Discussion in 'Politics' started by ihopehefails, Jan 9, 2010.
I know a lot of liberals hated that but is it possible to nullify that in their own state?
I'd like to see Nullification used for a host of national government edicts.
There are some tests ahead for the concept of state law overriding federal law within that state.
A few examples are montana and their law that says a firearm that is made and sold in montana and stays in montana is not required to conform to federal laws.
Another is the state I live in. Last summer the az state assembly passed a law that will put a reforendum on the upcoming state ballat that says the federal government can't require az state residents to pay for or to participate in federally mandated healthcare.
There are several more challenges such as this and the courts will be busy deciding them in the near future. It should be interesting.
The state legislatures could pass laws making it illegal for the Patriot Act to be enforced within their borders on the basis that it's unconstitutional.
I should have mentioned in both examples that I gave that these states amended or are attempting to amend, their state constitutions. They are not really laws.
What you are referring to is interposition which is more powerful than nullification because nullification, as far I personally believe, should only be applied to unconstitutional laws but interposition can apply to any law whether it is constitutional or not.
I personally like it more than nullification because its a more forceful way to repudiate the federal government because you can actually arrest federal agents for their efforts to enforce a law the state does not like.
Its a nasty way to fight but its legal so what is anyone going to do stop the state other than invade....
I've never heard it called interposition, simply nullification.
NO, its a federal law the the supremacy clause makes supreme the Constitution, Federal laws and treaties over State law!
anyone else notice she knows nothing about the law but keeps posting the same ignorant trash?
Interposition, as I understand it, is the actually legal arrest of anyone trying to enforce federal law.
Separate names with a comma.