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Ending Executive Amnesty: Let’s strike a blow for states’ rights.
nat review ^ | 12/27/14 | Josh Gelernter

Posted on 12/28/2014 8:11:11 AM PST by bestintxas

This week, Tennessee became the 25th state to join a lawsuit against the president’s executive amnesty order. The lawsuit may work, but there’s another, more direct, and considerably more interesting redress against executive overreach. Proposed in 1798 by Thomas Jefferson and James Madison.

In 1798, Congress passed the Alien and Sedition Acts, which were signed into law by President John Adams. The A&S Acts comprised four bills that increased the federal government’s power to shut up dissenters; most noxious was a provision that permitted the prosecution of anyone who said anything about the government that the government considered “seditious.” Fourteen of the dominant Federalist party’s political enemies were arrested and imprisoned.

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John Adams has — to date — been our only Federalist president. Prior to the presidential election of 1804, votes were cast only for president; each elector in the Electoral College cast two presidential votes, and whoever came in second became the vice president. In 1798, Federalist John Adams’s VP was Democratic-Republican Thomas Jefferson — and Thomas Jefferson hated the Alien and Sedition Acts. So did future president James Madison.

Like all VPs, Vice President Jefferson had approximately no power. And James Madison wasn’t even vice president. So, like all great dissenters, they grabbed their pens and — anonymously — wrote the Kentucky and Virginia resolutions. The K&V resolutions laid out what would come to be known as the nullification doctrine.

The nullification doctrine posits that, as the federal government is the product of the Constitution, and the Constitution is a compact of the states, it’s the states that have the final say on any law’s constitutionality. If a state determines that a law exceeds the terms of the compact to which it agreed, it has the right to nullify that law within its own borders.

(Excerpt) Read more at nationalreview.com ...


TOPICS: News/Current Events
KEYWORDS: statesrights
Once again, the founders had it right.
1 posted on 12/28/2014 8:11:11 AM PST by bestintxas
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To: bestintxas

bump.


2 posted on 12/28/2014 8:12:43 AM PST by 9thLife
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To: bestintxas

And todays hack hate that doing everything to change it all for $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$.


3 posted on 12/28/2014 8:19:06 AM PST by Vaduz
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To: bestintxas

Hussein gonna keep on doing whatever he wants until the Capitol police come to arrest him.

Anyone in the FedGov who crosses him will be tossed by a phalanx of cops loyal only to him....why do you think Jeh Johnson is in charge of the Department of “Homeland” Security? Think a casper would do that for him?

He successfully changed the buzz after the election by doubling down. He won that bet because he knows what rump rangers the “Republicans” are.

Fundamental change: Whitey gotta lose. Whitey gon’ pay, and pay big. Homeys gon’ live in style....until the cash run out, and then we borrow more.

The Mexicans are just a way to marginalize the Americans, threaten them...then he can get revenge for His People.


4 posted on 12/28/2014 8:32:04 AM PST by Regulator
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To: bestintxas

There is really no such thing as states’ rights. There is just a phony claim used for political manipulation. States may get to feel they have power, but make no mistake, they only get what the federal powers let them keep — and that only for a time.


5 posted on 12/28/2014 9:22:11 AM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: The Ghost of FReepers Past

The solution is secession. Anything else means doodley squat.


6 posted on 12/28/2014 9:24:40 AM PST by central_va (I won't be reconstructed and I do not give a damn.)
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To: bestintxas

Listen up Article Fivers.


7 posted on 12/28/2014 9:44:39 AM PST by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: bestintxas

It seems to me that this article misses the point — Obama cannot order a State to issue driver’s licenses to illegal immigrants with an executive order or a memorandum or anything else.

You may recall that the ACA was written to bribe the States into creating exchanges because the FedGov cannot write a law ordering a State to do something (e.g., create an Exchange).

Using the same principle, Congress cannot even order a State to issue driver’s licenses to these new “immigrants”, much less Obama alone with an Executive Order or Memorandum or anything else.


8 posted on 12/28/2014 10:14:50 AM PST by Mack the knife (aS)
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To: bestintxas

If a state determines that a law exceeds the terms of the compact to which it agreed, it has the right to nullify that law within its own borders.

The Civil War pretty much buried this idea 6 feet under. There is another Constitutional way the founders included if the Federal government escaped its boundaries. It has never been used. Click on my name or the graphic to read more.

9 posted on 12/28/2014 4:26:42 PM PST by Nateman (If liberals are not screaming you are doing it wrong!)
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To: The Ghost of FReepers Past
There is really no such thing as states’ rights.

The states have the ULTIMATE power if they can agree to use it. Article V allows for amendments the states themselves create , independent of the federal government. With 66 out of 99 state legislatures now under Republican control there has never been a better time to use it. With invading parasites about to inflate the RATS voter base, a trick which can keep the RATS in power until our final collapse , there has never been a more urgent need to get it done, QUICKLY or else!

10 posted on 12/28/2014 4:36:25 PM PST by Nateman (If liberals are not screaming you are doing it wrong!)
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To: Georgia Girl 2
Listen up Article Fivers.

Might as well put me on your PING list, Mark Levin has made me a convert

11 posted on 12/28/2014 4:39:22 PM PST by Nateman (If liberals are not screaming you are doing it wrong!)
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To: central_va
The solution is secession. Anything else means doodley squat.

The Civil war destroyed more American lives than any other war. If things are so bad it calls for war, it means you have nothing to lose and everything to gain by using the peaceful method of Article V first.

12 posted on 12/28/2014 4:50:15 PM PST by Nateman (If liberals are not screaming you are doing it wrong!)
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To: Nateman

Secession does not mean war. War only comes if the Feds want it. Otherwise it is a peaceful orderly process.


13 posted on 12/28/2014 4:58:15 PM PST by central_va (I won't be reconstructed and I do not give a damn.)
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To: central_va

Even if I grant it does not mean war, and history suggests otherwise, Article V is still a better choice because secession could still happen if Article V failed. Successful amendments would mean a stronger country than smaller split ones.


14 posted on 12/28/2014 5:13:25 PM PST by Nateman (If liberals are not screaming you are doing it wrong!)
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To: Nateman

Well I agree with that. This may be our last good chance to do it.


15 posted on 12/28/2014 5:16:57 PM PST by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: Nateman
I prefer the direct route (secession) to the exit.

The country is divided ideologically and cannot exist as one, and nothing even remotely indicates it will be again. The two ideological groups are mutually exclusive and cannot exit in the space at the same time. Socialism and individual freedom are polar opposites. Therefore their needs to be at least two physical countries where each can type migrate. It is only logical.

16 posted on 12/28/2014 5:18:14 PM PST by central_va (I won't be reconstructed and I do not give a damn.)
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To: central_va
The country is divided ideologically and cannot exist as one

You could just as well made this claim about the Revolutionary War. The Tories certainly had mutually exclusive goals yet it still worked in the end. The beauty of the original Constitution is it allowed for differences so vast you could even have slavery in some states and not others. Now that the horror of slavery is gone I believe the Civil War amendments should be repealed as they are no longer necessary. Not only that but they are now used heavliy by the collectivists for their evil goals. That is one of the things that could be debated before a new convention.

17 posted on 12/28/2014 5:59:25 PM PST by Nateman (If liberals are not screaming you are doing it wrong!)
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