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Federal nullification efforts mounting in states
http://start.toshiba.com ^ | june 212013 | DAVID A. LIEB - Associated Press

Posted on 06/21/2013 5:56:45 AM PDT by kimtom

JEFFERSON CITY, Mo. (AP) — Imagine the scenario: A federal agent attempts to arrest someone for illegally selling a machine gun. Instead, the federal agent is arrested — charged in a state court with the crime of enforcing federal gun laws.

Farfetched? Not as much as you might think.

The scenario would become conceivable if legislation passed by Missouri's Republican-led Legislature is signed into law by Democratic Gov. Jay Nixon.

The Missouri legislation is perhaps the most extreme example of a states' rights movement that has been spreading across the nation. States are increasingly adopting laws that purport to nullify federal laws — setting up intentional legal conflicts, directing local police not to enforce federal laws and, in rare cases, even threatening criminal charges for federal agents who dare to do their jobs.

An Associated Press analysis found that about four-fifths of the states now have enacted local laws that directly reject or ignore federal laws on marijuana use, gun control, health insurance requirements and identification standards for driver's licenses. The recent trend began in Democratic leaning California with ........

(Excerpt) Read more at start.toshiba.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: 2ndamendment; constitution; guns; sourcetitlenoturl; staterights
"...Hey, that is not fair..."

(sarc)

1 posted on 06/21/2013 5:56:45 AM PDT by kimtom
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To: kimtom
I believe this is our only real hope to get our country back:

Serious State Pushback

2 posted on 06/21/2013 5:59:00 AM PDT by BRL
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To: BRL

I believe this is our only real hope to get our country back:
Serious State Pushback
...”

this does present Hope..

thanks


3 posted on 06/21/2013 6:02:24 AM PDT by kimtom (USA ; Freedom is not Free)
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To: kimtom
Won't stand up...

In Re Neagle

Cunningham v. Neagle

4 posted on 06/21/2013 6:03:13 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: BRL

How about this argument: states have decided to assume jurisdiction to those items not specifically provided to the federal government (enumeration clause) to legislate upon. There is this archeic 10th amendment of the constitution, still in tact incidentally, that reserves all powers not specifically given to the federal government to remain with the states or the people directly. Of course that one is number 10 and far down the list of those we already don’t pay much attention to now. But still, it does seem somewhat important, not some quaint notion discussed over a few ales at some Philadelphia tavern.


5 posted on 06/21/2013 6:09:05 AM PDT by Mouton (108th MI Group.....68-71)
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To: Timber Rattler
Won't stand up......”

interesting link thanks.

But a new precedent can be set.

6 posted on 06/21/2013 6:12:12 AM PDT by kimtom (USA ; Freedom is not Free)
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To: kimtom

That would start a sh!tstorm with fed agents for sure. I for one would love to see this come to pass.


7 posted on 06/21/2013 6:23:59 AM PDT by HANG THE EXPENSE (Life's tough.It's tougher when you're stupid.)
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To: kimtom

The Quiet Revolution is beginning.

The ‘not-so-quiet’ one may come when Washington, D.C., finally gets it, when their agents do become incarcerated, next to those that those agents placed, in the next cell.


8 posted on 06/21/2013 6:26:18 AM PDT by Terry L Smith
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To: kimtom

...So, what’s the problem?...


9 posted on 06/21/2013 6:27:35 AM PDT by PATRIOT1876 (The only crimes that are 100% preventable are crimes committed by illegal aliens)
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To: kimtom
But a new precedent can be set.

Entirely correct, particularly when the facts of the case are different. Between an appeal to the 2nd, 9th, and 10th Amendments, the obvious fact that the feds permit people to purchase and own fully-automatic weapons as long as you wait the year or so for paperwork and pay them their $200 bribe masquerading as a fee, and the selective enforcement of immigration laws and of drug laws in states that have done something similar for recreational marijuana, nullification has a real chance in the courts. Further, how many BATFE thugs want to spend months in a Missouri jail as they wait to see whether the courts will back them? Even if it is struck down,. it is more than worth trying.

10 posted on 06/21/2013 6:28:51 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: kimtom

It is a start, but all seem to buckle when some obscure federal judge tells the state they can’t do that. What I want to see is a governor and state AG tell the courts to pack sand. We can see and the state goverments need to see is that the federal courts are no longer a separate branch but are now part of the executive.
Another thing that would cement this is for the 11 southern states that had thier constitutions rewritten by northern carpet baggers durring reconstruction held Con Cons and stuck their fingers in the feds eye. I can only dream.


11 posted on 06/21/2013 6:29:06 AM PDT by DeWalt
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To: BRL
I believe this is our only real hope to get our country back: Serious State Pushback

Let me state this up front, I am 100% in favor of state nullification laws. I agree that this is the only way the road to the recovery of a Constitutional Republic leads. This is the only way to rein in a federal government that is way out of control.

With the way DHS, the FBI, and a whole host of other federal agencies have gone off the hook, arming their agents to the hilt and encouraging what I can only describe as a "jack-boot" attitude, what will happen when local LEOs (most likely a county sheriff and their deputies) enforce state laws and actually try to arrest over zealous, over armed federal agents that have overstepped their bounds?

I firmly believe there are elements in the federal government that are hoping for some sort of an an armed confrontation; one that the above situation could elicit. Look at the relationship the bureaucracy has fostered towards the people of this country. It can be described as adversarial, at best, dictatorial at worst. They would then be able use it as an excuse to enact more Draconian measure against the populace.

The die is cast. More and more nullification laws are going to be passed; as they should. Barring some great awakening that leads this country peacefully back to its roots, there is a violent storm on the horizon.

12 posted on 06/21/2013 6:33:33 AM PDT by Turbo Pig (...to close with and destroy the enemy...)
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To: DeWalt
“....We can see and the state goverments need to see is that the federal courts are no longer a separate branch but are now part of the executive...”

That thought crossed my mind.

and a compelling reason...!

13 posted on 06/21/2013 6:35:30 AM PDT by kimtom (USA ; Freedom is not Free)
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To: Turbo Pig

...whole host of other federal agencies have gone off the hook, arming their agents to the hilt and encouraging what I can only describe as a “jack-boot” attitude, what will happen when local LEOs (most likely a county sheriff and their deputies) enforce state laws and actually try...”

a very real scenario....

Thanks


14 posted on 06/21/2013 6:37:56 AM PDT by kimtom (USA ; Freedom is not Free)
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To: kimtom

If the druggies can have their legalized marijuana ... why can’t I a law-abiding legal born citizen of this nation have a legal machine-gun without having to jump through all of the legalization hoops? I might need protection from the masses that aren’t in this nation legally. There could be an incident where my simi-auto would not be taking care of an approaching problem under unusual circumstances. I have an obligation to my community to uphold the peace. The illegally here, on our nation’s soil, would probably have fully automatic weapons supply by God only knows who. I deserve the right to defend and protect my community and my family. So what is the problem. Government says Mr. and Mrs. America, we decide. And that is the problem the government has no right to decide whether or not I perceive a threat. I know there is a threat. Our Forefathers told us there would always be a threat. The D.C. leadership has protection with full automatic weapons. My community deserves no less.


15 posted on 06/21/2013 6:47:31 AM PDT by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: BRL

It is the only way to bring the Federal govt under control. Look for it to get worse as this country slides toward total economic collapse and increasing police state.


16 posted on 06/21/2013 7:05:53 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: no-to-illegals

I have written on this subject here before and bares repeating. The best argument for this is, if a law enforcement agent needs a full auto M-4 and 4 to 6 magazines of the 30 round type because of the threats he or she faces then John Q Public needs the same. What threats does mister agent face that we in the public don’t (out side of those they create). If those threats don’t exist than why does mister agent need them? We in the public face everything day in and out for longer periods of time than any LEO. A weapon carried by the agent is for personal protection not your protection. So with with that said and we being denied the same who do you think it is they are afraid of? You first answer is RIGHT.


17 posted on 06/21/2013 7:08:49 AM PDT by DeWalt
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To: DeWalt
Am glad to see you are writing of this situation facing law abiding citizens. Yes, law abiding citizens deserve the same protections as law enforcement and federal officials. There could be an unusual circumstance develop because of current policies being implemented by misguided politicians that would demand the citizenry have equal protection from unforeseen extremists with fully automatic weaponry.

Thank You for writing on this topic. This is a topic near and dear to me. Our communities deserve to be free not bound by irrational laws should a time arise when the necessity exists for the citizenry to be better armed, and I perceive that time could be just around the corner. God only knows what is in store ... I prefer Americans Be Prepared. Guess Being Prepared is against the law though.

18 posted on 06/21/2013 7:19:36 AM PDT by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: Mouton

* But still, it does seem somewhat important, not some quaint notion discussed over a few ales at some Philadelphia tavern. *

Good Point!


19 posted on 06/21/2013 7:33:13 AM PDT by PATRIOT1876 (The only crimes that are 100% preventable are crimes committed by illegal aliens)
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To: kimtom

Face it, a lot of states are going to side with FedGov™, a lot aren’t. So lets draw the battle lines and start forming regiments. Get it over with, are “we the people” going to the the bitch of FedGov™ or are some states going to escape? Everyone is miserable, both sides. We owe it to each other to settle this G-D thing. Peacefully or otherwise. I am good either way...


20 posted on 06/21/2013 7:36:52 AM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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To: BRL

Amen to that. We need to invade school boards and other such things. Defy the blue state led feds


21 posted on 06/21/2013 7:39:36 AM PDT by Viennacon
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To: BRL; kimtom; Mouton; DeWalt; Turbo Pig; Georgia Girl 2
Serious State Pushback

Expect no assist from federal courts. Most of the judges grew up in an educational and professional environment that disdained the Constitution in general and the 9th/10th Amendments in particular. The distinctions between making/executing/judging law have become dangerously blurred as courts increasingly write laws and the executive agency administrative courts adjudicate regulations with the force of law.

If the movement toward nullification is as strong as the author reports, the answer is to repeal the 17th Amendment. Put the states back in the national government as our Framers did, and we'll see the end of judges hostile to the states, and stop writing laws that are within state prerogatives.

The Constitution gave us a peaceful means to correct our mistakes. The 17th must go.

22 posted on 06/21/2013 8:03:54 AM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
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To: Turbo Pig
* local LEOs (most likely a county sheriff and their deputies) *

I'm guessing that a lot of FReepers will become deputies

23 posted on 06/21/2013 8:20:10 AM PDT by PATRIOT1876 (The only crimes that are 100% preventable are crimes committed by illegal aliens)
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To: Jacquerie
The Constitution gave us a peaceful means to correct our mistakes. The 17th must go.

Amen. The problem is that the very people that would over see the process are the ones that DON'T want to cede the power. It may seem a bit over used at this point; JFK's famous statement, ""Those who make peaceful revolution impossible will make violent revolution inevitable" seems to be coming to fruition right here in our front yard.

24 posted on 06/21/2013 8:21:50 AM PDT by Turbo Pig (...to close with and destroy the enemy...)
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To: Turbo Pig
I agree with your take on this.

It's a ‘fine line’ to walk no doubt...it can backfire if the people think taking to the streets with blazing flames etc. like we see in other countries. Then it WILL give them an excuse to set martial law etc. and more...and they are likely salivating for just that. In fact if states do push back hard...I wouldn't put it past the powers that be to incite just that.... Never thought I'd see such conflict with my Gov. as seems to be mounting today. ....I'm afraid we will look like Brazil and then they'll crack down.

25 posted on 06/21/2013 8:33:10 AM PDT by caww
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To: kimtom

Just enforcing “...shall not be infringed.”

No federal gun law is constitutional.


26 posted on 06/21/2013 8:43:22 AM PDT by CodeToad (Liberals are bloodsucking ticks. We need to light the matchstick to burn them off. -786 +969)
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To: Turbo Pig
"Those who make peaceful revolution impossible will make violent revolution inevitable."

I hadn't heard of that one. Very good.

27 posted on 06/21/2013 8:48:14 AM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
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To: kimtom; All

Everyone be sure to FReep the poll on the right hand side of the page!!!


28 posted on 06/21/2013 8:51:20 AM PDT by MeganC (A gun is like a parachute. If you need one, and don't have one, you'll never need one again.)
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To: kimtom

I’d like to see a state tell the Feds to Pound sand regarding requirements for ethanol in gas at any level.

Futhermore the states through which the Keystone pipeline agree on a route, they should tell the Feds to pound sand and build it anyway since there is no constitutional authority to stop it.

The commerce clause does not allow for the prevention of commerce, but only that trade between states be equitable. If adjoining states agree, then where is the commerce clause implicated.


29 posted on 06/21/2013 8:53:25 AM PDT by SeaHawkFan
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To: Jacquerie

Its definitely time for states to start ignoring Federal judges. The Constitution is very clear, only the SCOTUS has jurisdiction over a sovereign state.


30 posted on 06/21/2013 9:17:07 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: kimtom

Federal agents take an oath to the Constitution. Federal agents that violates the Constitution aren’t “doing their jobs”.

The proper thing for a Federal agent to do in the face of an illegal order is to refuse that order, citing their oath, and defend themselves against the inevitable insubordination charges.


31 posted on 06/21/2013 9:24:46 AM PDT by tanknetter
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To: Georgia Girl 2

Agree.


32 posted on 06/21/2013 12:00:26 PM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
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To: kimtom

I’m late to this thread, but here is another example of our out-of-control President who has the delusion that he is a king. He needs to have states stand up to him and just say NO!!!


http://www.freerepublic.com/focus/f-news/3034444/posts

Posted on Saturday, June 22, 2013 5:29:22 PM by Mortrey

President Obama will announce Tuesday in a speech at Georgetown University that he plans to regulate greenhouse-gas emissions from existing power plants...

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


33 posted on 06/22/2013 4:26:06 PM PDT by boxlunch (Psalm 2)
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To: no-to-illegals

“If the druggies can have their legalized marijuana ... why can’t I a law-abiding legal born citizen of this nation have a legal machine-gun without having to jump through all of the legalization hoops?”

Read the SCOTUS verdict in _Raich_, and how it was used to dismiss _Stewart_.

The Feds haven’t made their move on Colorado et al yet. They will, nd it will get ugly.


34 posted on 06/22/2013 4:35:25 PM PDT by ctdonath2 (Making good people helpless doesn't make bad people harmless.)
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