no common judge of such matters among them.

Thus, every state can of its own authority nullify within its territory “all assumptions of power by others”-i.e., all perceived violations of the Constitution by the federal government.”


119 posted on 05/02/2013 5:47:41 PM PDT by ScottfromNJ
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