Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Irisshlass
That is why they are taking the federal government to court. Because passing a state nullification would not work or would work?
93 posted on 03/22/2010 8:00:53 PM PDT by cranked
[ Post Reply | Private Reply | To 91 | View Replies ]


To: cranked
The last time a state attempted nullification was South Carlina in 1832. Andrew Jackson, who was a strict states' righter, took the position that states could not nullify federal laws. This was the position taken by Chief Justice John Marshall on the Supremacy Clause in M'Cullough v. Maryland a generation earlier. (Surprisingly, Jackson and Marshall were bitter enemies.)

South Carolina escalated to secession, which prompted Jackson to get the Force Bill through Congress, which authorized him to make war on South Carolina to retrieve it from a state of rebellion.

Nullification is deemed unconstitutional, a casualty of both Jackson and Lincoln. I doubt the Supreme Court would suddenly ditch 175 years of jurisprudence to allow a state to nullify.

94 posted on 03/22/2010 8:06:38 PM PDT by Publius (The prudent man sees the evil and hides himself; the simple pass on and are punished.)
[ Post Reply | Private Reply | To 93 | View Replies ]

To: cranked

They are taking them to court to fight them on the unfunded mandates and forcing individuals to buy health insurance. They are fighting this under the commerce clause.


96 posted on 03/22/2010 8:07:14 PM PDT by Irisshlass
[ Post Reply | Private Reply | To 93 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson