Is it possible to use State Nullification for the patriot act.

[GHook93]

I believe it says that the constitution and all laws pursuant to it are the supreme law of the land. Unconstitutional laws are not the supreme law of the land.

True, but you ask can a State law nullify the patriot act. The constitution can, but not a state law.

That is correct. Its the constitution that does that not state laws.

The patriot runs a fine line with the 4th amendment, but it you look at many 4th amendment cases they go onto intrusiveness. For example, thermal imagers have been held unconstitution without a warrant, but dog searches have not. They are about intrusiveness.

 

[Kevin_Kennedy]

Interposition, as I understand it, is the actually legal arrest of anyone trying to enforce federal law.

If a law gets nullified in a state, and somebody tries to enforce the nullified law, would that not be illegal and worthy of arrest? What was the purpose of nullifying the law if the nullification can simply be ignored?

Yes but it is possible to interpose on something that is already legal such as income tax collection. A state, under its own authority, can arrest IRS agents for the crime of tax collecting.

The Constitution gives authority for the federal government to collect income taxes. The states really wouldn't have a leg to stand on if they wanted to nullify the federal income tax.

But we're arguing semantics here. What you call interposition I say is an integral part of the nullification process, so I simply refer to it as nullification.

 

[lawbuff]

The patriot runs a fine line with the 4th amendment, but it you look at many 4th amendment cases they go onto intrusiveness. For example, thermal imagers have been held unconstitution without a warrant, but dog searches have not. They are about intrusiveness.

On the dog search aspect, the reasoning behind that is that a person has NO expectation of privacy in the AIR that surrounds them. Just as a person has NO expectation of privacy in a publically displayed license plate, therefore the police can run one without cause as the courts have ruled such is NOT a search under the 4th AM.

 

[ihopehefails]

If a law gets nullified in a state, and somebody tries to enforce the nullified law, would that not be illegal and worthy of arrest? What was the purpose of nullifying the law if the nullification can simply be ignored?

Yes but it is possible to interpose on something that is already legal such as income tax collection. A state, under its own authority, can arrest IRS agents for the crime of tax collecting.

The Constitution gives authority for the federal government to collect income taxes. The states really wouldn't have a leg to stand on if they wanted to nullify the federal income tax.

But we're arguing semantics here. What you call interposition I say is an integral part of the nullification process, so I simply refer to it as nullification.

They can still arrest IRS agents if there was a state law in place arresting all federal tax collectors. The federal court have no power over state laws unless it intersects with one of the prohibitions on the states.

 

[JWBooth]

I dunno about arresting the tax collector. And I wonder what would happen to the finances of the state legislator that proposed such a law.

Now, if you wanted to have some real fun....

Make it illegal for local/state law enforcement to provide assistance and information to federal officers.