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Tea party vision for Montana raising concerns (State nullification )
msnbc ^ | 2/24/2011 10:00:34 PM ET | MATT GOURAS

Posted on 03/09/2011 11:49:39 PM PST by Red Steel

Backers want to turn state into place where officials can ignore U.S. laws

HELENA, Mont. — With each new bill, newly elected lawmakers from the loose-knit, largely conservative anti-tax tea party coalition are offering Montanans a vision of the future.

Their state would be a place where officials can ignore U.S. laws, force FBI agents to get a sheriff's OK before arresting anyone, ban abortions, limit sex education in schools and create armed citizen militias.

It's the tea party world. But not everyone is buying their vision.

Some residents, Democratic Gov. Brian Schweitzer and even some Republican lawmakers say the bills are making Montana into a laughingstock. And, they say, the push to nullify federal laws could be dangerous.

"We are the United States of America," said Schweitzer. "This talk of nullifying is pretty toxic talk. That led to the Civil War."

A tea party lawmaker said raising the specter of a civil war is plain old malarkey.

"Nullification is not about splitting this union apart," freshman Rep. Derek Skees said. "Nullification is just one more way for us to tell the federal government: 'That is not right."

(Excerpt) Read more at msnbc.msn.com ...


TOPICS: Constitution/Conservatism; Government; US: Montana
KEYWORDS: nullification; teaparty
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To: veritas2002
-- NOTHING in the US Constitution gives the Federal government the right to OWN land in a State. --

The Congress shall have Power ... To exercise exclusive Legislation in all Cases whatsoever ... over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings ...

21 posted on 03/10/2011 2:27:01 AM PST by Cboldt
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To: Lazlo in PA

Summer of ‘71. Drove across almost the entire state lengthwise in a little under 7 hours in my Dodge Challenger. I thought “reasonable and prudent” was an average 90+ mph. Buried the needle a few times in some of the flat areas. Ah, the good old days before the socialists took over.


22 posted on 03/10/2011 2:37:59 AM PST by conservaterian (Sarah/DeMint '12)
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To: veritas2002

ALL fed land, except for military bases, should be turned over to the states. There is no need for ANY of these “land management” agencies. Just think of the $$$ to be saved if we disbanded the BLM, NPS, FWS, Forest Service and any other land grabbing agency. Most of these areas could be turned over to For Profit private business which would give more revenue to the states and local governments where it belongs.


23 posted on 03/10/2011 2:45:58 AM PST by conservaterian (Sarah/DeMint '12)
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To: americanophile
"the supremacy of federal law was pretty much settled in 1865.

That is kind of the point. With a central Federal Govt. so abusive of its "limited" powers, it may be time to have the conversation again.

24 posted on 03/10/2011 3:21:14 AM PST by Jimmy Valentine (DemocRATS - when they speak, they lie; when they are silent, they are stealing the American Dream)
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To: americanophile
I really don’t see the nullification theory going anywhere...the supremacy of federal law was pretty much settled in 1865.

Freedom from an oppressive centralized government is a timeless concept and can never be settled. Not even by a bunch of torch wielding federales.

25 posted on 03/10/2011 3:33:25 AM PST by central_va (I won't be reconstructed, and I do not give a damn.)
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To: americanophile
I really don’t see the nullification theory going anywhere...the supremacy of federal law was pretty much settled in 1865.

Federal law does not supersede the Constitution. The Constitution clearly distinguishes between the limited enumerated powers granted to Congress in Article 1 Section 8 and the remaining powers reserved to the states or to the people per the 10th Amendment.

The people are not bound to comply with any act by the federal government that violates those 10th Amendment rights. The people are bound to defend the Constitution against a tyrannical government by nullifying any Unconstitutional act of the federal government.
26 posted on 03/10/2011 4:27:10 AM PST by Defend Liberty
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To: americanophile

No, it wasn’t.


27 posted on 03/10/2011 4:32:24 AM PST by JSDude1 (December 18, 2010 the Day the radical homosexual left declared WAR on the US Military.)
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To: Lazlo in PA

I got a $40 ticket on the “Montanabahn” this summer.


28 posted on 03/10/2011 4:34:36 AM PST by Sawdring
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To: Red Steel

“Backers want to turn state into place where officials can ignore U.S. laws “

So what? Those laws are unconstitutional.


29 posted on 03/10/2011 4:49:21 AM PST by RoadTest (Organized religion is no substitute for the relationship the living God wants with you.)
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To: Red Steel
""We are the United States of America," said Schweitzer. "This talk of nullifying is pretty toxic talk. That led to the Civil War." "

The fact they conveniently leave out is, none of the states had even thought of or mentioned nullification or secession until we got the current tyrant for president along with his flying monkeys in the DNC and MSM.

Is Schweitzer threatening Montana with "civil war"? Excuse me, the war of Northern progressive oppression?
30 posted on 03/10/2011 5:12:21 AM PST by FrankR (The Evil Are Powerless If The Good Are Unafraid! - R. Reagan)
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To: conservaterian

http://www.youtube.com/watch?v=jOo_yZYDt44&tracker=False


31 posted on 03/10/2011 5:32:27 AM PST by wally_bert (It's sheer elegance in its simplicity! - The Middleman)
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To: Gene Eric

limit sex education in schools
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Oh! The horror!.../s


32 posted on 03/10/2011 5:41:21 AM PST by wintertime
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To: americanophile

“I really don’t see the nullification theory going anywhere...the supremacy of federal law was pretty much settled in 1865.”

I think that’s called the “right by might” theory.


33 posted on 03/10/2011 5:57:28 AM PST by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: wally_bert

That’s EXACTLY the year (1970) and color of my Challenger, only I put red and blue racing stripes on it. Didn’t have the big engine though, only a 318 with an automatic. Wish I still had it obviously. Traded it in on a GREMLIN after I had problems with burnt/sticking valves. (The Gremlin got over 200K miles on it before I got rid of it though - a LOT of miles in those days).


34 posted on 03/10/2011 6:52:56 AM PST by conservaterian (Sarah/DeMint '12)
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To: americanophile

“...the supremacy of federal law was pretty much settled in 1865.”

Tell that to King obuma and his fascist czars. I don’t see anyone forcing obuma to obey federal law or federal court decisions.

There is no supremacy of federal law. We are now living under the rule of men. If a state is telling obuma to stuff it, it’s a natural reaction to the illegal rule of obuma.


35 posted on 03/10/2011 6:53:21 AM PST by sergeantdave (The democrat party is a seditious organization and must be outlawed)
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To: Red Steel

Montana isn’t as conservative as you might think. There’s a letter to the editor in today’s newspaper advocating socialism. The legislature can pass anything, but it will immediately be challenged in the state supreme court where all seven liberal supreme court justices will strike it down. The MT Democrat mantra - “Run as a conservative...vote as a liberal...and let the press cover for you.”


36 posted on 03/10/2011 9:04:52 AM PST by blueunicorn6 ("A crack shot and a good dancer.")
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To: conservaterian

A testament to the mighty Gremlin. Sad to hear about the Challenger and the problems it had. That model year is a big favorite of mine.


37 posted on 03/10/2011 9:18:24 AM PST by wally_bert (It's sheer elegance in its simplicity! - The Middleman)
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To: Jimmy Valentine
Fine, but let's call it rebellion then, not try to camouflage it as some kind of legitimate, latent constitutional theory.
38 posted on 03/10/2011 11:52:29 AM PST by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives"-Ataturk)
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To: central_va
Well, I certainly don't deny the right to overthrow our government if it becomes abusive or anti-liberty, but that’s salled rebellion or insurrection, not nullification.
39 posted on 03/10/2011 11:54:22 AM PST by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives"-Ataturk)
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To: Defend Liberty

I agree, but the method of ‘nullifying’ an unconstitutional act is to either have it declared such by the Supreme Court or fire Congress and the president and change the law. If the problem lies in the interpretation by the Court, then remedy exists in the form of a constitutional convention.


40 posted on 03/10/2011 11:59:51 AM PST by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives"-Ataturk)
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