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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.

1 posted on 02/07/2010 6:15:42 AM PST by wolfcreek
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To: wolfcreek

Damn straight!


310 posted on 02/09/2010 9:40:19 AM PST by pgkdan (I miss Ronald Reagan!)
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To: wolfcreek
"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.

312 posted on 02/09/2010 9:42:42 AM PST by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: mrreaganaut

Legal ping!


317 posted on 02/09/2010 9:57:28 AM PST by reaganaut (It's futile to talk facts to people who are enjoying a sense of moral superiority in their ignorance)
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To: wolfcreek

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

Next question?


320 posted on 02/09/2010 10:03:09 AM PST by GeronL (Dignity is earned from yourself. Respect is earned from others.)
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To: wolfcreek
"NOTE: Sanford Levinson holds professorships in law and government at the University of Texas and is a member of the American Academy of Arts and Sciences. His most recent book is ‘Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It).’"

FU Sanford Levinson and the statist horse you eode in on!!

DON'T TREAD ON ME!!

329 posted on 02/09/2010 10:16:04 AM PST by Jim Robinson (JUST VOTE THEM OUT! teapartyexpress.org)
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To: wolfcreek

How can a paper in Austin say something so stupid when Austin is a sanctuary city? If a city can be a sanctuary from a federal laws, a state certainly can do so as well from all federal law. I suggest they start printing their own currency before going forward with the plan. Washington/Beijing can only hurt you with their dollars.


333 posted on 02/09/2010 10:23:47 AM PST by Perchant
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To: wolfcreek
In real Texan's minds, it's NOT fiction.

That right of secession may have been surrendered at Appomattox. I would be careful to research the terms of that agreement before asserting any such legal reservation.

The reality is that such nullification is derived by the power to enforce it. I seriously doubt that FedGov is prepared to invade Texas militarily to reverse a nascent precedent.

336 posted on 02/09/2010 10:27:09 AM PST by Carry_Okie (They were the Slave Party then; they are the Slave Party now.)
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To: wolfcreek

Hey!!! Buttwipe!!! Sanford Levinson !!! yeah you!!!

try reading the 10th amendment there, Skidplate...

“ 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.”


339 posted on 02/09/2010 10:30:24 AM PST by Vaquero (BHO....'The Pretenda from Kenya')
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To: wolfcreek
this says it all in a nutshell...tacked on to the end of this travesty...

NOTE: Sanford Levinson holds professorships in law and government at the University of Texas and is a member of the American Academy of Arts and Sciences. His most recent book is ‘Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It).’

341 posted on 02/09/2010 10:36:23 AM PST by Vaquero (BHO....'The Pretenda from Kenya')
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To: wolfcreek

As a South Carolinian, I just knew we were kindred spirits.


342 posted on 02/09/2010 10:38:31 AM PST by carolinacrazy (Bow to your sensei.... BOW TO YOUR SENSEI...... www.jackassdemocrats.com)
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To: wolfcreek
After reading this law professor's entire convoluted rant, I can say that he's amazingly wrong about nullification. Wanna be tyrants like to argue, essentially, that the general articles of the Constitution were not amended, i.e. modified, by the Bill of Rights. That the 10th Amendment did not modify and severely restrict the scope, purpose and effect of the preceding provisions of federal powers. They are wrong, it did.
345 posted on 02/09/2010 10:44:27 AM PST by Mechanicos
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To: wolfcreek

9th & 10th Amendments, duh.


351 posted on 02/09/2010 11:14:17 AM PST by Sloth (Civil disobedience? I'm afraid only the uncivil kind is going to cut it this time.)
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To: wolfcreek

We can do whatever we d*mn well please, this is Texas.


352 posted on 02/09/2010 11:19:29 AM PST by SouthTexas (Exterminate the rats!)
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To: wolfcreek
Understood properly, it seems it is the Constitution which nullifies federal laws that are outside the enumerated powers granted by it.

States aren't nullifying anything. They, or The People, are granted all powers not enumerated to the Fed Gov.

360 posted on 02/09/2010 11:40:25 AM PST by TChris ("Hello", the politician lied.)
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To: wolfcreek

If the federal government exceeds its 10th amendment authority, the law should be considered void ab initio. A nullification resolution only points out the fact that the federal statute in question had no underlying constitutional authority.


361 posted on 02/09/2010 11:43:23 AM PST by NavVet ("You Lie!")
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To: wolfcreek

When reading the comments that follow this article, I had to stop and check that I was reading the Austin A/S blog. While the article itself is typical of the leftist crap that appears regularly in this newspaper, the fervent patriotism of the denunciations in the commentary was totally refreshing! Levinson is safe while he stays on campus there at UT, but the next time he leaves it had better be to pick up his luggage for his last trip out of state.


370 posted on 02/09/2010 11:53:30 AM PST by ByteMercenary (Healthcare Insurance is *NOT* a Constitutional right.)
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To: wolfcreek

“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.”

Perfectly constitutional in my reading of the U.S. Constitution.


373 posted on 02/09/2010 12:01:27 PM PST by Grunthor (McCain; for when you really need to snatch defeat from the jaws of victory!)
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To: wolfcreek

Texas has about 24 million residents and about 60 million guns.

God Bless Texas!


379 posted on 02/09/2010 12:18:15 PM PST by Gabrial (The Whitehouse Nightmare will continue for as long as the Nightmare is in the Whitehouse)
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To: wolfcreek

Rick Perry is a moron.


428 posted on 02/09/2010 2:20:44 PM PST by DallasSun (i believe in separation of church and hate.)
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To: wolfcreek

Texas can’t claim independence until it 1) Stops taking federal money and 2) Stops paying taxes to the federal government. Good luck with that.


441 posted on 02/09/2010 3:19:22 PM PST by Force of Truth (Yes political conservatives are libertarians. They want to have their rights and eat them too.)
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