Skip to comments.Nullifying Obama - State governments revive a Jefferson-Madison theory
Posted on 05/29/2013 11:26:44 PM PDT by neverdem
If beauty is in the eye of the beholder, so is nullification the idea that states can limit the enforcement of federal laws within their borders.
Theyve wiped the dust from the 10th Amendment with state laws seeking to nullify federal statutes.
Over a dozen states, with South Carolina being the most recent, have passed legislation aimed at preventing the Obamacare health care mandate from being enforced in their jurisdictions. South Carolinas goes the furthest by proposing to grant taxpayers a state tax deduction equal to the federal penalty for failing to purchase health care. Montana, Kansas and Alabama have joined the gun-control fight by enacting laws preventing federal gun-control enforcement within their borders. South Carolina enacted a law allowing its residents to produce the incandescent light bulbs banned by Congress.
Even liberals are joining the trend. In California, the state Senate has joined dozens of other states in approving legislation designed to prevent the president from executing the indefinite detention provisions of the National Defense Authorization Act. Colorado and Washington state have effectively nullified the federal governments prohibition on marijuana. When Congress mandated creation of a national ID card in the 2005 REAL ID Act, red and blue states joined together to reject the federal mandate.
The White House response has been it depends. The Justice Department tiptoes around Colorados pot legalization while threatening lawsuits over nullification of federal gun laws in Kansas.
Federal courts arent likely to be so accommodating. Judges have sat back since the New Deal and allowed the federal government to do anything it wants in the name of interstate commerce, even in matters that have nothing to do with buying and selling between states. Its a legal fight worth having, as something needs to be done to check the intrusion of the...
(Excerpt) Read more at washingtontimes.com ...
States insisting on the 10th amendment. What took you so long? You are 60-100 years overdue.
Federalism has always provided a way to avoid the centralization of power in Washington.
The principle for which we contend is bound to reassert itself, though it may be at another time and in another form.
the feds still get the money
Federalism ended with the 17th Amendment and power has indeed centralized.
Passed by Congress May 13, 1912. Ratified April 8, 1913.
Note: Article I, section 3, of the Constitution was modified by the 17th amendment.
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
WAY behind the curve. Obamacare will allow the IRS to become an unchecked monster running amok over citizens’ rights. Obama/the IRS will rule with an iron fist. Boehner and the other House eunichs will weep and wail.
America doesn’t have a national government. The Constitution is specific and clear on that. It is a federal government and its rights, duties and responsibilities are specific and defined.
Liberals/socialists/progressives/etc. want a national government to impose their will top down. That’s tyranny and was recognized as a risk by the Founders.
Hence we have a dual separation of powers. The one that everyone gets taught in school is the “dummies” version: Executive, Legislative, and Judicial. It continues to be taught because of the two it’s the less critical. The most critical separation of powers is between the federal government and the various states.
The 16th and 17th Amendments both cut that power. Ironically, the 16th was passed as a compromise so that Republicans could get the tariff that caused/worsened the Great Depression.
We had a good thing going until the progs took over with T. Roosevelt.
-——— the idea that states can limit the enforcement of federal laws———
Nullification has happened and is still in process at the federal level. The IRS action to attack nonprofits is in effect nullification of the SCOTUS ruling allowing the formation of 503 C4 non profits for money collection functions.
The IRS nullified the Supreme Court
Heads must roll (literally)
South Carolina Ping
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Thanks, but I must give due credit to jacquerie for opening my eyes to that.
“The most critical separation of powers is between the federal government and the various states.”
Gracias. (a little Spanish lingo)