Skip to comments.The legal fiction that states can nullify US law persist in Texas
Posted on 02/07/2010 6:15:41 AM PST by wolfcreek
An unexpected feature of this year's gubernatorial race is the revival of certain political notions identified with early American history. Republican candidate Debra Medina in particular has made nullification a major aspect of her campaign, both in her two debates with U.S. Sen. Kay Bailey Hutchison and Gov. Rick Perry and on her Web site, which includes, under the label "Restore Sovereignty," the message that the U.S. Constitution "divides power between the federal and state governments and ultimately reserves final authority for the people themselves. Texas must stop the over reaching federal government and nullify federal mandates in agriculture, energy, education, healthcare, industry, and any other areas D.C. is not granted authority by the Constitution."
She does not specify the mechanism by which nullification would take place, but, obviously, she appears to believe that the legal authority to nullify is unquestionable, making it only a question of political will.
(Excerpt) Read more at statesman.com ...
The argument for secession is spelled out on a monument to the Confederate war dead that stands on the grounds of the Texas Capitol.
In real Texan's minds, it's NOT fiction.
And it’s not just in Texas.
I need to visit Texas again before I need a passport to do so! :-)
Texas states rights ping!
Sorry, Austin Hatesman trash paper, the will of the people supersede the will of the Federal government...the people and states created the feds, not vice versa. Nice try, but no cigar.
“...but, obviously, she appears to believe that the legal authority to nullify is unquestionable, making it only a question of political will.”
There is nothing to nullify, really,if the fedgov were limited to it’s constitutional powers.
Funny how ‘the law’ seem to only work on one direction with some people.
So which legal fiction would that be, the 9th or 10th Amendments to the Constitution?
Not with Ft. Hood inside your borders......
I thought the civil war settled the question once and for all. The federal government rules supreme. Once you allow one state to secede where does it end? It ain’t gonna happen, such attempts will bring nothing but grief. Americans have to stop trying all these bizarro ways of fixing the washington problem. The problem lies there and that’s where it needs to be changed.
“Austin is the San Francisco of the south, led by a scum bag democrat Senator Lloyd Dogshit. We cant secede? We cant secede?”
No, we cannot secede. The Supreme Court ruled on it and said it was unconstitutional.
Someone on this site stated the above...I still laugh at that to this day.
When Texas pulls the States rights lever and raises it’s collective middle finger to Washington is the day I pack up and move back. Don’t mess with Texas!
...the idea of folks taking back power scares the MSM...they move fast to try and quash talk like that.
...Texas Gov Rick Perry made a big splash this year by speaking about states rights...he just may be our next GOP presidential candidate.
“...that President Barack Obama would, like Lincoln, call on federal troops, including those stationed at Fort Hood, to arrest secessionist traitors and to fire upon their supporters. Another is that much of the rest of the country would be more than willing perhaps out-and-out delighted to live in a 49-state Union that did not include Texas.”
Spoken like a true liberal scumbag. Further proof that we can not co-exist with those filthy pigs.
What was it the lefties used to say: speak truth to power. Yeah, the power lies with the Fed Gov, they control the military, or so they think. The truth is in the last amendments to the bill of rights which were specifically put there because the Framers wanted to ensure there was no misunderstanding of the roll of the Federal Government vis a vis the roll of the states and the people.
Interesting. So a SCOTUS ruling is going to matter when the people of this state decide to leave the union? You really think we care?
Saying we can’t secede because of a SCOTUS ruling is like saying we can’t nullify overreaching federal laws.
If memory serves the idea that a state could nullify a federal law died in 1832.
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