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To: Lurking Libertarian

Does anyone know what the states can actually do about the federal government overruling them? Other than all of us complaining about it? If there IS something we can do, how do we the people get it started? I know we have talked about secession etc, but in reality what can be done?


38 posted on 10/10/2014 4:00:53 PM PDT by Wisconsinlady (Is the GOP actually TRYING to lose in 2014 and 2016?)
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To: Wisconsinlady
Does anyone know what the states can actually do about the federal government overruling them? Other than all of us complaining about it? If there IS something we can do, how do we the people get it started? I know we have talked about secession etc, but in reality what can be done?

The most recent historical precedent is the Supreme Court's desegregation rulings in the 1950s. (No, I am not comparing gay marriage to desegregation, just pointing to the last time states tried to defy SCOTUS rulings.)

When a federal court ordered Little Rock Central High School desegregated, Gov. Faubus said the state wouldn't comply. The federal court sent U.S. Marshals to enforce its order; Faubus called out the National Guard to block them. President Eisenhower federalized the Arkansas National Guard, relying on the provision in the Constitution that the President can federalize state militias when needed "to execute the Laws of the Union." Eisenhower was afraid the Arkansas Guard wouldn't obey federal orders, so he also called up units of the regular U.S. Army to stand by if necessary, but the Guard obeyed the federal orders and escorted black students into Central High.

So the short answer to your question is that there is very little a state can do to fight a federal court order if the President is prepared to use military force to enforce the court's order.

47 posted on 10/10/2014 4:10:35 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Wisconsinlady

To hell with secession! That’s the coward’s way out! Grab your rifles. There can be only one winner in this debauchee - It is either us or them. We CANNOT and SHOULD NOT attempt to “coexist” ... Our federal government is beyond reform. Period. The American “republic” as we knew it is D-E-A-D. We need to recognize and accept this fact, taking all that comes with it - and act accordingly. The situation is NOT going to get better just because Republicans win an election. This crap train will only be stopped by force of arms. You are deluding yourself if you believe otherwise.


106 posted on 10/12/2014 8:55:38 PM PDT by WTFOVR (I find myself exclaiming that expression quite often these days!)
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