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To: dontreadthis

I think that the possibility of nullification is one reason why the Dems employed the nuclear option in order to pack the DC Federal Appeals Court. Which is the main court where regulatory challenges are heard prior to being escalated to the Supreme Court.

So the process would be for states to nullify, the Feds to sue and the Dem majority on the Appeals Court to rule in favor of the Feds and direct the states to do what they’re told to do.

The truth is that the functional ability of the states to nullify without triggering a Constitutional crisis ended with the 16th and 17th Amendments. Without the ability to delay and/or deny tax payments (at least the portion the Fed required from the states as opposed to from Tarriffs, etc) and Senators with a vested institutional interest in being very pro states rights, the states have a very limited set of tools to choose from here.


12 posted on 12/12/2013 6:04:37 AM PST by tanknetter
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To: tanknetter

so true. But has not South Carolina found a creative way to partially circumvent the Feds? ie. by refusing to use State resources to assist?


24 posted on 12/12/2013 6:22:00 AM PST by dontreadthis
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