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


1 posted on 01/21/2011 3:58:20 AM PST by tobyhill
[ Post Reply | Private Reply | View Replies ]


To: tobyhill

Love it. The more challenges there are to the law - no matter their chances of success - the better. Keeps it in the news and reinforces that there are a significant number of people out here who DO NOT want this law.


2 posted on 01/21/2011 4:01:22 AM PST by SW6906 (6 things you can't have too much of: sex, money, firewood, horsepower, guns and ammunition.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: tobyhill

>Though a 1958 U.S. Supreme Court decision reaffirmed that federal laws “shall be the supreme law of the land,

Gee, what a surprise. A Federal court says that a Federal Court is the highest authority.

Time for push come to shove.


3 posted on 01/21/2011 4:03:36 AM PST by bill1952 (Choice is an illusion created between those with power - and those without)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: tobyhill
Wow this is great. We get slaves in Idaho. If they run away from you'll and we catch them, and we are not sending them back anymore. Just because the courts have ruled against this for 200 years or so, doesn't mean it won't work for the first time now. Sally Hemmings get your biscuits in the oven and your buns in bed, the massa is home tonight.


5 posted on 01/21/2011 4:08:27 AM PST by kbennkc (For those who have fought for it freedom has a flavor the protected will never know .F Trp 8th Cav)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: tobyhill

Idaho’s lawsuit, as with any other lawsuits involving states, should go directly to SCOTUS per Article 3 Section 2 of the Constitution. It states SCOTUS has original jurisdiction for any cases regarding the states. Therefore filing such lawsuits at the appellate level is Unconstitutional!


6 posted on 01/21/2011 4:08:53 AM PST by Defend Liberty
[ Post Reply | Private Reply | To 1 | View Replies ]

To: tobyhill
Twenty Six States... soon to be 28... can you hear us now bammy?

LLS

7 posted on 01/21/2011 4:14:23 AM PST by LibLieSlayer (WOLVERINES!!!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: tobyhill
Though a 1958 U.S. Supreme Court decision reaffirmed that federal laws "shall be the supreme law of the land

Federal laws can only pertain Constitutionally to the powers granted to Congress in Article 1 of the Constitution to aid Congress in fulfilling its responsibilities to enforcing those powers. To quote from Article 1 section 8:

"To make all laws necessary which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in Department or officer thereof".

Regulating health care is not an enumerated power granted to Congress in Article 1 Section 8 nor is it a power granted anywhere else in Article 1 therefore the 1958 ruling does not apply to Obamacare.
11 posted on 01/21/2011 4:22:52 AM PST by Defend Liberty
[ Post Reply | Private Reply | To 1 | View Replies ]

To: tobyhill
Any Freeper attorney's want to weigh in on this? From a layman's point of view, it looks like this comes down to who has more and bigger guns and Obama is working hard to make sure that the military is made over in an image suitable to backing him.
13 posted on 01/21/2011 4:23:31 AM PST by Truth29
[ Post Reply | Private Reply | To 1 | View Replies ]

To: tobyhill; All

Way to go, Idaho!

Cannot remember which President said it (think it was Jackson)...who told the Supremicist Court to “let them enforce their ruling”. Idaho is telling Obama and the Federal Courts to shove it.

Lets hope Idaho stays strong, and does not go Liberal Globalist and back down. Liberal Globalists hate when a state exercises their soverignity


15 posted on 01/21/2011 4:29:36 AM PST by UCFRoadWarrior (Whenever something is "Global"...it means its bad for America)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: tobyhill
Woot! Got to love nullifications
20 posted on 01/21/2011 4:53:31 AM PST by cranked
[ Post Reply | Private Reply | To 1 | View Replies ]

To: tobyhill

I’m not a historian by any means but I seem to remember learning in school that the federal government only has the powers ceded to it by the states. The original colonies were very suspicious of a “central” government and only granted powers “loosely” subject to nullification. I think states have a lot more to say than we know about today. America’s dirty little secret perhaps?


25 posted on 01/21/2011 5:36:57 AM PST by New Jersey Realist (Congress doesn't care a damn about "we the people")
[ Post Reply | Private Reply | To 1 | View Replies ]

To: tobyhill

“Jefferson had it right back in 1799 when he wrote that states, as creators of the federal government, “being sovereign and independent, have the unquestionable right to judge of its infraction.”


26 posted on 01/21/2011 5:41:34 AM PST by varon (Allegiance to the Constitution, always. Allegiance to a party, never!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: tobyhill
How can an article about nullification ignore the Nullification Crisis of 1832? Here's a condensed version of the Wikipedia summary:

In 1832, South Carolina passed the Ordinance of Nullification which declared, by the power of the State itself, that the federal Tariffs of 1828 and 1832 were unconstitutional and therefore null and void within the sovereign boundaries of South Carolina. The tariffs were declared unenforceable in South Carolina after February 1, 1833.

Military preparations to resist anticipated federal enforcement were initiated by SC. In late February 1833, the federal government passed a Force Bill authorizing the President to use military forces against South Carolina. A new negotiated tariff satisfactory to South Carolina was passed by Congress and the crisis passed, so nullification was never tested in this case.


34 posted on 01/21/2011 6:50:52 AM PST by ProtectOurFreedom
[ Post Reply | Private Reply | To 1 | View Replies ]

To: tobyhill

nice.....


41 posted on 01/21/2011 7:27:31 AM PST by shield (A wise man's heart is at his RIGHT hand;but a fool's heart at his LEFT. Ecc 10:2)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: tobyhill
...which contend states, not the U.S. Supreme Court, are the ultimate arbiter of when Congress and the president run amok.

Which I FULLY agree with!

46 posted on 01/21/2011 12:21:08 PM PST by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Stillwaters

Way to go, Idaho. Make some noise!


51 posted on 01/21/2011 5:29:04 PM PST by lonevoice (Where the Welfare State is on the march, the Police State is not far behind)
[ Post Reply | Private Reply | To 1 | 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