Nullification is a check on unconstutional federal laws

Discussion in 'Law and Justice System' started by ihopehefails, Mar 27, 2010.

  1. ihopehefails
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    ihopehefails BANNED

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    The tenth amendment grants the states the ability to nullify federal laws that are unconstitutional if it chooses to but in the absence of an opposing state law that particular federal law is still enforceable simply because the mechanism to enforce it is there. This means that all federal laws are enforceable no matter if they are unconstitutional or not but nullification provides a check against unconstitutional powers. A state law that counters a federal law nullifies that federal law when that federal law is not a law that is in pursuance of the constitution or the constitution itself.

    Think of state and federal min wage laws. In some states state min wage is higher than federal and state law would be supreme in that situation because min wage laws are not one of the constitutionally delegated powers to federal government so state law kills federal law in that situation. However, a state law that attempts to regulate interstate commerce (which is trade between state borders) is inferior to federal law since the federal government has that power.

    This is how nullification works. It does not have the power to nullify constitutional federal laws. It only has the power to nullify unconstitutional laws of the federal government and even then it is the state's choice to do so. The state may like those laws and choose to keep them but in those situations it is the state's choice to keep them.
     
    Last edited: Mar 27, 2010
  2. Samson
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    Samson Póg Mo Thóin Supporting Member

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    Think of state and federal min wage laws. In some states state min wage is higher than federal and state law would be supreme in that situation because min wage laws are not one of the constitutionally delegated powers to federal government so state law kills federal law in that situation. However, a state law that attempts to regulate interstate commerce (which is trade between state borders) is inferior to federal law since the federal government has that power.

    This is how nullification works. It does not have the power to nullify constitutional federal laws. It only has the power to nullify unconstitutional laws of the federal government and even then it is the state's choice to do so. The state may like those laws and choose to keep them but in those situations it is the state's choice to keep them.

    The tenth amendment grants the states the ability to nullify federal laws that are unconstitutional if it chooses to but in the absence of an opposing state law that particular federal law is still enforceable simply because the mechanism to enforce it is there. This means that all federal laws are enforceable no matter if they are unconstitutional or not but nullification provides a check against unconstitutional powers. A state law that counters a federal law nullifies that federal law when that federal law is not a law that is in pursuance of the constitution or the constitution itself.
     
  3. ihopehefails
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    This post needs a re-edit. I'll redo it later.
     
  4. JWBooth
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    JWBooth Gold Member

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    And not used nearly often enough.
     
  5. Old Rocks
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    Old Rocks Diamond Member

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    Good luck, fellows. In the meantime, we will be addressing other problems.
     
  6. SpidermanTuba
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    Sorry but I don't see where it says that in the 10th:
    It says that states have the rights not delegated to Congress, not that states have whatever rights they insist they have.

    WTF? Yes it is. Have you ever heard of the commerce clause?
    Wrong. Interstate commerce is far broader than that.
     
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  7. Oddball
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    It's a check on all bad laws.

    Problem is that if you know about nullification and say so, you'll be kicked out of every jury pool in America, even though it is in fact still legitimate.

    Fully Informed Jury Association
     
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  8. George Costanza
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    George Costanza A Friendly Liberal

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    Game over.
     
  9. Oddball
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    Game not over.

    The people have all the rights, up to and including the nullification of bad laws foisted upon them by congressional tyrants.

    The jury = 4th branch of de jure government.
     
  10. George Costanza
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    Yes - you are correct, in theory. In actual practice, however, it rarely (and I mean rarely) works that way. I have never seen a jury vote guilty or not guilty in order to "nullify" a law they don't like, even though the facts of the case are totally contrary to their verdict. Never.
     

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