Posted on 02/07/2010 6:15:41 AM PST by wolfcreek
An unexpected feature of this year's gubernatorial race is the revival of certain political notions identified with early American history. Republican candidate Debra Medina in particular has made nullification a major aspect of her campaign, both in her two debates with U.S. Sen. Kay Bailey Hutchison and Gov. Rick Perry and on her Web site, which includes, under the label "Restore Sovereignty," the message that the U.S. Constitution "divides power between the federal and state governments and ultimately reserves final authority for the people themselves. 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."
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.
(Excerpt) Read more at statesman.com ...
And if we did indeed secede the Supreme Court wouldn't mean jack sh!t now would it.
What part of "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding" is unclear?
Even today there are many laws that states are not actually required to follow. It’s just that if they don’t, the feds refuse to send the states money. So the states follow the federal laws simply so they don’t lose federal money. That is quite different than being required to follow the federal law by law.
And you blame the federal government for that?
His support of the Trans Texas Corridor with foreign ownership is a big negative in that regard.
“Interesting. So a SCOTUS ruling is going to matter when the people of this state decide to leave the union?”
That’s why I get such a kick out of it. People don’t seem to realize that overreach and unwillingness to protect the Constitution, by SCOTUS, is EXACTLY why we’re getting closer to leaving.
It’s like being abducted getting yourself loose in the bedroom, and instead of going out the window, you go into the living room and ask your abductor if it’s ok to leave - and if he says no, you ask him to tie you up again. Go figure.
His elloqution is a bit hard to get through and sometimes to follow. However, his notions were the Federal government would not do any of these oppressive things some would argue they would do because, and primarily because, the power is with the people the states, not the other way around.
IMO, the greatest tragedy of the War Between the States is the Confederacy lost. Yeah, it was over slavery but the over riding issue was whether the Federal government could over power states rights in an area NOT proscribed to them by the constitution. In fact, the constitution legislated for slavery in its count of the population. Now then, would it have gone away in time anyway, most likely yes and probably before 1900, on its own due to industrialization or by constitution amendment as the country was growning especially in the non slave holding states.
Vince
Refuse the money and you don’t have to abide by the strings tied to the money.
Secession is not a good idea (been there, done that, failed miserably), but what does and will work is a re-establishment of the proper relationship between the citizens of our Republic and the Federal Government, and between the states and that government.
As a practical matter, this means that even while the Federal government has supremacy in enumerated functions for each of its branches, states through their elected representatives may refuse to acknowledge powers claimed by the Federal government that are forbidden by the Constitution or on which the Constitution is silent. The Supreme Court rules in such interstitial areas as to where the proper boundaries of Federal power lie.
“Texans have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.” Texas Constitution - Article 1- Section 2
“Whenever any form of government is destructive of these ends [life, liberty, and the pursuit of happiness] it is the right of the people to alter or abolish it, and to institute new government in such form as to them shall seem most likely to affect their safety and happiness.” Declaration of Independence, 1776
You cannot nullify a law passed under the Constitution. Not legally. Not Constitutionally. If you don't like it then leave the Union. That CAN be done both Constitutionally and legally.
Who the victim is would depend on which side of the issue you are on, wouldn't it?
I believe states should have all the rights guaranteed by the Constitution.
We could do worse.
In fact - we have!
And not Perry specifically - but a Texan in general.
You obviously ignore the Constitution and Madison’s and Jefferson’s arguments for nullification.
Well then by all means let us see them.
We could to much, much better. And we have.
In post #56 I gave you a link to see those arguments for nullification — if you have the courage to read them.
If I reread the constitution I am liable to discover it’s violation each and every day in the minutest of forms. I don’t think there is an amendment in the bill of rights which is not currently being violated by either local, state or federal governments. But it’s not Washington we need to blame, far too often we have allowed minor violations to surmount to the point that we practically no longer have a constitution. We here on FR may be informed and educated. But we represent a mere less than 10% of the population, most of our fellow Americans have no clue what’s in the constitution except from a rudimentary perspective which they gained from our decrepit indoctrination system called public education.
“secession”...”In real Texan’s minds, it’s NOT fiction.”
No, it is not. But I want no part of Secession. I want the whole thing back and the Commie Bast__ds out and tried for treason.
I know Texas has neighbors who feel the same way.
It is TIME to DownSize DC!
Eliminate entire Departments (Education, EPA, etc)
IT IS TIME!
Ooooh, I like this thread!
Hmmmmm... And where did the money come from in the first place?
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