The legal fiction that states can nullify US law persist in Texas

Austin American Statesman ^ | 2.6.2010 | Sanford Levinson

[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.

[BP2]

> Where in the Constitution does it say the Federal courts
> are the final arbiters of any and all Constitutional issues?

>> Article III where it defines the court's jurisdiction.

I know precisely what Article III, Section 2, Clause 1 says, and that's exactly why I asked.

It's a common misconception.

Over time, nationalists — thanks primarily to Chief Justice John Marshall's decisions early in the country's history — have been very successful at planting the idea in the American mindset that our Federal courts are the final arbiters of any and all Constitutional issues.

These “powers” of THE REPUBLIC have been perverted and distorted over the centuries from Original Intent. Remember - we are a REPUBLIC ... the UNITED States.

When the SCOTUS reviews a question, all too often it is HOW the Constitution applies to a given matter, versus IF the Constitution applies to that matter at all! Too many times the States have acquiesced their States Rights — mostly out of ignorance — as a result of some inane SCOTUS or Federal Court verdict which introduces some new doctrine, and thus somehow changes the fundamental relationship of the federal government to the States ... and individual Americans.

SHAME on the States for NOT standing up for their rights in the past. However, that's precisely WHY so many states are asserting their 10th Amendment rights NOW (see map below) — the Federal Government is too bloated and is growing beyond its original mandate. Just like Obama, the Federal Government has over-reached and the States are saying not only "no," but "HELL NO!"

It may surprise you to learn that, in Federalist 81, Alexander Hamilton remarked that there is:

“not a syllable ... which directly empowers the national courts to construe the laws according to the spirit of the Constitution, or which gives them any greater latitude in this respect than may be claimed by the courts of every State.”

Lastly, Non-Sequitur, as you seem to buy into the (false) notion that the Constitution is a “LIVING DOCUMENT” concept, with the power of the Supreme Court expanded to what it was truly meant to be, I submit to you that in the months and years ahead, the Constitution will devolve into what the Founding Fathers intended — from the mutant and bastardized Centralized government we are today, back into a republic of States that we've been all along, but simply forgot about.

That Tipping Point has arrived, where the States (one by one) are realizing of their Federal Government that

"Centralized Power corrupts absolutely."

More and more States are finally realizing that the only way to stop the Abuse and Corruption in Washington DC is to limit the Federal Government's power ... and eventually, to limit the money the Federal Government takes away from the citizens of the States.

[Jim Robinson]

Woo hoo!! States rights bump!!

[Jim Robinson]

The South is gonna rise again, but this time they’ll be having lots of help!!

Rebellion is brewing!!

DON’T TREAD ON ME!!

[Jim Robinson]

God bless Texas!!

[Jim Robinson]

If Eric Holder wants our guns he should come and get them! We’ll be right here waiting for him!!

To hell with gold. Invest in LEAD!!

[editor-surveyor]

.
Jim Robinson, Investment Councelor!
.

[editor-surveyor]

"She does not specify the mechanism by which nullification would take place..."

Wrong! - She clearly stated that the authority is the constitution.
.

[Jim Robinson]

I’ve posted before that I’m out of gold and fully invested in lead. Much bigger bang for the buck!!

[TexasFreeper2009]

I called a Palin/Perry or Perry/Palin ticket over a year ago.

[pgkdan]

Damn straight!

[ilovesarah2012]

The first state to secede is where I am moving.

[Pollster1]

"The legal fiction that states can nullify US law ... 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."

That authority is unquestionable if we're dealing with issues of law: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

It's thus not a question of law but of will. When it comes to guts, there aren't many leaders in history who could stand up to Texas. As for the socialist pansy in our White House, I doubt that he could stand up to a pair of hostile 6th graders, even with TOTUS on his side.

So long as a federal law goes beyond the Enumerated Powers, the states have the legal authority to nullify that law. When it comes to Texas, they have the power to make that stick in many situations ... and when they do I'm moving to Texas.

[TexasFreeper2009]

another Texas President?

LOL

George H.W. Bush was born in Massachusetts.
George W Bush was born in Connecticut.

A REAL Texan might be exactly what we need.

[TexasFreeper2009]

First of all Texas has it’s own power, more than we need in fact. If the feds cut the lines, we would be just fine, on the other hand California would be sitting in the dark.

Water - we got tons.
Ports are all ours.
Money - we could print our own.
Roads - who wants to leave Texas ? :)

[Uncle Chip]

It means I believe in the Constitution.

Natural Born Citizen clause excluded, of course. Right???

[crusty old prospector]

You da man!

[reaganaut]

Legal ping!

[Non-Sequitur]

Natural Born Citizen clause excluded, of course. Right???

Wrong, as usual.

[Non-Sequitur]

George H.W. Bush was born in Massachusetts. George W Bush was born in Connecticut.

And both considered themselves honest to God Texans. Who am I to disagree with them?

A REAL Texan might be exactly what we need.

Like LBJ?

[GeronL]

Medina is correct. The Constitution says the powers not given to the federal government belong to the states or to the people.

Next question?