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The Slippery Slope of Nullification
Townhall.com ^ | January 19, 2016 | Hank Adler

Posted on 01/19/2016 7:16:18 PM PST by Kaslin

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1 posted on 01/19/2016 7:16:18 PM PST by Kaslin
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To: Kaslin

Nullification is sound and valid when done for correct reasons. Like anything else it could be abused or used for terrible reasons. No different than anything else.

Same with jury nullification. When done against an unjust law, it works. When done to let an obvious murderer go free for rscial payback, that’s where it breaks down.

But just because sometimes assh0les use it incorrectly it doesn’t mean its not valid or it shold go away. If so you’ve just sided with the gun grabbers in their logic.


2 posted on 01/19/2016 7:22:11 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Kaslin

Nullification = I will obey the law if I feel like it. No orderly society can survive on that basis.


3 posted on 01/19/2016 7:28:11 PM PST by NRx (Light travels faster than sound. This is why some people appear bright until you hear them speak.)
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To: Secret Agent Man
Nullification is sound and valid when done for correct reasons.

The problem is you can end up with 50 different interpretations of correct.

4 posted on 01/19/2016 7:28:56 PM PST by semimojo
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To: NRx
Nullification = I will obey the law if I feel like it.

Don't you have to get at least half the state to go along with you?

5 posted on 01/19/2016 7:32:36 PM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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To: semimojo; All

States are the laboratories of freedom. Founding fathers said as much. The fact is all states have their own specific laws, some have lass others don’t. I don’t thik that’s bad. More of our problems today stem from fedgov forced national planning/mandates, than the individual states.


6 posted on 01/19/2016 7:35:27 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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Nullification is useless as the states will instantly cave the second the feds threaten to cut off their precious tax dollars.


7 posted on 01/19/2016 7:35:29 PM PST by dsrtsage (One half of all people have below average IQ. In the US the number is 54%)
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To: Kaslin
Acceptance of nullification by the federal government with respect to states and cities can be seen in the federal government's refusal to direct actions against states and cities that flaunt Federal laws on drugs and/or immigration.

False comparison.

Congress is delegated power over immigration by I.8.4 => 'To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States'

Congress is delegated no such power over intrastate drug laws. That is, unless the author wants to defend the fraudulent New Deal Commerce Clause, which has basically nullified the Tenth Amendment.

So which does the author support - the fraudulent Commerce Clause, or the Tenth Amendment?

8 posted on 01/19/2016 7:40:17 PM PST by Ken H
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To: Kaslin

i’m sorry this country is gone


9 posted on 01/19/2016 7:42:45 PM PST by kvanbrunt2
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To: Secret Agent Man
The fact is all states have their own specific laws, some have lass others don't. I don't thik that's bad.

No argument there, but the founding fathers also thought there was a place for federal laws.

Did they think it would be good for each state to decide what they meant? If so, why bother having them?

10 posted on 01/19/2016 7:44:05 PM PST by semimojo
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To: NRx
Nullification = I will obey the law if I feel like it. No orderly society can survive on that basis.

So you will turn in your gun if fedgov outlaws it?

11 posted on 01/19/2016 7:45:30 PM PST by Ken H
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To: semimojo

Did i say there is not a place for federal laws?

I just pointed out that today federalism is a much bigger problem for the average joe than their states’ laws are.


12 posted on 01/19/2016 7:51:16 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Kaslin
Why cannot our universities practice segregation via ignoring the Federal Housing Act of 1968, discriminate in hiring by requiring specific racial makeup for employment, and/or severely limiting free speech?

Not saying I endorse these particulars--or in any particular direction--but they were considered simple exercises of the right to free association and free speech until about 60 years ago. There's nothing sacred about the subsequent Federal nullification of the rights of the States and the people to exercise these rights.

Nullification is a self-solving problem: You don't want a sub-entity like a state to flip you and your Federal law the bird? Work out an agreement with them using the institution designed for that: the U.S. Congress. Don't try to run around Congress by pretending the President and the Federal courts have authority they don't.

13 posted on 01/19/2016 7:52:02 PM PST by SamuraiScot
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To: semimojo
No argument there, but the founding fathers also thought there was a place for federal laws.

Yes, and they were understood to be few and well-defined in Article I. They were never meant to govern health care, drug policies, education etc.

Those powers were never ceded by the States. They were usurped by fedgov, mostly via the elastic Commerce Clause.

14 posted on 01/19/2016 7:56:47 PM PST by Ken H
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To: Kaslin

Article 5 mofo.... wreck them all


15 posted on 01/19/2016 7:59:11 PM PST by Porterville (Methink'st thou art a general offence and every man should beat thee.)
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To: Secret Agent Man; Ken H
Did i say there is not a place for federal laws?

No, but we were talking about nullification. I still don't see how it works with each state deciding what the federal laws mean.

It may be true that the interpretation of the commerce clause has led to way too many federal laws, but under any interpretation some of them are legit. Did the founders expect them to be ignored by a state just because they didn't agree?

16 posted on 01/19/2016 8:05:31 PM PST by semimojo
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To: semimojo

At least 57, according to the current Resident.


17 posted on 01/19/2016 8:18:31 PM PST by Dalberg-Acton
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To: Kaslin
Marijuana is illegal at the Fed level...not so much at the state level. It begs the question of nullification why not at the sovereign individual level.
18 posted on 01/19/2016 8:36:10 PM PST by stylin19a
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To: Kaslin
. . . cities that flaunt Federal laws . . .

flout not flaunt

Stopped reading right there.

FLAUNT is a good vanity plate for a Lamborghini. Saw it on a Rolls once.

19 posted on 01/19/2016 8:47:27 PM PST by goldbux (CDO / I may have Obsessive Compulsive Disorder, but at least I put the letters in correct sequence.)
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To: Secret Agent Man

Either we are nation of laws or we are not.

The only valid form of nullification I can think of is by a jury. If a jury believes an injustice is being pursued they can so no, we will not convict under these circumstances regardless of the law. But this is lawful - so it is still faithful to the law.


20 posted on 01/19/2016 8:55:39 PM PST by DB
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