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Party-line vote in Idaho for ‘nullification’ bill
The Spokesman-Review ^ | January 26, 2011 | Betsy Z. Russell

Posted on 01/26/2011 10:13:47 AM PST by Idabilly

BOISE - On a straight party-line vote, with all 15 Republicans on the committee voting in favor and all four Democrats voting against, the House State Affairs Committee voted this morning to introduce legislation seeking to “nullify” the federal health care reform bill.

Rep. Vito Barbieri, R-Dalton Gardens, told the panel, “The federal health care laws recently passed by the U.S. Congress have invaded the traditional sovereign powers of the state. This bill declares that this intrusion by the federal government is … null and void.”

Committee members had lots of questions for Barbieri. “Are you … aware that no court in the history of the United States has ever upheld a state effort to nullify a federal law?” Rep. Elfreda Higgins, D-Garden City, asked Barbieri. He responded, “I do believe no federal court has done that. The difficulty is that the federal courts are an arm of the federal government, so it would be very difficult to imagine an arm of the federal government ruling against itself.”

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


TOPICS: News/Current Events; US: Idaho
KEYWORDS: 10thamendment; federalism; obamacare; socializedmedicine; statesrights
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To: Joe Boucher

lol...thanks fot the tip....hard to find Jerry band shows.


41 posted on 01/26/2011 1:40:19 PM PST by Huck (The antifederalists were right.)
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To: Lazamataz

Don’t confuse the weatherman with the weather.


42 posted on 01/26/2011 1:40:57 PM PST by Huck (The antifederalists were right.)
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To: Dead Corpse

The federal judiciary interprets the meaning of the Constitution, and when that reaches the SCOTUS, the decisions are final. SCOTUS decisions, in short, have all the same power as Constitutional text. That IS how it was written, sadly.


43 posted on 01/26/2011 1:42:24 PM PST by Huck (The antifederalists were right.)
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To: Minus_The_Bear

It serves a short-term political purpose, as a form of obstruction. But it’s not nullification—it’s merely non-compliance. The states cannot nullify a federal law. They can obstruct if they like, and then it’s up to the feds to enforce it.


44 posted on 01/26/2011 1:43:47 PM PST by Huck (The antifederalists were right.)
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To: Huck
They can obstruct if they like, and then it’s up to the feds to enforce it.

I think you're getting the idea. ;-)

45 posted on 01/26/2011 1:49:56 PM PST by Billthedrill
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To: Huck

Sooo... you think that the federal government is going to roll tanks into 2 dozen states and enforce REAL ID?


46 posted on 01/26/2011 1:50:38 PM PST by Minus_The_Bear
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To: Huck

I always wondered how strange Progressive/Commie things ever happen in the state of TX...now I know why!!!

You may never have voted for a Democrat but you are a Progressive through and through and you probably have a secret room dedicated to Woodrow Wilson because the two of you see eye to eye.

Secession could very well be a reality once the Federal Gov’t starts bailing out states. Any state that stays aboard this sinking ship at that time would be pretty stupid.


47 posted on 01/26/2011 1:54:39 PM PST by surfer (To err is human, to really foul things up takes a Democrat, don't expect the GOP to have the answer!)
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To: surfer

LOL. George Washington was too much of a big goverment guy for me, and you think I admire Wilson? lol. That’s funny. Good luck seceding.


48 posted on 01/26/2011 1:57:55 PM PST by Huck (The antifederalists were right.)
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To: Billthedrill

But that’s not nullification. It’s civil disobedience. Nullification, as a legal doctrine, is nonsense.


49 posted on 01/26/2011 1:58:44 PM PST by Huck (The antifederalists were right.)
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To: Idabilly

I love Idaho! A 15:4 party line vote. I’d love even more to see that ratio in the US Congress, if it was Tea Party and not the RINO wing of the GOP.


50 posted on 01/26/2011 2:00:24 PM PST by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: Huck

And that’s a semantic game. It’s a stimulus that anticipates a specific response. That process is what is important and not what it’s called. IMHO, of course.


51 posted on 01/26/2011 2:00:24 PM PST by Billthedrill
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To: Huck; Minus_The_Bear
It serves a short-term political purpose, as a form of obstruction. But it’s not nullification—it’s merely non-compliance. The states cannot nullify a federal law. They can obstruct if they like, and then it’s up to the feds to enforce it.

We will just see about that! Many of us Idahoans have turned toooo many wrenches and fended for ourselves for far tooo long... just to have some pencil pushing geek tell us.." it just ain't happening "... That goes for them stiff suits up there in D.C too..

52 posted on 01/26/2011 2:05:38 PM PST by Idabilly ("I won't be wronged, I won't be insulted, and I won't be laid a hand on. ...)
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To: Huck
The SCOTUS cannot legislate from the bench. That is not a power reserved to them. Changing the express language of a clause or law is doing exactly that.

Marbury. Wickard. Miller. Roe. Raich. Kelo... They all stack up to tear our Republic down.

That isn't how it is written, but it is how it is. This needs to change and it starts with stuff like the States making the attempt.

53 posted on 01/26/2011 2:11:50 PM PST by Dead Corpse (III%. The last line in the sand)
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To: Huck

I never said it would work...but that is where this is going to end up.


54 posted on 01/26/2011 2:26:17 PM PST by surfer (To err is human, to really foul things up takes a Democrat, don't expect the GOP to have the answer!)
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To: Huck

BTW I misread your profile page. I jumped the gun (oh that vitriolic rhetoric right there)...LOL.

I thought your profile explained YOUR position on the Constitution and your support of a much stronger national government. My apologies.

To make it clear from my perspective I think we have had only two decent presidents in the last 100 years... Coolidge and Reagan.


55 posted on 01/26/2011 2:50:45 PM PST by surfer (To err is human, to really foul things up takes a Democrat, don't expect the GOP to have the answer!)
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To: Huck
What a dumb waste of time. Nullification? What’s next? Secession?

All laws which are repugnant to the Constitution are null and void.

--Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)

56 posted on 01/26/2011 2:59:21 PM PST by archy (I'd give my right arm to be ambidextrous!)
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To: Huck

Yes. I suggest we move straight to secession.


57 posted on 01/26/2011 3:26:29 PM PST by Conservative9
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To: rednek

“Yup and the South lost the War of Northern Aggression due to a lack of resources. Lets try it again and see how it works out the 2nd time. The shoe is on the other foot this time....”

I’m pretty sure that Third Manassas would turn out the same ... then it would get REAL interesting and have a whole different ending. And these turd blossoms up in DC can make it happen if they keep pushing.


58 posted on 01/26/2011 4:02:19 PM PST by jessduntno ("'How fortunate for governments that the people they administer don't think." - Adolph Hitler)
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To: Huck

“Good luck with that. lol.”

WTF is so funny? You think the 3 to 1 advantage between Federal bootlickers and people who want to be free is still there?


59 posted on 01/26/2011 4:09:20 PM PST by jessduntno ("'How fortunate for governments that the people they administer don't think." - Adolph Hitler)
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To: Idabilly; Huck

“This God given right to consent to your Government was never ceded away. It couldn’t be since it is God given.”

C’mon, this bonehead idolizes an atheist, Confederate deserter. What are the chances he’s gonna understand or respect what you’re talking about?


60 posted on 01/26/2011 4:14:36 PM PST by jessduntno ("'How fortunate for governments that the people they administer don't think." - Adolph Hitler)
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