Is nullification legal end enforcable?

Discussion in 'Politics' started by zzzz, Feb 28, 2011.

  1. zzzz
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    zzzz Just a regular American

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    U.S. health care law not immune to nullification - USATODAY.com

    The attempt to stop the health care act continues on many fronts. Idaho is the first one to actually pass a nulification, the repubs own a 27-8 edge in the Senate and the Republican Gov. Butch Otter has said he will sign it so it looks like Idaho is leading the way. Nullification is an interesting concept and is based on the Tenth Ammendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

    Thomas Jefferson's Kentucky Resolutions of 1798


    However the Federal Courts have held that the Supremacy clause (article VI, paragraph 2"This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.") has given the Federal government total authority (see Ableman v. Booth, 62 U.S. 506, 1859 and Cooper v. Aaron, 358 U.S. 1, 1958) and the states have no power to nulllify a federal law. The only ones with the power to nullify is the Federal judiciary or through Federal legislative action.

    If acts by Congress are unconstitutional should the states have the right to decide to comply. History has proven that Congress is not above passing unconstitutional acts and laws. But if states have the power to comply at will with laws they deem to be unconstitutional what does that do to interstate commerce and travel. Marijuana laws are being passed in states, yet the Feds still come in and prosecute. Any thoughts here?
     

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