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Faceoff! States tell feds to back down
World Net Daily ^ | 01-24-11 | Bob Unruh

Posted on 01/24/2011 11:08:57 AM PST by RepublicnotaDemocracy

What if Washington made a law and nobody paid attention? Or even more significantly, what if states specifically repudiated it and threatened to prosecute those enforcing it?

The questions no longer are rhetorical but a real option as eight states consider a blanket nullification of the Obamacare nationalization of health-care decision-making advances in their legislatures.

"Thomas Jefferson advised, 'Whensoever the general government assumes undelegated powers ... a nullification of the act is the rightful remedy,'" states the Tenth Amendment Center, which advocates a return to the constitutionally delegated powers for the federal government.

"When states pass laws to reject and nullify unconstitutional federal 'laws,' regulations and mandates – it's not rebellion ... it's duty," the organization states.

States already have been moving forward aggressively on several issues, with eight approving firearms freedom acts that reject some federal gun laws, 15 actively defying Washington on cannabis laws and seven passing acts that reject health-care mandates.

Now, however, they are moving a step beyond, according to center founder Michael Boldin.

He told WND today that seven states have introduced acts to nullify the federal health-care reform – including New Hampshire, Maine, Montana, Oregon, Nebraska, Texas and Wyoming. A similar proposal is expected to be filed in Idaho within a matter of days.

It's another, and very important, field on which states can battle federal demands of their citizens, he said.

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


TOPICS: News/Current Events
KEYWORDS: 10thamendment; braking; climatechange; globalwarminghoax; nullification; obamacare; statesrights
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To: ICCtheWay; All

“If large cities and states can refuse to enforce Federal Immigration laws - totally refuse to turn over suspected illegal aliens, then a state can refuse to abide by or enforce any Federal law.”

However, this is going a step beyond. Using your example above...what if a state was to arrest and try agents of the federal government that attempted to enforce the federal law? That, I think, is the point here. Not just that states won’t play along, but they will expel or prosecute anyone who attempts to do so on their territory.

I’m for a strong union. However, there have been occasions when I believe the federal government has assumed authority it didn’t rightfully have...usually it is some judge. I have always wanted to see some liberal judge making and absurd ruling against a state to be arrested by the state and excorted to the state line and told, “Don’t come back.” Realistically, I, of course, don’t actaully want this to happen because it could cut both ways and would cause anarchy. But, there is part of me that would like to see it happen.


41 posted on 01/24/2011 1:06:15 PM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: Christian Engineer Mass
Is the WND take on it also Breaking News?

If it's WND, it's breaking wind. If it's Bob Unruh writing for WND, it's got chunks in it.

42 posted on 01/24/2011 1:08:15 PM PST by r9etb
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To: Ernest_at_the_Beach; FrPR; enough_idiocy; meyer; Normandy; Whenifhow; TenthAmendmentChampion; ...
Thanx Ernest_at_the_Beach !

 


Beam me to Planet Gore !

43 posted on 01/24/2011 1:12:28 PM PST by steelyourfaith (ObamaCare Death Panels: a Final Solution to the looming Social Security crisis ?)
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To: SeeSharp

I talked with one of my representatives about the firearms thing (states declaring that firearms manufactured and sold within the state are not subject to federal regulations). I asked her that if the state was willing to come to the legal aid of a citizen who manufactured and sold a firearm within the state and was subsequently arrested by the feds. She could not answer.


44 posted on 01/24/2011 1:20:17 PM PST by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: Ernest_at_the_Beach
...Boldin told WND that the idea that states would reject a Washington demand is not radical, it's reasonable. He said what's radical is "the idea that the federal government can be the final arbiter of the extent of its own powers."...

...He (Boldin) cited President Andrew Jackson's opinion of the Supreme Court and its power: "'The Supreme Court has their opinion. Now let them come and enforce it."...

Smiling.

45 posted on 01/24/2011 1:22:03 PM PST by Miss_Meyet (A zebra does not change its spots~Al "Nature Watch" Gore)
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To: Christian Engineer Mass
2006! When did you start feeling like you could call ppl noob? Last year?

Generally, somebody who has been a member for more than a couple of years would feel entitled to call someone who has been a member for 3 months a "noob". That said, unless a post seems particularly trollish or insulting of a long-time and well-established FReeper, it seems somewhat lacking in substance to question someone just based on the sign-on date.

46 posted on 01/24/2011 1:24:37 PM PST by VRWCmember (Veritas vos Liberabit)
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To: Sola Veritas

Sooner or later resistance to the obama regime with result in a big blow up - politically - all kinds of hand wringing nationwide... lots of noise across the land... A test case will result whether it is in a court of law or in the streets.

As for me - I have been campaigning for years for a Velvet Revolution... we arouse 3-4 million people to protest peacefully in another GIANT gathering on a Sunday in D.C. - then we just do not leave... stay there for a week - sit in the streets and basically shut D.C. down - until they capitulate... No police force - no army can move 4 million people who do not want to be moved...


47 posted on 01/24/2011 1:26:47 PM PST by ICCtheWay
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To: VRWCmember; Christian Engineer Mass

Regarding your initial post with the “already posted here” comment, the thread that you linked had to do with states joining the lawsuit against the federal government which is quite a different matter from passing state laws prohibiting enforcement of the federal statute.


48 posted on 01/24/2011 1:28:06 PM PST by VRWCmember (Veritas vos Liberabit)
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To: Marty62
I repeat where would he send the troops?

As I pointed out first they will send in FBI and U.S. Marshals to take over law enforcement. During the desegregation era or prohibition before that the FBI was everywhere. The troops only went in when someone tried to shoot at the FBI or the U.S. Marshals.

I also pointed to Washington and Lincoln in my posts. Washington sent troops to every farm in Pennsylvania to collect the taxes when the state refused to do it. Lincoln flattened half the country rather than surrender Federal authority. During prohibition Harding and Coolidge sent federal agents into any house or restaurant that they thought was a speakeasy. And when the rum runners of the east coast started to shoot at the revenue cutters sent to inspect them they used US Navy destroyers to demonstrate that shooting at feds is a bad idea.

We may end up with some kid of medical Al Capone. Underground doctors who work outside the system for cash. Protected by locals who see no problem in taking a bribe to look the other way while laws they don't agree with are violated. But those bootleg hospitals will be hunted down by the Feds as certainly as the speakeasies were. But even at the worst of prohibition no state tried to use nullification. They might look the other way and ignore the law breakers, but they never went so far as open defiance. That is the difference between nullification and what the sanctuary cities are doing. The sanctuary cities are simply refusing to help, but they have never said they will arrest Federal agents who attempt to enforce the federal laws. That is the line between salutary neglect and outright rebellion.

That is not saying that we don't need a rebellion. As out founding fathers said from time to time they are a necessity. But we should not go into it thinking that it will be a picnic. And the best way to lose a fight is to assume at the beginning that the other guy won't fight back.
49 posted on 01/24/2011 1:28:41 PM PST by GonzoGOP (There are millions of paranoid people in the world and they are all out to get me.)
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To: HKMk23
Didn't the State legal team really put out a limp-wristed effort in that case?

Yes and no. Wilson's people pursued it. Once Gray Davis was elected governor, he refused to pursue it and resisted any attempt to force him to enforce State law.

Or am I confusing that with Prop 8, where the same thing happened?

No, you are correct. A gerrymandered State legislature was disinclined to enforce the clear will of the people.

50 posted on 01/24/2011 1:29:49 PM PST by Carry_Okie (The environment is too complex and too important to manage by central planning.)
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To: ICCtheWay
You’re probably correct... but it does make for precedent in a Federal Court of Law.

Historically the Federal courts have always ruled in favor of steadily increasing Federal power and I can't see them ever willingly reversing the trend. What's more, I don't think the courts use precedent as an objective standard. The stare decisis principle is just a tool to shut down debate once the majority (or an energetic minority) are happy with the status quo.

51 posted on 01/24/2011 1:38:04 PM PST by SeeSharp
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To: Carry_Okie

I’m talking about keeping your fiscal affairs in order (i.e. balanced state budget) so that you’re not as vulnerable to Federal bribery and/or coercion. As for the federal courts forcing states to give state benefits to illegals, there are other ways to deal with that. Every illegal should be given a one-way ticket to Washington, D.C. and told to report to the INS.


52 posted on 01/24/2011 1:40:29 PM PST by littleharbour
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To: littleharbour
I’m talking about keeping your fiscal affairs in order (i.e. balanced state budget) so that you’re not as vulnerable to Federal bribery and/or coercion.

The vast bulk of State costs taking California out of budget solvency are associated with unfunded Federal mandates, and to a degree shared by no other State.

As for the federal courts forcing states to give state benefits to illegals, there are other ways to deal with that. Every illegal should be given a one-way ticket to Washington, D.C. and told to report to the INS.

Stupid hand-wave reply. Write when you have something substantive to say.

53 posted on 01/24/2011 1:56:14 PM PST by Carry_Okie (The environment is too complex and too important to manage by central planning.)
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To: DariusBane
Too bad it’s from WND. Can’t even be sure that any of the institutions mentioned even exist. 10th Amendment what?

Tenth Amendment Center.

54 posted on 01/24/2011 2:31:06 PM PST by upchuck (When excerpting please use the entire 300 words we are allowed. No more one or two sentence posts!)
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To: RJS1950

We have the same selective application of tax laws based on notions of progressivism. The federal income tax was invented by progressives and has been administered by them since 1913.


55 posted on 01/24/2011 2:31:19 PM PST by Wolfstar ("If you would win a man to your cause, first convince him that you are his friend." Abraham Lincoln)
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To: patriot preacher
The Southern states took it too far in trying to secede and form a new country based on a total disregard for civil rights for blacks. Lincoln had the right to declare war.

Eisenhower was right on the issue itself but overstepped his Consitutional authority.

Here, the states have the high moral ground and deserve their sovereignty not be infringed.

56 posted on 01/24/2011 2:32:46 PM PST by TheThinker (Communists: taking over the world one kooky doomsday scenario at a time.)
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To: upchuck

Sorry that was just crass sarcasm on my part.


57 posted on 01/24/2011 2:32:46 PM PST by DariusBane (People are like sheep and have two speeds: grazing and stampede)
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To: RepublicnotaDemocracy

Then why haven’t the states said to hell with the law that insurance companies can’t sell across state lines/


58 posted on 01/24/2011 2:39:47 PM PST by Terry Mross (I voted for McCain and WASTED my vote.)
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To: GonzoGOP

Keep watching Tv and being brainwashed with more tyranny.


59 posted on 01/24/2011 2:42:30 PM PST by Frantzie (Slaves do not have freedom only the illusion of freedom & their cable TV to drool at)
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To: Ernest_at_the_Beach
"let's include the acts by the EPA to enforce CO2 limits on power companies....
I'll second that motion. States can band together and start exercising their States Rights. Jefferson and some of his cohorts knew full well of the tyranny inherent in centralized large government and dictatorships.
60 posted on 01/24/2011 2:48:55 PM PST by Marine_Uncle (Honor must be earned....Duncan Hunter Sr. for POTUS.)
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