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The legal fiction that states can nullify US law persist in Texas
Austin American Statesman ^ | 2.6.2010 | Sanford Levinson

Posted on 02/07/2010 6:15:41 AM PST by wolfcreek

An unexpected feature of this year's gubernatorial race is the revival of certain political notions identified with early American history. Republican candidate Debra Medina in particular has made nullification a major aspect of her campaign, both in her two debates with U.S. Sen. Kay Bailey Hutchison and Gov. Rick Perry and on her Web site, which includes, under the label "Restore Sovereignty," the message that the U.S. Constitution "divides power between the federal and state governments and ultimately reserves final authority for the people themselves. Texas must stop the over reaching federal government and nullify federal mandates in agriculture, energy, education, healthcare, industry, and any other areas D.C. is not granted authority by the Constitution."

She does not specify the mechanism by which nullification would take place, but, obviously, she appears to believe that the legal authority to nullify is unquestionable, making it only a question of political will.

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


TOPICS: Activism/Chapters; Breaking News; Constitution/Conservatism; Government; US: South Carolina; US: Texas
KEYWORDS: 10thamendment; constitution; liberalidiots; media; mediabias; medina; neoconfederate; notbreakingnews; nullification; paulbots; secession; sovereignty; statesrights; teapartyrebellion; tenthamendment; texas
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To: mad_as_he$$
The union was a contract or, more specifically, a compact which the federal government has violated. I refer you to Senator Poindexter's arguments of 1833.
Gales and Seaton Register of Debates, Senate, 22nd Congress, 2nd Session
141 posted on 02/07/2010 8:59:49 AM PST by Solitar ("My aim is not to pass laws, but to repeal them." -- Barry Goldwater)
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To: tbw2
“Trans Texas Corridor with foreign ownership”

Better reread that story.

It was a *lease* to a foreign entity (a friendly one) and they were to operate/maintain said toll roads after giving the state of Texas several billion dollars.

I was a strong opponent of the TTC for those very reasons along with the taking of private property for those purposes. (still am) And, as far as I know, it's not on the table at this point in time. (thanks to the citizens of Texas)

142 posted on 02/07/2010 8:59:58 AM PST by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: broken_arrow1
Austin is the San Francisco of the south...

...But even slimier. Austin is the kind of place you would find Dan Rather's daughter hanging out.
I guess every state needs a rectum. Austin is Texas' rectum.

143 posted on 02/07/2010 9:01:29 AM PST by Lancey Howard
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To: wolfcreek

Well all of this coming from the Austin-Amerikan Statesman certainly seems to qualify their position and stance on the issue...

I still like their restaurant ads...Thats about it...


144 posted on 02/07/2010 9:07:12 AM PST by stevie_d_64 (I'm jus sayin')
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To: STONEWALLS

That will guarantee a second Obama term...Even if they (Obama) don’t believe they can win it...


145 posted on 02/07/2010 9:11:06 AM PST by stevie_d_64 (I'm jus sayin')
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To: FlyingEagle

Thanks for posting this. All sayso does eventually fall to the people, as it should. Without it we could say we are free.


146 posted on 02/07/2010 9:11:54 AM PST by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: misterrob

That’s why they have velcro on the BDU’s where you can afix the flag of your choice...


147 posted on 02/07/2010 9:12:40 AM PST by stevie_d_64 (I'm jus sayin')
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To: Travis McGee

Fun little discussion here...

Told you you should have stopped here in Texas...hehehe


148 posted on 02/07/2010 9:15:05 AM PST by stevie_d_64 (I'm jus sayin')
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To: All

The comments following this column are excellent!
I advise everybody to check them out.


149 posted on 02/07/2010 9:15:54 AM PST by Lancey Howard
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To: mad_as_he$$

Texas Constitution

“Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.”

Family, God, Texas, USA. (in that order)


150 posted on 02/07/2010 9:23:35 AM PST by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: stevie_d_64

I thought it was *fairly* well balanced for the AAS. Otherwise, I might of ignored it.


151 posted on 02/07/2010 9:25:13 AM PST by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: wolfcreek

Wolf, good thing I’m caught up on my chores. Your thread has kept me busy for a couple of hours now. Very informative and interesting read. Thanks for the ping.


152 posted on 02/07/2010 9:53:25 AM PST by davetex (Arm up, Ammo up, Practice up, We're on our own.)
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To: davetex

Not a problem. This in one way to keep pressure on the Feds.

The PEOPLE shall have the last word.


153 posted on 02/07/2010 9:59:47 AM PST by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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To: wolfcreek
Oliver Temple, a Southern politician of the time who knew many of the political participants of the time, had the best explanation for the secessions:

"The most powerful (motivation for secession), as it always has been, in revolutionary movements, was personal ambition. There was something peculiarly fascinating to bold, ambitious men in the thought of forming a great slaveholding confederacy, embracing fifteen states over which they would bear sway; with an aristocratic class to support their authority; with cotton, the greatest wealth-producing staple the world has ever known, as the basis of unparalleled prosperity, and with an obedient, servile race to perform all labor, and minister to the comfort and wants of this superior class as long as governments should last. Of course this motive was concealed...

There was nothing honorable or noble in the power lust of the Southern secessionists. Thankfully for our nation we had a man the quality of Abraham Lincoln available to lead in thwarting the power grab. Always distrust those who would exploit and agitate dissatisfaction. When the poor rebel soldier and his family needed help from their "betters" who led led them into rebellion, the big shots were rarely around except to squeeze the last dime out of the widows and orphans.

154 posted on 02/07/2010 10:16:44 AM PST by Colonel Kangaroo
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To: bayliving

Sounds as plausible as anything else I’ve seen.


155 posted on 02/07/2010 10:22:58 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: BobL
No, we cannot secede. The Supreme Court ruled on it and said it was unconstitutional. Someone on this site stated the above...I still laugh at that to this day.

Yeah, I know - what is even funnier is that the SC made that ruling AFTER the Civil War, as if the confederacy was expected to abide by a ruling that didn't even exist at the time.

156 posted on 02/07/2010 10:23:29 AM PST by Hacksaw (Trees aren't our "friends")
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To: Non-Sequitur
If memory serves the idea that a state could nullify a federal law died in 1832.

Your memory is wrong then, as per par. Just a recent example is California trying to nullify federal laws on pot. The idea is quite alive.

Come to think of it, aren't you one of the guys who said that secession was illegal because of a ruling made AFTER the Civil War? Or was it Wlat? It doesn't matter, it's just pretty funny.

157 posted on 02/07/2010 10:32:43 AM PST by Hacksaw (Trees aren't our "friends")
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To: Colonel Kangaroo
There was nothing honorable or noble in the power lust of the Southern secessionists.

Maybe they could have done something more honorable - like helping Sheridan, Sherman and Custer slaughter the American Indians, which they went on to do after the Civil War.

158 posted on 02/07/2010 10:37:15 AM PST by Hacksaw (Trees aren't our "friends")
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To: Non-Sequitur

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;”
That “Pursuance thereof” thingy is the kicker, wouldn’t you say?


159 posted on 02/07/2010 10:40:28 AM PST by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Colonel Kangaroo
I repeat, Money and Power.

“History reveals that the Rothschilds were heavily involved in financing both sides in the Civil War. Lincoln put a damper on their activities when, in 1862 and 1863, he refused to pay the exorbitant rates of interest demanded by the Rothschilds and issued constitutionally-authorized, interest free United States notes. For this and other acts of patriotism Lincoln was shot down in cold-blood by John Wilkes Booth on April 14, 1865, just five days after Lee surrendered to Grant at Appomattox Court House, Virginia.”

http://www.biblebelievers.org.au/slavery.htm

History is repeating itself as it did during the Civil war. The international financial oligachry are once again attempting to divide and destroy this country.

160 posted on 02/07/2010 10:42:55 AM PST by wolfcreek (http://www.youtube.com/watch?v=Lsd7DGqVSIc)
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