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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
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"...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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