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

Skip to comments.

States Don’t Have to Comply: The Anti-Commandeering Doctrine
The Tenth Amendment Center ^ | 7/5/2015 | Mark MaHarrey

Posted on 07/05/2015 7:44:39 PM PDT by BlackjackPershing

Most Americans believe that the federal government stands absolutely supreme.

Nobody can question its dictates.

Nobody can refuse its edicts.

Nobody can resist its commands.

This is simply not true.

Laws passed in pursuance of the Constitution do stand as the supreme law of the land. But that doesn’t in any way imply the federal government lords over everything and everybody in America.

(Excerpt) Read more at tenthamendmentcenter.com ...


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; Editorial; Government
KEYWORDS: anticommandeering; braking; breaking; constitution; scotus; scotusssmdecision; statesrights; tenthamendment
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-95 next last
To: EternalVigilance
[such Supreme Court decisions] MUST be disobeyed.

How does one "disobey" a supreme court decision?

I am already not performing same-sex marriages or participating in them. Am I being "disobedient" to a Supreme court decision? I don't perform or participate in abortions either.

41 posted on 07/06/2015 3:37:34 AM PDT by Jess Kitting
[ Post Reply | Private Reply | To 18 | View Replies]

To: Bob434

Sen. Cruz is right on the money.


42 posted on 07/06/2015 3:52:02 AM PDT by Biggirl ("One Lord, one faith, one baptism" - Ephesians 4:5)
[ Post Reply | Private Reply | To 37 | View Replies]

To: ealgeone

Silly peasant! Don’t you realize that Barry and Hildabeast are members of the special elite? They are not bound by the same laws as us mere peons. And no one in Congress will do anything about it anyway. I’m beginning to think the whole Gowdy inquiry was just a bunch of smoke to get our hopes up until another story distracted everyone.


43 posted on 07/06/2015 5:22:01 AM PDT by rfreedom4u (Chris Stevens won't be running for president.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: ealgeone

My question too. States are ignoring the Federal drug laws.
States and cities are ignoring the immigration laws.

The Feds are ignoring their own laws, so why the hell should states down here abide by the SCOTUS or federal laws.


44 posted on 07/06/2015 6:01:01 AM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
[ Post Reply | Private Reply | To 21 | View Replies]

To: BlackjackPershing
Laws passed in pursuance of the Constitution.............

That is the key. Who hold s the key? The SCOTUS, who decide what is 'constitutional' and what is not. Control the SCOTUS, control the laws............................

45 posted on 07/06/2015 6:12:25 AM PDT by Red Badger (Man builds a ship in a bottle. God builds a universe in the palm of His hand.............)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackjackPershing

Hope for Change


46 posted on 07/06/2015 6:14:49 AM PDT by CPT Clay
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackjackPershing

Q: How many divisions does the American people have?

A: None - the Government has all the divisions.

And dot-mil protects dot-gov.


47 posted on 07/06/2015 6:25:49 AM PDT by Old Sarge (Its the Sixties all over again, but with crappy music...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: EternalVigilance

>>every man and woman of character who take the required sacred oath of office to support and defend the U.S. Constitution

Problem: How many current officeholders are men or women “of character”?

Precious few, IMO.


48 posted on 07/06/2015 6:29:06 AM PDT by generally (Don't be stupid. We have politicians for that.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Lurking Libertarian

The problem lies in Article 3, section 2, where it explicitly states that when a “STATE” is a party, the supreme Court is REQUIRED to take the case in it’s ORIGINAL JURISDICTION, Not as an APPELLATE CASE. Since the supreme Court DID NOT take the case ORIGINALLY, the ruling ONLY APPLIES TO THE LOWER COURTS AND IT’S PARTICIPANTS. NOT THE STATE!


49 posted on 07/06/2015 6:50:47 AM PDT by eyeamok
[ Post Reply | Private Reply | To 12 | View Replies]

To: Jim Robinson; Norm Lenhart
Gubamint derives its ^JUST^ power from the people who consent to its rule.

Good alteration; I'd add this:

Gubamint derives its ^JUST^ power from ^A MORAL AND PRODUCTIVE^ people who consent to its rule.

50 posted on 07/06/2015 6:53:27 AM PDT by Lazamataz (A-holery is irrevocable)
[ Post Reply | Private Reply | To 15 | View Replies]

To: NormsRevenge

Maybe I need to be corrected ...

I hate to say this but states that already have a state income tax are better situated to serve ties with a federal dictate, fiscally. That said, states with no state income tax (like Florida) would find it untenable to serve ties as so much revenue gets sucked out federally.

Florida already has a constitutional prohibition on a state income tax that would have to be changed before anything at all to bring that money into state coffers should Florida citizens want to tell the feds to go to hell.


51 posted on 07/06/2015 7:04:04 AM PDT by George from New England (escaped CT in 2006, now living north of Tampa)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Lazamataz; Jim Robinson

Yes but as a result we see how weak it is today. BECAUSE people chose lesser evil and continue to demand lesser evil.

When no one or very few will take a moral stand on principle, the Constitution has no power to speak of. When no one will defend it’s words and concepts it may as well be an Archie comic for all the force it carries.

That is why it’s so important to actively REJECT things that undermine it and PEOPLE that undermine it. People have a fit that I harp on the lesser evils here on FR constantly making excuses for their RINOs. But what has been the result?

Their RIMOS stood down on DOMA and we got gay marriage.

Their RINOs stood down and funded Romneycare three times.

Their RINOs stand there siding with the Dems over the confederate flag and slamming Trump for his truthful statement rather than the 90 liberal things they agree with him on.

Their RINOS were dead silent when Cali banned the American flag from schools on Cinco De Mexico beer day so as not to offend.

And a million other like episodes of yellowbacked cowardace.

Now each of us individually can either side with the liberals and their allies here on FR and demand MORE lesser evil or we can tell them to FOAD and stand on the principles we supposedly share. Those of the constitution.

This ain’t hard math. Lesser evil voting and promotion is the exact opposite of what the founders wrote into the constitution.

Poop or get off the pooper folks.


52 posted on 07/06/2015 7:10:47 AM PDT by Norm Lenhart
[ Post Reply | Private Reply | To 50 | View Replies]

To: Norm Lenhart
This ain’t hard math. Lesser evil voting and promotion is the exact opposite of what the founders wrote into the constitution.

Perhaps pure math is the way to reach them.

Note that you have a bank account you wish to grow, and do they recommend you withdraw 10 dollars or 100 dollars per day?

53 posted on 07/06/2015 7:12:42 AM PDT by Lazamataz (A-holery is irrevocable)
[ Post Reply | Private Reply | To 52 | View Replies]

To: Lazamataz

I note they want the very same things a liberal wants but with an R attached so they don’t have to wear a D.

I mean you don’t promote the things you hate right? So they promote what they WANT.


54 posted on 07/06/2015 7:16:21 AM PDT by Norm Lenhart
[ Post Reply | Private Reply | To 53 | View Replies]

To: Norm Lenhart
I note they want the very same things a liberal wants but with an R attached so they don’t have to wear a D.

Forget the RNC. The RNC is not a "friend."

I'll support candidates individually, but I'll never support the RNC again (See: The definition of insanity).

55 posted on 07/06/2015 7:46:25 AM PDT by concerned about politics ("Get thee behind me, Liberal")
[ Post Reply | Private Reply | To 54 | View Replies]

To: Norm Lenhart

“I note they want the very same things a liberal wants but with an R attached so they don’t have to wear a D.”

No other way to explain it.


56 posted on 07/06/2015 8:33:42 AM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
[ Post Reply | Private Reply | To 54 | View Replies]

To: BlackjackPershing

BTTT


57 posted on 07/06/2015 9:53:26 AM PDT by onyx (PLEASE SUPPORT FR. Donate Monthly or Join Club 300! God bless)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BlackjackPershing

He who has the most guns makes the rules


58 posted on 07/06/2015 11:07:24 AM PDT by DariusBane (Liberty and Risk. Flip sides of the same coin. So how much risk will YOU accept? Vive Deo et Vives)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Jim Robinson
Exactly.
59 posted on 07/06/2015 11:25:40 AM PDT by WayneS (Yeah, it's probably sarcasm...)
[ Post Reply | Private Reply | To 15 | View Replies]

To: NormsRevenge

“The essence of good gubernance...”

The term gubernance is obsolete now, the new term is gOObernance.


60 posted on 07/06/2015 11:26:59 AM PDT by RipSawyer (Racism is racism, regardless of the race of the racist.)
[ Post Reply | Private Reply | To 4 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-95 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

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