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The legal fiction that states can nullify US law persist in Texas
Austin American Statesman ^ | 2.6.2010 | Sanford Levinson

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 ...


TOPICS: Activism/Chapters; Breaking News; Constitution/Conservatism; Government; US: South Carolina; US: Texas
KEYWORDS: 10thamendment; constitution; liberalidiots; media; mediabias; medina; neoconfederate; notbreakingnews; nullification; paulbots; secession; sovereignty; statesrights; teapartyrebellion; tenthamendment; texas
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To: broken_arrow1
We can't secede? We can't secede? Just let Mr. Zero appoint 2 new SCOTUS and repeal the first and second amendments and watch what happens....

Yes, well beware of what you wish for.

41 posted on 02/07/2010 6:44:29 AM PST by Non-Sequitur
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To: Non-Sequitur

It’s a little more complicated than that.

http://www.tenthamendmentcenter.com/


42 posted on 02/07/2010 6:45:16 AM PST by fightinJAG (Largest wing in future Obama Presidential Library will be devoted to Bush & Cheney)
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To: Bloody Sam Roberts

No...as the column points out, nullification and secession are not the same.

Of course, the column ignores thde BoR.


43 posted on 02/07/2010 6:45:19 AM PST by Gondring (Paul Revere would have been flamed as a naysayer troll and told to go back to Boston.)
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To: Gondring
Recall that the Constitution was ratified with states explicitly stating that it was only under the condition that secession is allowed.

Only two implied that, and Madison himself said that the concept of conditional ratification was ridiculous.

44 posted on 02/07/2010 6:45:35 AM PST by Non-Sequitur
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To: Non-Sequitur
It means I believe in the Constitution.

Yea? Good for you, but the Feds don't and they have broken the contract. Now it is a Lie and Swear contract. Congress lies and SCOTUS swears to it. This is not the limited and enumerated Fed that the States, and the people, authorized.

45 posted on 02/07/2010 6:45:45 AM PST by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: raybbr

“How’s that going to work if TX secedes?”

He was born an American citizen. That’s got to carry at least as much weight as the one we’ve got now.


46 posted on 02/07/2010 6:46:45 AM PST by PLMerite (Ride to the sound of the Guns - I'll probably need help.)
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To: MileHi
Good for you, but the Feds don't and they have broken the contract.

Says who? You? Well the feds say that they haven't broken the contract. So what makes you right and them wrong?

47 posted on 02/07/2010 6:47:50 AM PST by Non-Sequitur
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To: Non-Sequitur
God save us from yet another Texan president.

You prefer Hawaii, Arkansas, Georgia...?

48 posted on 02/07/2010 6:50:19 AM PST by lonestar (Obama and his czars have turned Bush's "mess" into a national crisis!)
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To: Non-Sequitur

You are assuming that all federal laws are de facto supreme over the constitutional rights reserved by the states.

Yes, the SCOTUS has severely diminished state’s rights over the years, through vehicles such as the interstate commerce clause, but that’s a different issue from the point of what the Constitution intended.

Yes, the Constitution requires balancing state sovereignty with the powers reserved to the federal government, and in the last century the SCOTUS, sometimes rightly, has tilted that balance toward the feds. But the Constitution never intended that the federal government could pass any type of law it wanted, make any type of intrusion it wanted, in any area of governace and state citizenship, and then simply force the states to go along with it.

Even today there are many laws that states are not actually required to follow. It’s just that if they don’t, the feds refuse to send the states money. So the states follow the federal laws simply so they don’t lose federal money. That is quite different than being required to follow the federal law by law.


49 posted on 02/07/2010 6:51:52 AM PST by fightinJAG (Largest wing in future Obama Presidential Library will be devoted to Bush & Cheney)
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To: STONEWALLS
he just may be our next GOP presidential candidate.

Egads, NOOOOOOOO! Gov. Goodhair has to move up to RINO status during election every four years.

50 posted on 02/07/2010 6:52:14 AM PST by bgill (The framers of the US Constitution established an entire federal government in 18 pages.)
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To: mad_as_he$$; Non-Sequitur

Yes you can, constitutionally and legally — if you use honest Constitutional lawyers and legislators.


51 posted on 02/07/2010 6:52:15 AM PST by Solitar ("My aim is not to pass laws, but to repeal them." -- Barry Goldwater)
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To: raybbr

No states needs to actually secede in order to get out from under some of the overreaching of the federal government.


52 posted on 02/07/2010 6:53:32 AM PST by fightinJAG (Largest wing in future Obama Presidential Library will be devoted to Bush & Cheney)
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To: TalBlack

I think Madison touched on this in one of the Federalist Papers:

“To these (supportive of an oppressive Federal Government) would be opposed a militia amounting to near half a million of citizens with arms in their hands...fighting for their common liberties, and united and conducted by governments (state and local) possessing their affections and confidence... Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.”


53 posted on 02/07/2010 6:53:38 AM PST by Mouton
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To: Non-Sequitur
Well the feds say that they haven't broken the contract.

Well, I tend to take the word of the victim over the word of the armed home invader.

54 posted on 02/07/2010 6:54:46 AM PST by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: Non-Sequitur
Obviously you believe in the *Union mysticism*, a general affection for the so-called Union.

What about states rights afforded in the Constitution?

55 posted on 02/07/2010 6:55:37 AM PST by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: Solitar
No, there is no provision in the Constitution for a State to leave or even be treated differently than another state. the law firm I paid is highly respected Constiutional law firm in Texas.
56 posted on 02/07/2010 6:56:38 AM PST by mad_as_he$$ (usff.com)
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To: Don Corleone

The corpse-men may be.


57 posted on 02/07/2010 6:57:04 AM PST by bgill (The framers of the US Constitution established an entire federal government in 18 pages.)
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To: raybbr
How's that going to work if TX secedes?

Article II Section 1 of the Constitution of the United States of America.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

It says nothing about current residency or current citizenship. I think Rick Perry meets all the parameters listed above.

58 posted on 02/07/2010 6:57:33 AM PST by Bloody Sam Roberts (An armed man is a citizen. An unarmed man is a subject.)
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To: TheZMan

Zman...I think I love you!!! At least I agree with you.


59 posted on 02/07/2010 6:59:38 AM PST by native texan ("don't tread on me")
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To: bayliving
I do believe that there would be a human wave of men, woman and children that would descend onto Capitol Hill armed to the teeth.

Since we're speaking of hyptheticals...

Obama would have to give the order to fire on and kill hundreds of thousands of US citizens at that point. If he did...how do I put this nicely?......since we are still speaking hypothetically...his ability to expel CO2 would be compromised. At that point I doubt the Union would survive.

60 posted on 02/07/2010 7:04:18 AM PST by Bloody Sam Roberts (An armed man is a citizen. An unarmed man is a subject.)
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