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Ending Executive Amnesty: The State's Nullification Option
National Review ^ | 12/272014 | Josh Gelernter

Posted on 12/27/2014 10:31:14 AM PST by SeekAndFind

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To: SeekAndFind

Session = Ultimate State’s Nullification Option


21 posted on 12/27/2014 1:56:59 PM PST by central_va (I won't be reconstructed and I do not give a damn.)
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To: freeangel

The armed forces and the less than 20% who love the bozo
will not comply.


22 posted on 12/27/2014 1:58:17 PM PST by tiger63
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To: SeekAndFind
Write your governor; call your attorney general.

My governor can't read anything that doesn't use word bubbles and my attorney general is a Communist. But that won't stop me from trying.

23 posted on 12/27/2014 2:05:59 PM PST by Colonel_Flagg ("Compromise" means you've already decided you lost.)
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To: SeekAndFind

Every day more people are coming to the judgment that a carefully organized effort to repair the constitution via the States’ power to propose and ratify amendments poses less risk to our liberty and prosperity than the present trajectory of the federal government and especially the federal bureaucracy whose self-published rules carry the weight of law.

The first order of business of an Article V Convention must be to limit government’s ability to create and spend near-infinite amounts of money.


24 posted on 12/27/2014 2:13:02 PM PST by theBuckwheat
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To: Publius

“Existing legal precedents would argue against nullification unless the Constitution were amended to permit it. That is one of the things I’d like to see come out of an Amendments Convention.”

Yes, maybe with a low super-majority. Liberals have given themselves de facto nullification of selected federal law as they are proud of their “sanctuary cities” and medical pot laws. If a liberal city can nullify immigration law, my city can nullify the federal National Firearms Act.

Opps, given how many liberal minds would explode over that suggestion, maybe the suggestion alone would be considered an act of terrorism.


25 posted on 12/27/2014 2:18:41 PM PST by theBuckwheat
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To: Da Bilge Troll

>>What state is willing to enforce a nullification order against, say, the 1st Infantry Division?<<

And that is PRECISELY why we will all wear chains and bend knees before the Great Half Breed. Holder was right - we ARE a nation of cowards.


26 posted on 12/27/2014 2:30:44 PM PST by NTHockey (Rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: LucyT; Liz

Do we have any legal beagles who have the scholarly tenacity to get it off the ground. The products of our law schools seem to become progressively more liberal each year


27 posted on 12/27/2014 2:33:03 PM PST by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: Rusty0604

The federal government’s involvement in education is unconstitutional. The federal government’s involvement in healthcare is unconstitutional. In fact, the federal government’s involvement in most things it does is unconstitutional. And that’s the way it is here in the good ole USA at the end of 2014.


28 posted on 12/27/2014 2:38:46 PM PST by lakecumberlandvet (Appeasement never works.)
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To: Bobalu
This action along with certain red states ending the winner-take-all electoral vote contests would make it tough for dems in national elections

If it is a red state, meaning republicans winning all the electoral votes, how can it be a positive to get rid of winner-take-all status which will only act to give the democrats a share of the EV's? That makes no sense to me.

29 posted on 12/27/2014 3:42:30 PM PST by Go Gordon (Barack McGreevey Obama)
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To: Go Gordon; tanknetter

Tank is of the same mind, force all the illegals to blue states and let the rats Cloward-Piven THEMSELVES to death.


30 posted on 12/27/2014 3:52:30 PM PST by txhurl (No more taglines)
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To: Go Gordon

Some people have seen the post 2014 election map and assume that those states painted red with little blue urban dots are red states. Of course, the map colors are based on Congressional Districts, all of which are drawn to be almost the same size in population, not square mileage. Republican dominate all rural areas except Indian Reservations and that strange swatch of iron country in Minnesota.


31 posted on 12/27/2014 3:56:38 PM PST by centurion316
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To: Liz

Indeed. WE must hold their feet to the fire. I am all in for Article V action


32 posted on 12/27/2014 4:44:51 PM PST by Nifster
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To: Go Gordon

There are states that would go repub but for the fraud in the large cities.

They generate just enough votes to win all the states electoral votes.

Splitting is better than nothing.


33 posted on 12/27/2014 4:46:42 PM PST by Bobalu (Please excuse the crudity of this model. I didn't have time to build it to scale or paint it.)
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To: txhurl
Tank is of the same mind, force all the illegals to blue states and let the rats Cloward-Piven THEMSELVES to death.

A good case study in that is how, when Prince William County VA took it upon themselves to start enforcing immigration law, and start enforcing laws against illegal immigrants, the "problem" shifted up to Fairfax County.

IIRC Fairfax County Government has never come clean on how much $$$ the illegal immigrants that live in it are costing the taxpayers. Particularly with the schools. Things like ESOL, subsidized lunches, etc. The last I recall, from a few years back, one of the few Republican office holders asked for the numbers and was flat out told "NO."

Which serves to reveal the larger problem: we can't even have a discussion on the matter because there's no transparency and facts (like true fiscal impacts) are suppressed. Fairfax County VA is one of the richest municipalities in the country, so for now they're absorbing whatever the costs are. Other municipalities aren't so affluent and fortunate.
34 posted on 12/27/2014 6:55:57 PM PST by tanknetter
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To: Liz; sickoflibs; hal ogen; markomalley
ACTION NOW: Write your governor; call your state attorney general.

I could write my new governor, Larry Hogan. Writing my current governor would be a waste of time.

35 posted on 12/27/2014 7:04:59 PM PST by Tolerance Sucks Rocks (The mods stole my tagline.)
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To: Go Gordon
If it is a red state, meaning republicans winning all the electoral votes, how can it be a positive to get rid of winner-take-all status which will only act to give the democrats a share of the EV's? That makes no sense to me.

I think the caveat is "certain" Red states. There are states that are very much red when it comes to local and state elections and even Congressional ones. But thanks to high-density Blue areas end up going Blue in Presidential elections.

So those states revise how they divvy out Presidential Electors based on either Congressional District, or by % of popular vote within the state. However states that always go Red in Presidential elections keep their winner-take-all structure.

From a practical perspective, it probably works as a threat to apply leverage against the national Dems to move back towards the center.
36 posted on 12/27/2014 7:16:55 PM PST by tanknetter
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To: offwhite
So if a Southern state determined that the Civil Rights Act exceeded federal authority, it could continue to discriminate.

You need a copy of "Reading Comprehension for Dummies," since it is stated clearly, several times, that nullification would not apply to legitimately adopted laws (passed by Congress according to Constitutional Rules.)

It would apply to "pretend laws," aka 'Executive Orders.'

I have always found that excitable immature types, are quick to read and slow to think, and put mouth (or keyboard) in gear before engaging the brain. An they always preface their profound thoughts with the non-cerebral "SO..."

37 posted on 12/27/2014 7:50:27 PM PST by publius911 (Formerly Publius6961)
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To: publius911

Within the latter day Free Republic, it is considered bad form to actually read the article, the comments, or anything else of value before posting the definitive pronouncement on the subject. You have mistaken this for a discussion forum, those days were long ago.


38 posted on 12/27/2014 8:15:38 PM PST by centurion316
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To: tanknetter

bttt


39 posted on 12/27/2014 8:29:37 PM PST by txhurl (No more taglines)
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To: publius911
The poster stated, "If a state determines that a law exceeds the terms of the compact to which it agreed it has the right to nullify that law within its own borders."

A "law". A legitimately adopted law passed by Congress according to Constitutional Rules. Not an executive order.

I wasn't referring to executive orders. Nowhere did I mention executive orders. Why did you bring up executive orders?

Perhaps YOU should order a copy of that book.

40 posted on 12/27/2014 8:49:22 PM PST by offwhite
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