Another way to Nullify federal law.

Discussion in 'Law and Justice System' started by ihopehefails, Mar 23, 2010.

  1. ihopehefails
    Offline

    ihopehefails BANNED

    Joined:
    Oct 3, 2009
    Messages:
    3,384
    Thanks Received:
    228
    Trophy Points:
    0
    Ratings:
    +228
    Here is an interesting way to nullify a federal law. The constitution says that all prosecutions of us citizens is to be done by a jury and in the state where the crime took place. There can be a state law that says that any citizen that finds another citizen guilty of what the state is trying to nullify then that person must do as much time in jail as the person they helped to prosecute. If they send someone to jail for ten years then they do ten years in state prison. This forces the jury to declare someone not guilty for that federal prosectution which will then nullify that federal law in that state.
     
  2. George Costanza
    Offline

    George Costanza A Friendly Liberal

    Joined:
    Mar 10, 2009
    Messages:
    5,179
    Thanks Received:
    1,087
    Trophy Points:
    155
    Location:
    Los Angeles area.
    Ratings:
    +1,187
    Oh boy . . . .

    Can you give an example of what you are talking about here?
     
    • Thank You! Thank You! x 1
  3. SpidermanTuba
    Offline

    SpidermanTuba BANNED

    Joined:
    May 7, 2004
    Messages:
    6,101
    Thanks Received:
    258
    Trophy Points:
    0
    Location:
    New Orleans, Louisiana
    Ratings:
    +258

    Such a law would immediately be found unconstitutional the minute it was appealed to a federal court. The state has no Constitutional authority to obstruct justice in a federal court.
     
    Last edited: Mar 24, 2010
  4. George Costanza
    Offline

    George Costanza A Friendly Liberal

    Joined:
    Mar 10, 2009
    Messages:
    5,179
    Thanks Received:
    1,087
    Trophy Points:
    155
    Location:
    Los Angeles area.
    Ratings:
    +1,187
    Your premise (as I am trying to understand it) is: Since the United States Constitution provides that all prosecutions under federal law must be done by a jury and in the state where the crime took place, a state could effectively nullify a federal law, by passing a state statute which provided that any person who sits on a jury that finds a person guilty of the federal statute the state wanted to nullify, would be subject to the same prison term as the person they found guilty.

    As correctly mentioned, above - the Supremecy Clause would prevent anything like this from ever happening.

    I would like to say nice try here but, somehow, I can't . . . .
     
  5. ihopehefails
    Offline

    ihopehefails BANNED

    Joined:
    Oct 3, 2009
    Messages:
    3,384
    Thanks Received:
    228
    Trophy Points:
    0
    Ratings:
    +228
    I can't find anywhere in the constitution that says all federal laws are the supreme law of the land. Perhaps you can find some text that says all laws made in pursuence of the federal government are supreme? I will compare that to all laws made in pursueance of the constitution to see which one actually exist within the document itself.

    I suppose the federal government can simply pass a law declaring that illegal but there are not restrictions found in the constitution that a state government can't pass that law. That kind of law would be illegal and unconstitutional.
     
  6. ihopehefails
    Offline

    ihopehefails BANNED

    Joined:
    Oct 3, 2009
    Messages:
    3,384
    Thanks Received:
    228
    Trophy Points:
    0
    Ratings:
    +228
    Why?
     
  7. Abelian Sea
    Offline

    Abelian Sea o_O

    Joined:
    Sep 28, 2007
    Messages:
    659
    Thanks Received:
    177
    Trophy Points:
    28
    Location:
    Louisiana
    Ratings:
    +177
    What was the first way?
     
  8. George Costanza
    Offline

    George Costanza A Friendly Liberal

    Joined:
    Mar 10, 2009
    Messages:
    5,179
    Thanks Received:
    1,087
    Trophy Points:
    155
    Location:
    Los Angeles area.
    Ratings:
    +1,187
    The Supremacy Clause is a clause in the United States Constitution, Article VI, Clause 2. The clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land." The text establishes these as the highest form of law in the American legal system, mandating that state judges uphold them, even if state laws or constitutions conflict. (from Wiki)
     
  9. SpidermanTuba
    Offline

    SpidermanTuba BANNED

    Joined:
    May 7, 2004
    Messages:
    6,101
    Thanks Received:
    258
    Trophy Points:
    0
    Location:
    New Orleans, Louisiana
    Ratings:
    +258

    Seriously? Because intimidation of a federal juror is a federal crime and federal law trumps state.
     
  10. SpidermanTuba
    Offline

    SpidermanTuba BANNED

    Joined:
    May 7, 2004
    Messages:
    6,101
    Thanks Received:
    258
    Trophy Points:
    0
    Location:
    New Orleans, Louisiana
    Ratings:
    +258
    They already have. Its a federal crime to influence juries. Any state official enforcing any such state law would be liable to the penalties outlined in the following law (10 years in prison)

    US CODE: Title 18,1503. Influencing or injuring officer or juror generally
     

Share This Page