View Poll Results: Is state nullification constitutional?

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Thread: Is state nullification constitutional?

  1. #11
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    Re: Is state nullification constitutional?

    Of course, they can go ahead and try to enforce whatever, and be sued to oblivion when scotus rules against them.

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    Re: Is state nullification constitutional?

    Quote Originally Posted by Ray410 View Post
    The answer depends upon the particular power that an individual state wishes to express in contravention of federal law.

    Tenth Amendment: "Those powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


    Under the present administration, it appears that there would be no pathway to individual state expression of a Tenth Amendment granted power unless a State affirmatively followed the course of Nullification, thereby forcing a federal challenge.

    The Federal government is not going to ask a state if it agrees with federal usurpation of that state's constitutionally granted authority.
    States do not get to determine what violates the 10th amendment. The federal court system does. If the federal court system rules a federal law violates the 10th, then a state law "nullifying" it is unneeded. If the federal court system rules a federal law does not violate the 10th, then the state cannot use the 10th as an argument to nullify.
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    Re: Is state nullification constitutional?

    Quote Originally Posted by Tucker Case View Post
    It's an interesting question. I don't think it's unconstitutional, but I'm pretty sure it is a violation of federal law to interfere with federal officers who are performing their duty. Thus, such laws would place any officer who tries to enforce state law into the unenviable situation of having to violate federal law in order to do so.
    Did you read the case Anagram mentioned in the OP? Wiki has a nice write up on it and it offers some fascinating insight into this.
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    Re: Is state nullification constitutional?

    Quote Originally Posted by Redress View Post
    Did you read the case Anagram mentioned in the OP? Wiki has a nice write up on it and it offers some fascinating insight into this.
    I didn't, but I will now.
    Tucker Case - Tard magnet.

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    Re: Is state nullification constitutional?

    Quote Originally Posted by Redress View Post
    States do not get to determine what violates the 10th amendment. The federal court system does. If the federal court system rules a federal law violates the 10th, then a state law "nullifying" it is unneeded. If the federal court system rules a federal law does not violate the 10th, then the state cannot use the 10th as an argument to nullify.
    Note that I stated the state's course should be to ".....force a federal challenge."

  6. #16
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    Re: Is state nullification constitutional?

    Quote Originally Posted by Redress View Post
    States do not get to determine what violates the 10th amendment. The federal court system does. If the federal court system rules a federal law violates the 10th, then a state law "nullifying" it is unneeded. If the federal court system rules a federal law does not violate the 10th, then the state cannot use the 10th as an argument to nullify.
    How convenient that the very same corrupt government that refuses to obey the Constitution is given the power to determine what the Constitution does or does not allow it to do; and therefore to rule that the Constitution allows it to do whatever the hell it wants to do;.
    The five great lies of the Left Wrong:
    We can be Godless and free. • “Social justice” through forced redistribution of wealth. • Silencing religious opinions counts as “diversity”. • Freedom without moral and personal responsibility. • Civilization can survive the intentional undermining of the family.

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    Re: Is state nullification constitutional?

    Quote Originally Posted by Anagram View Post
    Nullification efforts are mounting in states across the country. Kansas recently made it a felony for federal agents to enforce federal gun laws on guns made in Kansas. A law here in Missouri recently passed with huge super-majorities, so it will come into effect regardless of whether Governor Nixon vetoes it. So my question is whether or not those laws are constitutional.

    I'd like to make a distinction between those laws and the marijuana laws that have come into effect and are mentioned in the source as examples of nullification. Those laws merely legalize marijuana in the state, but do not prevent federal agents from enforcing the federal laws against it. As I understand it, this type of law was ruled constitutional in Prigg v Pennsylvania where it was said that the states cannot be compelled to use state law enforcement resources to enforce federal law. Rather, what I am talking about are laws that prevent even federal agents from enforcing the federal laws.
    If states can enact laws that ignore federal marijuana laws and enact sanctuary city policies then surely states can surely enact laws that repeal unconstitutional federal laws.
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    Re: Is state nullification constitutional?

    Study your Constitution folks, it is made up of more than the Bill of Rights and the subsequent amendments:

    Article VI, Clause 2: 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, anything in the constitution or laws of any state to the contrary notwithstanding.

    Furthermore, the U.S. Supreme Cout has already ruled in a series of eight cases, that nullification is a violation of the Constitution. Most Specifically in Cooper v. Aaron, 358 U.S. 1 (1958) where a state law tried to nullify the courts desegregation decision in Brown vs. The Board of Education; and Edgar v. MITE Corp., 457 U.S. 624 (1982), when it ruled A state statute is void to the extent that it actually conflicts with a valid Federal statute.

    So as long as this remains "The UNITED States," states will be bound by both Supreme Court rulings and Federal laws; nullification is just grandstanding.

  9. #19
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    Re: Is state nullification constitutional?

    Quote Originally Posted by Bob Blaylock View Post
    How convenient that the very same corrupt government that refuses to obey the Constitution is given the power to determine what the Constitution does or does not allow it to do; and therefore to rule that the Constitution allows it to do whatever the hell it wants to do;.
    1) That's not how it works. It's the legislative and executive branches that will actually do things whose constitutionality needs to be determined (e.g. pass laws, interpret laws), and the job of the judiciary to review the constitutionality of those laws.

    2) States are every bit as "corrupt" as the federal government.

    3) Being mad at government doesn't change the fact that there are absolutely no provisions for the states to evaluate the constitutionality of a law or federal action.

  10. #20
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    Re: Is state nullification constitutional?

    Quote Originally Posted by Captain Adverse View Post
    Study your Constitution folks, it is made up of more than the Bill of Rights and the subsequent amendments...
    +1

    States can pass laws to try and force an issue or ruling, but they cannot declare by fiat that laws they pass are constitutional, or that a federal law is not constitutional.

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