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Keyword: nullification

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  • House panel rejects bill blocking gay marriage in Tennessee

    01/20/2016 4:39:51 PM PST · by GIdget2004 · 12 replies
    WSMV ^ | 01/20/2016 | Erik Schelzig
    A bill seeking to block the U.S. Supreme Court's gay marriage ruling in Tennessee has been defeated in a subcommittee of the state House over concerns about nullifying federal rulings. The five-member panel defeated the measure sponsored by Republican Rep. Mark Pody on a voice vote on Wednesday. Republican Rep. Mike Carter of Chattanooga said that while he disagrees with the high court's ruling, he considered the bill to turn back the ruling a step too far. In Carter's words: "I equate nullification with anarchy."
  • Judge Dismisses Denver D.A.'s Unconstitutional Jury Tampering Charges ( jury nullification )

    12/17/2015 9:06:06 AM PST · by george76 · 83 replies
    Reason magazine ^ | Dec. 17, 2015 | Jacob Sullum
    Mitch Morrissey tried to imprison activists for passing out jury nullification pamphlets. Last August, Denver District Attorney Mitch Morrissey charged two local activists, Mark Iannicelli and Eric Brandt, with seven felonies each for passing out jury nullification pamphlets at the Lindsey-Flanigan Courthouse. Morrissey continued to pursue those charges even after conceding that such activity is protected by the First Amendment. When I asked Lynn Kimbrough, Morrissey's public information officer, what Iannicelli and Brandt had done that crossed the line from constitutionally protected speech to felonious jury tampering, she refused to say. That's probably because Morrissey had no case, as confirmed...
  • Recovery of the U.S. Constitution is Essential for America's Recovery of Freedom

    12/04/2015 7:28:33 AM PST · by Jim W N · 37 replies
    Jim Newell ^ | 12/4/2015 | Jim Newell
    To recover their political freedom from an increasingly despotic and totalitarian federal government, the American People MUST recover their only legal bulwark of freedom against federal tyranny: the U.S. Constitution as written and originally understood and intended. The people must once again establish the Rule of Law, the key to political freedom, by reinstating the Constitution as the Supreme Law of the Land and the Ruler over the federal government. To do this, the average American must familiarize himself with the Constitution and understand how it mainly limits the federal government. Below is a rough outline of the possible order...
  • Reclaiming our Liberties and Stopping the Federal Overreach: Nullification and Interposition

    11/04/2015 6:18:43 AM PST · by Randall_S · 4 replies
    Conservative Party USA ^ | November 3, 2015 | Conservative National Coalition (CNC)
    Conservative National Coalition Webinar Reclaiming our Liberties and Stopping the Federal Overreach: Nullification and Interposition WHAT: Educational Webinar on Nullification and Interposition WHO: Conservative National Coalition (CNC) WHEN: Saturday, November 21, 12-2pm EST HOW: Sign up at cp-cnc.org or by clicking here! WHY: The webinar will generate a national discussion about ways and means to unite Conservatives into opposing the recent SCOTUS ruling that forced gay marriage on the American people by peaceful civil disobedience that stops gay marriage at the city, county and state levels. Have you had enough of the federal government’s overreach? Do you want to take...
  • Chicago Juries Using Jury Nullification for Gun Cases?

    10/29/2015 7:33:03 AM PDT · by marktwain · 14 replies
    Gun Watch ^ | 26 October, 2015 | Dean Weingarten
    Is jury nullification being used in Chicago gun cases?  In strict parlance, jury nullification refers to the right of jurors to judge both the facts and the law.  If a juror believes that justice will not be served by following the law, they always have the right to vote not guilty.  It has always been the right of American jurors to do so, but about 1900, judges stopped telling jurors that they had that right, and gradually that decision morphed into an assumption by judges that it was wrong for jurors to assert their rights.  In spite of the...
  • Status Report: States Can Nullify Federal Gun Control in Practice

    10/19/2015 5:14:53 AM PDT · by Yashcheritsiy · 17 replies
    Tenth Amendment Center ^ | October 16, 2015 | TJ Martinelli
    There were several important victories in the fight to protect the Second Amendment from federal attack during the 2015 legislative session. This sets the stage for further action to nullify in practice federal infringement on the right to keep and bear arms in 2016. In light of the recent murders at an Oregon college, Obama is once more trying to use a vicious crime as an excuse to violate our natural right to self-defense via executive orders. Hillary Clinton and Bernie Sanders have both stated they intend to introduce gun control measures such as magazine capacity limits, background checks and...
  • Restoring the Compact Theory Is Vital to Restoring the Constitution

    09/02/2015 11:54:24 AM PDT · by Sean_Anthony · 7 replies
    Canada Free Press ^ | 09/02/15 | Tim Dunkin
    The incorporationist doctrine should be rejected. The simple fact of its long use lends it no credibility – a bad idea is still bad, even if it has the weight of long usage behind it. When he authored the Kentucky Resolution of 1798, Thomas Jefferson based his arguments for nullification, in part, upon the compact theory of the relationship between the states and the Federal Government. According to this original understanding of the State-Federal relationship, the Constitution under which the Republic was to operate was the creation of the several states, and thus the Federal government was also the creation...
  • Carly Fiorina: ‘Inappropriate’ for Kentucky Clerk to Refuse to Issue Same-Sex Marriage Licenses

    09/02/2015 8:30:34 AM PDT · by xzins · 223 replies
    CNS ^ | September 2, 2015 | Melanie Hunter
    GOP presidential candidate Carly Fiorina told the Hugh Hewitt show on Tuesday that it was “inappropriate” for a Kentucky clerk to refuse to issue marriage licenses to same-sex couples. “Given the role that she’s playing, given the fact that the government is paying her salary, I think that is not appropriate. Now that’s my personal opinion,” said Fiorina. Rowan County Clerk Kim Davis, an elected official, vowed not to resign Tuesday under threat of fines and jail time after deciding not to issue marriage licenses to any couples - straight or gay - rather than be forced to comply with...
  • Exclusive — Cruz: ‘States Should Press Back’ Against EPA

    08/10/2015 4:33:25 PM PDT · by markomalley · 35 replies
    Big Government ^ | 8/10/15 | Michael Patrick Leahy
    Emerging from an enthusiastic Presidential campaign rally, Sen. Ted Cruz (R-TX) tells Breitbart News that “states should press back” against the EPA’s recently announced Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units rule, “with every tool they have available.” Attorney generals of 16 states said last week the new rule was “illegal in numerous respects.”“Should states refuse to comply with the EPA coal regulations?” Breitbart News asked Cruz.“I think states should press back using every tool they have available. We’ve got to rein in a lawless executive that is abusing its power,” Cruz tells Breitbart News.
  • Rethinking jury nullification

    08/07/2015 9:09:00 PM PDT · by george76 · 21 replies
    WA Post ^ | August 7, 2015 | Ilya Somin
    Jury nullification occurs when jurors choose not to convict a defendant they believe to be guilty of the offense charged, usually because they conclude that the law in question is unjust or the punishment is excessive. When I first thought about jury nullification as a young law student, I was inclined to be against it. Yes, it could potentially be used to curb unjust laws. But it can also be a vehicle for jury prejudice and bias. ... legal scholar Glenn Reynolds provides a strong defense of nullification. As he points out, the sort of discretion exercised by nullifying jurors...
  • On courts and constitutionality in the Kentucky Resolution of 1798

    08/03/2015 3:36:05 PM PDT · by Yashcheritsiy · 4 replies
    Renew America ^ | August 3, 2015 | Tim Dunkin
    One of the most common complaints of constitutionalists against the conduct of our federal government is that the judiciary at all levels routinely oversteps its boundaries, intruding into those areas that are beyond its constitutional reach. Though this is largely accepted by most Americans because of its long practice, this does not mean that what we see in Washington with respect to the judicial branch should be be tolerated or allowed to continue. As with unconstitutional actions by the other branches of government, our Founders provided a way for violations of our founding compact to be rectified by the states...
  • Rep. Diane Black Pushes to Defund Planned Parenthood [STATES, it's Your Turn]

    07/31/2015 1:11:53 PM PDT · by Jim W N · 6 replies
    TheDailySignal ^ | 7/30/15 | Diana Stancy
    Rep. Diane Black, R-Tenn., criticized the House of Representatives for not passing legislation prior to the annual August district work period to defund Planned Parenthood. “Over the past two weeks, we’ve all seen the gruesome videos showing the heartless depravity of this organization,” Black said in a speech Wednesday. “We issued statements, we made passionate floor speeches, and we pledged action. Now, our constituents would like to know when we’re going to follow through on that promise.”
  • Marijuana opponents using racketeering law to fight industry

    07/13/2015 3:38:03 PM PDT · by Olog-hai · 35 replies
    Associated Press ^ | Jul 13, 2015 4:20 PM EDT | Kristen Wyatt
    A federal law crafted to fight the mob is giving marijuana opponents a new strategy in their battle to stop the expanding industry: racketeering lawsuits. A Colorado pot shop recently closed after a Washington-based group opposed to legal marijuana sued not just the pot shop but a laundry list of firms doing business with it—from its landlord and accountant to the Iowa bonding company guaranteeing its tax payments. One by one, many of the plaintiffs agreed to stop doing business with Medical Marijuana of the Rockies, until the mountain shop closed its doors and had to sell off its pot...
  • Not over? Alabama Supreme Court should reject marriage decision, legal group says

    07/10/2015 1:45:01 AM PDT · by markomalley · 24 replies
    Christian Examiner ^ | 7/10/15 | Michael Foust
    A prominent legal organization has filed a 36-page brief urging the Alabama Supreme Court to reject the U.S. Supreme Court's same-sex marriage decision, saying the ruling was an "assault" on the rule of law and natural law and that it defied the very words in the Declaration of Independence.Further, the new brief says, there is major precedent in the nation's history for a state court to ignore a U.S. Supreme Court decision when it is "unlawful."The brief was filed by Liberty Counsel, which is headed by an attorney – Mat Staver – who has argued cases before the U.S. Supreme...
  • Pound Sand, Your Honor! More Americans Want States to Ignore Federal Courts

    07/03/2015 8:02:37 PM PDT · by VitacoreVision · 17 replies
    The New American ^ | 03 July 2015 | Selwyn Duke
    While dissenting from the recent Supreme Court decision rubber-stamping same-sex “marriage,” Justice Antonin Scalia warned his colleagues that with “each decision ... unabashedly based not on law” the Court moves “one step closer to being reminded of [its] impotence.” And a new poll shows that another such step has in fact been taken, with more Americans supporting the idea that states should have the right to ignore federal court rulings. Writes Rasmussen Reports, “A new Rasmussen Reports national telephone survey finds that 33% of Likely U.S. Voters now believe that states should have the right to ignore federal court rulings...
  • Can States Ignore the Supreme Court on Gay Marriage?

    07/01/2015 2:31:14 PM PDT · by SeekAndFind · 40 replies
    The Atlantic ^ | 07/01/2015 | David A. Graham
    Mike Huckabee and Ted Cruz are suggesting there might be ways for states and cities to nullify the justices’ ruling. They’re wrong. The Supreme Court’s decision last week did make gay marriage legal nationwide. Unfortunately for social conservatives, it did not, however, make nullification legal around the nation. Nullification is the historical idea that states can ignore federal laws, or pass laws that supercede them. This concept has a long but not especially honorable pedigree in U.S. history. Its origins date back to antebellum America, where Southern states tried to nullify tariffs and Northern states tried to nullify fugitive-slave laws....
  • So You Say You’re Against Symbols that Represent Treason?

    06/25/2015 7:52:47 PM PDT · by Starman417 · 35 replies
    Flopping Aces ^ | 06-25-15 | Brother Bob
    The Confederate Flag Two Minutes Hate has reached a new level of stupidity - Apple is removing all games that depict a Confederate flag. I haven't weighed in on the subject of the Confederate Flag issue since almost every conceivable angle on it has pretty much been written. I'm pretty much in the "It belongs in a museum" camp that a lot of conservatives have expressed. I do think that moves to ban its private ownership and scrub this flag from society are wrong, though. I understand all of the con arguments and think they have merit. Here is my take...
  • Southern Baptists pass resolution opposing gay marriage

    06/17/2015 12:28:53 PM PDT · by concernedcitizen76 · 48 replies
    AL.com ^ | June 16, 2015 | Greg Garrison
    Southern Baptists pass resolution opposing gay marriage Arkansas Pastor Ronnie Floyd, president of the Southern Baptist Convention, gives the presidential address to the Southern Baptist Convention at the Greater Columbus Convention Center, in Columbus, Ohio, June 16, 2015. Floyd exhorted members to stand united against same-sex marriage and vows that he will never officiate a same-sex union. The Southern Baptist Convention passed a resolution Tuesday, June 16, opposing gay marriage, reaffirming a long-standing position of the denomination. "The Southern Baptist Convention calls on Southern Baptists and all Christians of like-mindedness to stand firm on the Bible's witness on the private...
  • State Nullification: What Is It?

    05/23/2015 3:15:50 PM PDT · by concernedcitizen76 · 18 replies
    State nullification is the idea that the states can and must refuse to enforce unconstitutional federal laws. Says Who? Says Thomas Jefferson, among other distinguished Americans. His draft of the Kentucky Resolutions of 1798 first introduced the word “nullification” into American political life, and follow-up resolutions in 1799 employed Jefferson’s formulation that “nullification…is the rightful remedy” when the federal government reaches beyond its constitutional powers. In the Virginia Resolutions of 1798, James Madison said the states were “duty bound to resist” when the federal government violated the Constitution. But Jefferson didn’t invent the idea. Federalist supporters of the Constitution...
  • Arizona Passes Two Bills Aimed At Blocking Federal Laws (Executive Order)

    03/15/2015 11:35:33 AM PDT · by Whenifhow · 24 replies
    Opposing Views ^ | March 14 2015 | Karen Eisenberg
    House Bill 2368, introduced by Republican Representative Bob Thorpe of Flagstaff, Arizona, was passed this Wednesday by the Arizona House. House Bill 2368 seeks to bar the state of Arizona from funding any executive orders issued by President Obama, or policy directives issued by the Department of Justice. According to the Arizona State Legislature website, the bill includes the following provisions: "1. Prohibits this state or any of its political subdivisions from using any personnel or financial resources to enforce, administer or cooperate with an executive order issued by the President of the U.S. that has not been affirmed by...