RE: NULLIFICATION
This is going to be an interesting development because as I remember US History, State Nullification of Federal Law has not worked in the past.
If my memory serves me right, the idea that a US State has the right to nullify or invalidate any federal law that they deem unconstitutional was one of the precursors of the Civil War.
The view that the sovereign states formed the United States and not vice versa, where creators of this union hold final authority regarding the limits of the power of central government, is as old as the constitution itself.
But I believe, if memory serves me right, state efforts in the past to nullify Federal laws have NOT BEEN LEGALLY UPHELD. The courts have found that under the Supremacy Clause of the Constitution, federal law is SUPERIOR to STATE LAW and Federal law TRUMPS State law in the event of a conflict.
Consider this :
In the 1950s , Nullification and the related doctrine of interposition surfaced in response to the Supreme Court’s decision in Brown v. Board of Education, which decided that segregated schools were illegal.
At least ten southern states passed various measures preserving segregated schools and refusing to follow the Brown decision.
The advocates of these measures argued that the Brown decision was unconstitutional and that the states had the inherent power to prevent that decision from being enforced within their borders.
However, the Supreme Court rejected this idea in the case of Cooper v. Aaron, finding that the state governments had no power to nullify the Brown decision.
The Supreme Court held that the Brown decision and its implementation “can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes for segregation.”
RESULT : Federal Law wins, States lose.
Now, let’s talk about 2011 — WHAT IF for some reason, Justice Anthony Kennedy woke up on the wrong side of the bed as Obamacare went to the SCOTUS and sided with the left wing of the court, declaring it CONSTITUTIONAL?
What can states like Idaho do about it given the past history of nullification failures?
I hope nobody is talking secession ( as the states did during Lincoln’s time ) because we all know how that turned out....(SHUDDER).
“I hope nobody is talking secession ( as the states did during Lincoln’s time ) because we all know how that turned out”
In defense of unborn children?
“I shall never bear arms against the United States—but it may be necessary for me to stand in defence of Texas, in which case I shall not prove recreant to my duty.”
Oh yeah... it was horrible when the colonies seceded from the British crown. (shudder)
heh...
F you.
I love these veiled threats of violence from CS’ers like you.
Here is something you can take to the bank... WHEN we do bring it, its going to be at a time of our choosing when our chances of success are virtually guaranteed. You may feel the need to join whatever force the socialist tyrants assemble to throw at us (if they even choose to do so) but you will walk away disappointed... If you walk away... (shudder)
BUT -- there IS no federal law. Obamacare was declared unconstitutional and the entire law was voided. States' rights vs. a nonexistent federal law = states' rights win.
Not me (shudder)! I would love to see about 12-14 states pass similar nullification laws, and then if that doesn't work, according to the Declaration of Independence, it would be time to form a new union and reject our current socialist union. 0b0z0 & the demoRATs are p_____s, and don't have the balls or the courage to confront a challenge like this. Plus I believe that the number of patriots in America, including the military, far outweigh & outnumber the socialist-marxist demoRATs.
“I hope nobody is talking secession ( as the states did during Lincoln’s time ) because we all know how that turned out....(SHUDDER).”
Yea I think next time we should just nuke the *** out of Washington D.C. and for good measure burn New York City and Boston to the ground.
Seriously what a wiener... Nobody even mentioned secession but the moment we try to show the slited bit of independent thinking rather then blind obedience to the increasingly Marxist and entirely boundless(lawless) Federal Government someone accuses us of doing something that we perhaps really should do.(Secede)
Seriously man read this article by the author of the book that inspired nullification for the Idaho Legislator: http://www.tenthamendmentcenter.com/2011/02/01/nullification-answering-the-objections/
He does a fantastic job.
If this brings war. So be it! From time to time throughout history there comes a time when the only option left is to stand and fight. If this happens to be such a time, then a fight they shall receive.
Good post. I see you took some heat for it - even to the point of drawing out a couple of real knuckle-draggers.
This Idaho legislation won’t work - at lest in the conventional sense - but I’m glad that they passed it. We need to continue to apply pressure to Øbozo everywhere we can and in every way we can. Just the way the dhimmicrats sought to overwhelm the country with their socialist agenda starting in 2008.
It isn’t enough to trust the House of Representatives to force him to the mat. Keep the pressure on him and prevent him from moving the ball.
Oh, and don’t worry about the neo-secessionists - they’re all blather and no bite ;-)
So what? It's federal courts that have failed to uphold those efforts. I don't know about you, but if I sue somebody, they don't get to be the judge or jury.