States have power to nullify federal laws. Time to use it

[Inthemiddle]

According to your understanding of the Supremacy Clause, the Supreme Court does not have the authority to overturn any law passed by Congress.

You seemed to have missed the part about judicial power being vested in the Judicial branch.

 

[jillian]

The federal Supreme Court frequently nullifies state laws as they did with portions of the AZ anti-illegal law, but no where does the constittuion give them that authority. The Supremacy Clause of the Constitution says in Article 6

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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

That says federal laws are supreme ONLY if made in pursuance of the constitution. So any state has the right so declare a federal law in violation of the constitution and void.

Remember the states came first and they created the federal govt merely to act as their agent in selected matters such as fighting a war. In no way did they want the federal govt put above the states.

No states do NOT have the power to nullify federal law.

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.

Article VI | U.S. Constitution | LII / Legal Information Institute

why do you hate the constitution?

"Made in pursuance thereof" goes back to Article 1, Section 8.

No federal jurisdiction, via those specifically enumerated powers, no supremacy.

yokie dokie...

 

[regent]

It's the most famous case of the Supreme Court and of the nation, Marbury v. Madison 1803. While the Constitution does not give the Court the power to declare an act of Congress, or the Executive, or the states unconstitutional the Court in that famous case took the power unto itself. Perhaps some will remember it as the midnight judges case. In the fight to ratify the Constitution, Hamilton in one of his letters to the editor, (Federalist Papers) makes a case that it is the job of the Supreme Court to do just that and the Court in Marbury agreed. Incidently the Marshall Court that court that determined the Marbury case was a very conservative court.

 

[bripat9643]

According to your understanding of the Supremacy Clause, the Supreme Court does not have the authority to overturn any law passed by Congress.

You seemed to have missed the part about judicial power being vested in the Judicial branch.

Where does the Constitution say that overruling Congress is a judicial power?

 

[ShootSpeeders]

[

Secession is treason.

So you thing george washington was a traitor for leading the 13 colonies in their secession from england?

 

[ShootSpeeders]

No we didn't. Before the Civil War states commonly declined to enforce laws approved by Congress. Tariffs are a common example. The states only lost that ability when the tyrant Lincoln waged war on them and invaded them.

It's happening now also. Some states are refusing to accept obamacare and also the national ID act.

 

[ShootSpeeders]

[

See Maubury v. Madison...The role was ASSUMED by the SCOTUS.

Yes indeed. The supreme court in 1803 GRANTED themselves the power to nullify state laws. But it's not in the constitution.

 

[ShootSpeeders]

[

States proved they were incapable of protecting the rights of their citizens. Thankfully, the centralized Federal Government slapped them around and showed then who runs this country

And now the feds don't protect the rights of citizens. Affirmative Action is the govt-mandated persecution of white people.

 

[JakeStarkey]

According to your understanding of the Supremacy Clause, the Supreme Court does not have the authority to overturn any law passed by Congress.

You seemed to have missed the part about judicial power being vested in the Judicial branch.

Where does the Constitution say that overruling Congress is a judicial power?

Well, well, munchin man, better read Article III for the first time.

 

[JakeStarkey]

[

Secession is treason.

So you thing george washington was a traitor for leading the 13 colonies in their secession from england?

It was revolutiion not secession.

And the fact is that the victors write the history. You try secession, you can letters home from jail, heavily censored of course. Maybe. If you are not arrested under the Patriot Act.

 

[thereisnospoon]

The Supremacy Clause has but one purpose. To prevent the States from enacting laws that for example restrict interstate commerce. Basically to prevent a hodgepodge of laws and regulations that would be both confusing and impossible to follow.
There are exceptions. For example there is the Second Amendment. Yes the US Constitution states the people have the right to keep and bear arms.
We all know that States have their own laws which are much more restrictive. Even in states where the carrying of guns is legal....
The federal government uses the Supremacy Clause to give itself more power than the Constitution allows.

 

[C_Clayton_Jones]

[

States proved they were incapable of protecting the rights of their citizens. Thankfully, the centralized Federal Government slapped them around and showed then who runs this country

And now the feds don't protect the rights of citizens. Affirmative Action is the govt-mandated persecution of white people.

At least your ignorance is comprehensive.

 

[JakeStarkey]

The Supremacy Clause has but one purpose. To prevent the States from enacting laws that for example restrict interstate commerce. Basically to prevent a hodgepodge of laws and regulations that would be both confusing and impossible to follow.
There are exceptions. For example there is the Second Amendment. Yes the US Constitution states the people have the right to keep and bear arms.
We all know that States have their own laws which are much more restrictive. Even in states where the carrying of guns is legal....
The federal government uses the Supremacy Clause to give itself more power than the Constitution allows.

Nonsense.

 

[ShootSpeeders]

The federal Supreme Court frequently nullifies state laws as they did with portions of the AZ anti-illegal law, but no where does the constittuion give them that authority. The Supremacy Clause of the Constitution says in Article 6

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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

That says federal laws are supreme ONLY if made in pursuance of the constitution. So any state has the right so declare a federal law in violation of the constitution and void.

Remember the states came first and they created the federal govt merely to act as their agent in selected matters such as fighting a war. In no way did they want the federal govt put above the states.

Good luck getting any court to agree with you.

Why do we need a court to agree with us?

 

[JakeStarkey]

Because you, shooters, are not in charge.

 

[Darkwind]

[
Your arguement was defeated for good in 1865.

What a silly thing to say. The CW was not about nullification of laws.

Actually, he is right.

The Civil War to to an end the notion that the States could be autonomous from the Federal government.

 

[JakeStarkey]

Lincoln murdered states foolish enough to try that nonsense.

 

[C_Clayton_Jones]

The Supremacy Clause has but one purpose. To prevent the States from enacting laws that for example restrict interstate commerce. Basically to prevent a hodgepodge of laws and regulations that would be both confusing and impossible to follow.
There are exceptions. For example there is the Second Amendment. Yes the US Constitution states the people have the right to keep and bear arms.
We all know that States have their own laws which are much more restrictive. Even in states where the carrying of guns is legal....
The federal government uses the Supremacy Clause to give itself more power than the Constitution allows.

You forgot to cite the case law in support of this.

And with regard to the Second Amendment, telling conservatives take no issue with the Court ruling there is a right to self-defense and an individual right to own a handgun, although the words ‘self-defense’ and ‘individual’ are nowhere in the Second Amendment.

 

[ShootSpeeders]

[
I can see where he get's the Idea that States can Nullify Federal Law from the Small Section he quoted. But had he bothered to read the Part about the Federal Judiciary he would know that they are specifically given the Power to Decide the Constitutionality of Laws. Therefore since the Power is Specifically "Implied" to a Branch of the Federal government, it therefore Does not Fall to the States. Law, Unless that law has been determined to be Unconstitutional by the Courts. Period.

Specifically implied???? HAHAHA. Did you really say that?? HAHAHA

Anyway Article 3 Section 1 says "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority". You didn't say but i assume that's the part you are referring to. But that does not deny states the power to void federal laws since doing so is a non-judicial process.

 

[bripat9643]

You seemed to have missed the part about judicial power being vested in the Judicial branch.

Where does the Constitution say that overruling Congress is a judicial power?

Well, well, munchin man, better read Article III for the first time.

Article III doesn't say that, dipshit.

You see, Fakey, the Constitution is readily available online. You can't pretend like it's some obscure document that you have special knowledge of. We can easily prove your bullshit claims about it are . . . well . . . bullshit.