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EPA, Texas go to war over carbon-emission rules (What can a state do if it loses in court?)
Hotair ^ | 12/26/2010 | Ed Morrisey

Posted on 12/27/2010 12:41:21 PM PST by SeekAndFind

And so it begins, and on the most fertile red-state territory in the nation. Texas, which got four more seats in the House through the 2010 Census reapportionment, has had its air-quality rules superceded by the EPA as part of its aggressive new action on carbon emissions. Governor Rick Perry promises a fight:

The federal Environmental Protection Agency on Thursday effectively declared Texas unfit to regulate its owngreenhouse gas emissions and took over carbon dioxide permitting of any new or expanding industrial facilities starting Jan. 2.

The EPA also set up a framework for regulating greenhouse gas emissions in seven other states: Arizona, Arkansas, Florida, Idaho, Kansas, Oregon and Wyoming. In addition, the agency set a timetable on establishing regulated levels of greenhouse gas emissions.

The action will give the EPA permitting authority over refineries, power plants and cement facilities in Texas, the agency said, but will not affect small pollution source facilities, such as restaurants and farms.

Well, perhaps not directly, but the increase in energy prices and shortages created by the EPA imposition of what will essentially be carbon taxes will impact businesses throughout the Texas economy, as well as consumers who ultimately pay the costs of the regulatory regime. Rick Perry has signaled a court fight to stop the EPA and the Obama administration:

Texas is the only state that has refused to implement the new rules. President Barack Obama is pressing ahead with the regulations after Congress failed to pass legislation capping carbon emissions. Perry, a Republican, calls the rules overreaching by the federal government that will cripple his state’s economy.

“The EPA’s misguided plan paints a huge target on the backs of Texas agriculture and energy producers by implementing unnecessary, burdensome mandates on our state’s energy sector, threatening hundreds of thousands of Texas jobs and imposing increased living costs on Texas families,” Katherine Cesinger, a Perry spokeswoman, said in an e-mailed statement.

The timing is certainly interesting. The EPA made this move two days before Christmas, when most people had stopped paying attention to political news. The EPA’s move thus got missed by most of the national media, even though it demonstrates well the Obama strategy in 2011 to win through regulation what it could not win through legislation. And by focusing on Texas, where Republicans have a chance to redistrict with practically no interference from Democrats, the move will certainly incentivize the GOP to limit as much as possible the representation of Democrats in their Congressional delegation as the Republican-controlled House attempts to stymie the EPA’s regulatory innovation.

This also will vault Rick Perry to the highest level of national politics, even as he continues to insist that he won’t run for President. With a third term as governor in hand and a perfect political battle opening in front of him, though, the opportunity may be too much to resist for a man who could possibly unite conservatives and the GOP for a big run against a stumbling Obama in 2012.


TOPICS: Breaking News; Business/Economy; Culture/Society; Government; News/Current Events; US: Texas
KEYWORDS: 10thamendment; capandtax; carbonemission; carbontrade; democrats; destroytheepa; donttreadonme; envirofascism; environment; epa; globalwarming; globalwarminghoax; obama; statesrights; teapartyrebellion; texas; tyranny
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1 posted on 12/27/2010 12:41:23 PM PST by SeekAndFind
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To: SeekAndFind

This is huge


2 posted on 12/27/2010 12:51:13 PM PST by Java4Jay
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To: SeekAndFind

It’s ironic that this will all come to a head as we prepare to observe the 150th anniversary of the start of the last civil war.


3 posted on 12/27/2010 12:53:16 PM PST by MeganC (January 20, 2013 - President Sarah Palin)
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To: SeekAndFind

We need to start gutting the EPA’s budget as congress’ first order of business.


4 posted on 12/27/2010 12:54:48 PM PST by marron
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To: marron

Agreed... write your congressman... although I doubt they will care enough to read your concerns.


5 posted on 12/27/2010 12:55:47 PM PST by TV Dinners (Hope is not a Strategy)
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To: SeekAndFind
What can a state do if it loses in court?

That's easy. The governor - - if he has the guts - - can thank the court for weighing in and then do whatever is in the best interests of his state so long as he does not violate the provisions of the US Constitution, which enumerates certain, specific, limited powers to the federal government. Everything else, you see, is left to the states.

6 posted on 12/27/2010 12:56:22 PM PST by Lancey Howard
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To: SeekAndFind

If Texas pushes this as a Constitutional challenge in court, the EPA gets their heads handed to ‘em.

Amy power not specifically granted the Fed automatically reverts to the States and the people. Nowhere in the Constitution is “EPA” or anything remotely close mentioned. They lose.....big time.


7 posted on 12/27/2010 12:57:59 PM PST by RightOnline
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To: SeekAndFind
(What can a state do if it loses in court?)

It can do at least three things if it doesn’t want to knuckle under. BTW, this is what states must do if the federal government itself doesn’t strike down or repeal ObamieCommieCare:

1) A state's highest court could "underrule" (as opposed to overrule) a federal court decision,
2) Along the same line, legislatively, a state could nullify an abhorrent and unconstitutional federal law, mandate, or regulation,
3) The last resort for a state that has reached the point where it has suffered as the Declaration of Independence calls it, "...a long train of abuses and usurpations, pursuing the same Object...[of]...absolute Depostism..." it can and should divest itself of and cede from the federal government.

8 posted on 12/27/2010 12:58:34 PM PST by Jim 0216
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To: SeekAndFind

With high probability, in the end, when the fight gets bloody, RINO’s always surrender...


9 posted on 12/27/2010 12:58:53 PM PST by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: Lancey Howard
The governor - - if he has the guts - - can thank the court for weighing in and then do whatever is in the best interests of his state so long as he does not violate the provisions of the US Constitution, which enumerates certain, specific, limited powers to the federal government. Everything else, you see, is left to the states.

The governor who takes them on smartly and boldly would be the front runner for president in an instant. Ignore every ruling that can't be supported by the constitution, and dare them to do something about it.

10 posted on 12/27/2010 12:59:33 PM PST by marron
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To: SeekAndFind

Secede

The Obama administration has never bothered to worry about the Constitution.


11 posted on 12/27/2010 1:00:06 PM PST by Venturer
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To: SeekAndFind

Considereing that the structure of our government is one of “balance of power” and “three coequal branches of government”, the bigger question is, who put the judiciary at the top of the food chain? Screw the men in black.


12 posted on 12/27/2010 1:00:42 PM PST by Lancey Howard
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To: SeekAndFind

It would be interesting to see a State pass laws that bind US Senators and Congressmen to specific votes.

For example Texas passes a law with to require Texas Senators and Congressmen to vote no on any legislation that contains EPA or FCC budget dollars.

At least for House members, it is well established that the State sets the voting districts. At least for House members the penalty could be that by voting to give any money to the EPA or FCC, that the house district will be dissolved and reapportioned.


13 posted on 12/27/2010 1:01:04 PM PST by updatedscreenname
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To: SeekAndFind

I side with the South, just like last time.


14 posted on 12/27/2010 1:02:58 PM PST by Java4Jay
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To: marron
We need to start gutting the EPA’s budget as congress’ first order of business.

First Darryl Issa should hold hearing to expose the EPA's America haters. Grill that skanky Lisa Jackson Then gut the EPA like a fish you just caught.

15 posted on 12/27/2010 1:03:07 PM PST by dennisw (- - - -He who does not economize will have to agonize - - - - - Confucius)
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To: Lancey Howard
“three coequal branches of government”,

If they are co-equal, then two of the three ought to be able to over-rule the third.

16 posted on 12/27/2010 1:03:28 PM PST by marron
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To: Jim 0216

Texas can do all of this... then watch as Texas begins to lose federal funds for various ‘projects’...

Although, Texas (and Texans) could probably survive without federal funds for many projects.


17 posted on 12/27/2010 1:04:01 PM PST by TV Dinners (Hope is not a Strategy)
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To: dennisw; SeekAndFind

EPA is a bunch of DMV clerks launching a palace revolt and appointing themselves king.


18 posted on 12/27/2010 1:06:00 PM PST by marron
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To: SuperLuminal
With high probability, in the end, when the fight gets bloody, RINO’s always surrender...

Unfortunately, that is all too true.

Who can ever forget when the governor of Florida, Jeb Bush, was faced down by a stinking county probate judge and the world got to watch the excructiating, televised, month-long state murder by starvation of an innocent young woman.

19 posted on 12/27/2010 1:07:03 PM PST by Lancey Howard
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To: SeekAndFind

EPA Issues Six Greenhouse Gas Rules
http://www.freerepublic.com/focus/f-news/2648035/posts

Broke here first today...mods. bumped it out of breaking and put it in “blogger personal.”


20 posted on 12/27/2010 1:10:20 PM PST by EBH ( Whether you eat your bread or see it vanish into a looter's stomach, is an absolute.)
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To: marron
If they are co-equal, then two of the three ought to be able to over-rule the third.

Yep, but there would be little need to "over-rule" if the various branches simply stuck to their job descriptions.

21 posted on 12/27/2010 1:11:39 PM PST by Lancey Howard
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To: TV Dinners
then watch as Texas begins to lose federal funds for various ‘projects’...

Right, well, weening yourself off these toxic dependency programs and "entitlements" is hard at first because they're designed to do just that - keep you in political babyhood depending on Big Brother Government. Just like laying off junk food or some kind of addiction, you're a lot healthier and have much more freedom after you've done it.

Maybe the greatest threat would be military, but again, people must believe freedom is worth dying for if necessary.

22 posted on 12/27/2010 1:15:19 PM PST by Jim 0216
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To: Lancey Howard; SeekAndFind

Quick question “three coequal branches of government” do you believe this was the intent or where do you find it? I think your “balance of power” is a bit more accurate of a statement because the powers of each branch are defined, but not equal.

I know its a common statement “three coequal branches of government” and I have used it myself, but in reality it is not so, for it really matters on what the subject is IE are we making Law then Congress has all the power and the Judiciary can at best say its Unconstitutional and the Executive can just not enforce. So Check on the power, but not equal.


23 posted on 12/27/2010 1:16:46 PM PST by jafojeffsurf ( Return to the Constitution.)
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To: SeekAndFind

Secede.................


24 posted on 12/27/2010 1:20:02 PM PST by Red Badger (Whenever these vermin call you an 'idiot', you can be sure that you are doing to something right.)
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To: SeekAndFind

I don’t know what’ll happen if they lose in court. I think the only thing the fed can do is withhold money that it gives to the state. I’m wondering if there is anyway to just do that? Just tell the feds to stuff it and not take any federal money. If you don’t take money from them, can they really force you to do anything other then uphold the constitution?


25 posted on 12/27/2010 1:20:17 PM PST by MsLady (If you died tonight, where would you go? Salvation, don't leave earth without it!)
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To: SeekAndFind

Texas should immediatly raid all the EPA offices, arrest the top officials, take them to the nearest state line covered in tar and feathers (or equivalent) and put a boot in their butts on the way out!


26 posted on 12/27/2010 1:20:17 PM PST by Ruy Dias de Bivar (I visited GEN TOMMY FRANKS Military Museum in HOBART, OKLAHOMA! Well worth it!)
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To: SuperLuminal
Compromise only works when Repubies grab their ankles.
27 posted on 12/27/2010 1:21:06 PM PST by MaxMax
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To: Java4Jay

It is and bizaare as well. I researched this quite extensively at lunch time and the upshot of this is that 27 of 27 Texas refineries which supply 26% of the nation’s fuel are essentially operating without any permits whatsoever and the EPA has said that’s “O.K.” for now. What actually happened, as I understood it from several news sources, is they upended the TNRCC (Texas Resource Commision) authority to grant permits and “killed” the permits previously granted by the TNRCC. Now.....here’s the kicker.........all of these refineries will have to do the Spring Turnaround where they essentially shut the refinery down for routine maintenance and to tweak the process to turn out the “summer” gasoline blend. But.....once they’re down; can they or will they be allowed to come back on without a permit?

I dunno, but gas is $3.00 a gallon now.......we could be facing far higher prices in the Spring and Summer of 2011.


28 posted on 12/27/2010 1:21:25 PM PST by Rich21IE
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To: MsLady

I’m not up on the current count, but I do know Perry has been turning down federal money. Especially the funds with strings attached.


29 posted on 12/27/2010 1:24:50 PM PST by Tex-Con-Man
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To: jafojeffsurf

Here is a pretty decent article, replete with quotes from founders:

http://community.adn.com/adn/node/152944


30 posted on 12/27/2010 1:26:22 PM PST by Lancey Howard
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To: Tex-Con-Man

Good for him. I wish Michigan would turn around...sheesh. We have some good people going into congress from this state. I pray to God they help turn this ship around. Michigan is a total wreck.


31 posted on 12/27/2010 1:26:28 PM PST by MsLady (If you died tonight, where would you go? Salvation, don't leave earth without it!)
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To: Java4Jay

As I said last week: this would be a perfect place to start the attack on ALL the over-reaching that the Commerce Clause bullshit interpretation has caused. Bring States’ Rights to the forefront, and confront the “As Written” limitations on Federal Government power. We have DECADES of takeovers to un-do.


32 posted on 12/27/2010 1:28:01 PM PST by traditional1 ("Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: Quix; Whenifhow; houeto; null and void; Squantos; xrmusn; bronxville; Screaming_Gerbil; ...
Bring-it-you-treasonous-Yankee-pansy-scum ping.

"Enemies Domestic" ping.

Increasing volume ping list monitoring the Leftist/government axis agitprop, psyops, and instigation of violence.

FReepmail me if you want on or off The Comedian's "Enemies Domestic" ping list...


Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.

33 posted on 12/27/2010 1:31:23 PM PST by The Comedian (Government: Saving people from freedom since time immemorial.)
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To: SuperLuminal

That’s what I’m afraid of. He needs to be as tough as he talks.


34 posted on 12/27/2010 1:32:18 PM PST by Newton ('No arsenal is so formidable as the will and moral courage of free men and women.' -Ronald Reagan)
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To: traditional1

No better time than the present to start this.
The 2010 election turned control over most of the legislatures to conservatives.


35 posted on 12/27/2010 1:33:24 PM PST by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: Jim 0216

Um, actually, in Texas, we have another way of putting the last point.

“When a government has ceased to protect the lives, liberty and property of the people, from whom its legitimate powers are derived, and for the advancement of whose happiness it was instituted, and so far from being a guarantee for the enjoyment of those inestimable and inalienable rights, becomes an instrument in the hands of evil rulers for their oppression.

When the Federal Republican Constitution of their country, which they have sworn to support, no longer has a substantial existence, and the whole nature of their government has been forcibly changed, without their consent, from a restricted federative republic, composed of sovereign states, to a consolidated central military despotism, in which every interest is disregarded but that of the army and the priesthood, both the eternal enemies of civil liberty, the everready minions of power, and the usual instruments of tyrants.

When, long after the spirit of the constitution has departed, moderation is at length so far lost by those in power, that even the semblance of freedom is removed, and the forms themselves of the constitution discontinued, and so far from their petitions and remonstrances being regarded, the agents who bear them are thrown into dungeons, and mercenary armies sent forth to force a new government upon them at the point of the bayonet.

When, in consequence of such acts of malfeasance and abdication on the part of the government, anarchy prevails, and civil society is dissolved into its original elements. In such a crisis, the first law of nature, the right of self-preservation, the inherent and inalienable rights of the people to appeal to first principles, and take their political affairs into their own hands in extreme cases, enjoins it as a right towards themselves, and a sacred obligation to their posterity, to abolish such government, and create another in its stead, calculated to rescue them from impending dangers, and to secure their future welfare and happiness.

Nations, as well as individuals, are amenable for their acts to the public opinion of mankind.”

The EPA, these days, is the priesthood of Global Warming.


36 posted on 12/27/2010 1:35:00 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: SeekAndFind

We just ignore the EPA and its decrees. When the Federal Government cuts off federal funds, Texas cuts off the flow of
petroleum products from the the refineries that line the Houston Ship channel.

There are several big pipelines that run from those refineries up to the East Coast. You just turn off the flow. We find out REAL quick who needs who more.


37 posted on 12/27/2010 1:35:54 PM PST by NeverForgetBataan (To the German Commander: ..........................NUTS !)
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To: TV Dinners

Actually, some local pundit sat down and figured out that if we didn’t have to pay any Federal fees, etc., etc., we’d more than make up for any loss of Federal dollars.

Texas is already a net contributor to the Federal treasury. We pay more in than we get back.


38 posted on 12/27/2010 1:36:49 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: SeekAndFind

The governing body of Texas better wake up. Could just be that the Texans will kick some as@ right at home if the governing body doesn’t tell the Feds to go to hell. Maybe the majority of Texans will clean out the liberals in their State.


39 posted on 12/27/2010 1:38:48 PM PST by Logical me
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To: NeverForgetBataan

Better idea. Wait until April, then seize all the Federal income tax money that’s been sent to Austin.

They’re desperately counting on our income taxes to keep going. :D


40 posted on 12/27/2010 1:39:30 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: NeverForgetBataan

“We just ignore the EPA and its decrees. When the Federal Government cuts off federal funds, Texas cuts off the flow of petroleum products from the the refineries that line the Houston Ship channel.”

####

I would love to see that happen.

But it won’t.

I have yet to see anyone on our side with big enough balls. Yeah, even in Texas.


41 posted on 12/27/2010 1:41:35 PM PST by EyeGuy (RaceMarxist Obama: The Politics of Vengeance)
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To: Logical me

One reason Texas has been slow to respond to stuff in the past year is because our legislature only meets every other year, and our Governor is strictly limited.

Our legislature meets the second Tuesday of January, 2011. And, by the way, it’s now supermajority Republicans after the last election. The Dems can’t even stop stuff by absconding to Oklahoma any more.


42 posted on 12/27/2010 1:41:57 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: MsLady
Perry gets a lot of abuse from conservatives, some undeserved...

Perry turns down nat'l edu. funds

“If Washington were truly concerned about funding education with solutions that match local challenges, they would make the money available to states with no strings attached,” he said.

Texas Gov. Rick Perry rejects stimulus money for jobless claims

Gov. Rick Perry , joining a handful of his fellow Southern Republican leaders, said Thursday that he was rejecting $556 million in federal stimulus money for unemployed Texans because it had too many strings attached.

43 posted on 12/27/2010 1:42:13 PM PST by Tex-Con-Man
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To: NeverForgetBataan

If fedgov shuts off their funds, they should direct all companies in Texas to forward their federal tax witholding to the state to be held in escrow until it’s resolved.


44 posted on 12/27/2010 1:42:28 PM PST by tacticalogic
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To: EyeGuy

Just wait. People in Texas are very, very angry about what’s been going on.

Of course, we might just secede instead.


45 posted on 12/27/2010 1:43:25 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Spktyr

“Of course, we might just secede instead.”

####

Let us hope that say, AZ and OK join you.

And I’m not sure that my Missouri would be too far behind.


46 posted on 12/27/2010 1:45:07 PM PST by EyeGuy (RaceMarxist Obama: The Politics of Vengeance)
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To: Spktyr

” They’re desperately counting on our income taxes to keep going. “

Not as long as Bernanke and Geithner have control of the printing presses....

(I read somewhere recently that Federal Tax receipts - from all sources - accounts for only 40% of Federal outlays..)


47 posted on 12/27/2010 1:48:02 PM PST by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: Spktyr
Inspired words. Is that quote from the Texas State Constitution?

I think also as the Declaration of Independence says "Prudence, indeed, will dictate that Government long established should not be changed for light or transient causes..." Prudence, in other words, dictates first going for state court and legislative nullification of abhorrent federal laws, using every means possible before deciding on cessation as the final answer.

Personally, I believe that at some point cessation of those that hate tyranny and love freedom appears inevitable. But I also believe in going through all the steps necessary to avoid it if at all possible.

48 posted on 12/27/2010 1:49:09 PM PST by Jim 0216
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To: Uncle Ike

That’s true, sort of. But if they don’t get the billions from Texas on schedule, that whole house of cards is going to collapse - because then the world financial markets are going to have to de-rate the US. Pretty much the same thing that happens when a big company has their largest client tell them they’re not getting paid.


49 posted on 12/27/2010 1:49:59 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: SeekAndFind; enough_idiocy; meyer; Normandy; Whenifhow; TenthAmendmentChampion; Clive; scripter; ...
 


Beam me to Planet Gore !

50 posted on 12/27/2010 1:49:59 PM PST by steelyourfaith (ObamaCare Death Panels: a Final Solution to the looming Social Security crisis ?)
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