Is it a valid recourse for the States to nullify unconstitutional Federal actions?

by igillum Posted 2011/07/16 20:47:55

Related Topics: John, Documentary, Movie, Free, Stewart, Trailer, Ticket, Bush, Freedom, Kevin, X, Rhode

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	No - the Federal government has supreme authority over the States	3 votes	23%
	Yes - The Fed is not our boss.	7 votes	54%
	Undecided	1 vote	8%
	Other	2 votes	15%

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Nullification: Your Ticket to Freedom Trailer #1

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jackolantyrn356 2011/07/17 03:58:09

No - the Federal government has supreme authority over the States

+1
Better we charge eah individual Perp . Hanging is out of fashinf . BUT.....

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iamthemob ~ the 444th Guru ~ 2011/07/16 22:52:46

Undecided

+1
It really depends on what you mean by nullify.

Where the Supreme Court has not spoken on the issue, or spoken on it in a while, states should test the merits of legislation they believe is unconstitutional.

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igillum to iamthem... 2011/07/17 05:25:35

But some states are asserting their own authority to block unconstitutional acts, recognizing that federal courts don’t stand as the sole arbiter of constitutionality.

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iamthem... to igillum 2011/07/17 06:12:24

But the case will generally go to federal court at some point, at least the Supreme Court. If the issue is serious enough, cert will be granted, and the constitutionality will be affirmed, reaffirmed, or rejected.

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igillum to iamthem... 2011/07/17 14:33:10

Unfortunately, it is hard to get a Federal Court to take action contrary to a law or regulation originated by the Fed. So the States have to trump this process utilizing their tenth amendment rights.

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iamthem... to igillum 2011/07/17 17:09:55

I think you're reversing what I'm saying: I agree with the above...my argument is that if the states do this, if the issue is actually one that needs to be settled, then the Federal courts will get involved.

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igillum to iamthem... 2011/07/17 20:29:06

No, your right, they will get involved. I'm just saying that the Federal courts involvement is a problem.

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iamthem... to igillum 2011/07/17 20:34:15

How so?

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igillum to iamthem... 2011/07/17 21:04:23

"The federal government with aid and assistance from the federal courts has for decades used crowbars and blasting caps to pry open the Commerce Clause of the Constitution of the United States. The Commerce Clause can be found in Article 1, Section 8, and is one of the enumerated powers of the federal government."

http://www.campaignforliberty...

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iamthem... to igillum 2011/07/17 21:08:41

The Commerce Clause expansion has not come from the courts - Congress and the POTUS created legislation which the courts deemed constitutional.

So that's not a problem with the federal courts - they may be wrong, and the expansion HAS created unnecessary fed regulation, BUT that action all resides initially with the federal government.

The Supreme Court interprets the Constitution with final authority. There's no way around that.

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templer003 2011/07/16 22:44:52

Yes - The Fed is not our boss.

+1
If it is NOT in the Constitution then it is the states right to do so, or the PEOPLES right.
Got a question on what a section of the Constitution means ?? then go to the people who wrote it,

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Mark P. 2011/07/16 22:22:37

Other

+1
The power given to the fed was by the states, so they should also be able to take some of that power back.

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say what? 2011/07/16 21:32:03

Other

+2
Apathy,silence and inaction are permissions for tyrants to do as they please.Of course if it is unconstitutional it is a valid recourse for courts,states,counties,cities and individuals to nullify such actions.The federal government and state governments serve only at the will of the people,the true government of this country.

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gogleer 2011/07/16 21:28:14

Yes - The Fed is not our boss.

+2
My understanding is that the Federal Govt. was created to protect our nation and borders as well as regulate interstate commerce , that is it . The states are responsible for their own laws and regulations . Over the years they have acquired more and more power over the states whether through laws or state funding which is how they control state decisions . With the likes of o-blunder the fed now thinks it is almighty so it might be time to put them in their place .

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ὤTṻnde΄ӂ 2011/07/16 21:19:43

No - the Federal government has supreme authority over the States

+1
Only if you defy the Constitution of the United States.

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SharonJohnson 2011/07/16 21:16:01

Yes - The Fed is not our boss.

+2
http://www.statebrief.com/bri...

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I. Car Rus 2011/07/16 21:05:15

No - the Federal government has supreme authority over the States

+2
NO, they cannot. The Civil War settled that once. However, there are still many aspects of government which are "the remainder" of those powers not granted to the national government. If States would refuse fed money they there are many areas in which they could once again assert their authority.

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igillum to I. Car Rus 2011/07/17 02:35:03

+1
http://www.campaignforliberty...

Federal laws are only supreme if they are "made in pursuance thereof" the Constitution. In plain English, the law must fall within the confines of the Constitution to be supreme. Put another way, as Tom Woods asks in response to another anti-nullification article by Paul Zummo, "does the Supremacy Clause say, 'This Constitution and laws of the United States which shall be made in pursuance thereof, along with any old laws we may choose to impose on you, shall be the supreme law of the land?' That's not what my copy has."

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