Whitaker said he supports state's rights to nullify federal law

[Tommy Tainant]

Whitaker said states could nullify federal law "if they had the political courage" - CNNPolitics

Matthew Whitaker, the new acting attorney general, has said that states have the right to nullify federal law, but that they need the political courage to do so.

Whitaker, whom President Donald Trump announced as acting attorney general on Wednesday after he fired Jeff Sessions, made the comments during a failed 2014 run for the Republican Senate nomination in Iowa.

"As a principle, it has been turned down by the courts and our federal government has not recognized it," Whitaker said while taking questions during a September 2013 campaign speech. "Now we need to remember that the states set up the federal government and not vice versa. And so the question is, do we have the political courage in the state of Iowa or some other state to nullify Obamacare and pay the consequences for that?"

"The federal government's done a very good job about tying goodies to our compliance with federal programs, whether it's the Department of Education, whether it's Obamacare with its generous Medicare and Medicaid dollars and the like," he added. "But do I believe in nullification? I think our founding fathers believed in nullification. There's no doubt about that."

Whitaker added he didn't think states had the "political courage to nullify Obamacare."

The notion that states can do away with federal law has been at the heart of some of the country's biggest conflicts.

Is this position at odds with his current job ?

 

[HenryBHough]

Ah, tainted Tommy....you'll love the repression and taxation when Bonnie Prince Carlie rules as Carles III!

 

[Pogo]

Whitaker said states could nullify federal law "if they had the political courage" - CNNPolitics

Matthew Whitaker, the new acting attorney general, has said that states have the right to nullify federal law, but that they need the political courage to do so.

Whitaker, whom President Donald Trump announced as acting attorney general on Wednesday after he fired Jeff Sessions, made the comments during a failed 2014 run for the Republican Senate nomination in Iowa.

"As a principle, it has been turned down by the courts and our federal government has not recognized it," Whitaker said while taking questions during a September 2013 campaign speech. "Now we need to remember that the states set up the federal government and not vice versa. And so the question is, do we have the political courage in the state of Iowa or some other state to nullify Obamacare and pay the consequences for that?"

"The federal government's done a very good job about tying goodies to our compliance with federal programs, whether it's the Department of Education, whether it's Obamacare with its generous Medicare and Medicaid dollars and the like," he added. "But do I believe in nullification? I think our founding fathers believed in nullification. There's no doubt about that."

Whitaker added he didn't think states had the "political courage to nullify Obamacare."

The notion that states can do away with federal law has been at the heart of some of the country's biggest conflicts.

Is this position at odds with his current job ?

What is he, from South Carolina?

The notion that states can do away with federal law has been at the heart of some of the country's biggest conflicts.

Indeed it has. Nullification Crisis

 

[Oddball]

I'm in favor of juries nullifying bad law, so it follows that I'd agree with Whitaker.

Problem being?

 

[chops_]

I believe the entire Obamacare should be nullified. And if the states are able to do so, then that would be good. They (the states) can compete against other states for better healthcare.

Why do we even need a federalize Healthcare system anyways? That is like saying: "If you like your doctor, you can keep it". What if my doctor (under federal status) isn't who I want? That wouldn't give me much choice. Especially, if I am only allowed to choose a federal version of doctors. I rather stick to my state-wide doctors (mostly local) than having one given to me.

 

[JGalt]

Whitaker said states could nullify federal law "if they had the political courage" - CNNPolitics

Matthew Whitaker, the new acting attorney general, has said that states have the right to nullify federal law, but that they need the political courage to do so.

Whitaker, whom President Donald Trump announced as acting attorney general on Wednesday after he fired Jeff Sessions, made the comments during a failed 2014 run for the Republican Senate nomination in Iowa.

"As a principle, it has been turned down by the courts and our federal government has not recognized it," Whitaker said while taking questions during a September 2013 campaign speech. "Now we need to remember that the states set up the federal government and not vice versa. And so the question is, do we have the political courage in the state of Iowa or some other state to nullify Obamacare and pay the consequences for that?"

"The federal government's done a very good job about tying goodies to our compliance with federal programs, whether it's the Department of Education, whether it's Obamacare with its generous Medicare and Medicaid dollars and the like," he added. "But do I believe in nullification? I think our founding fathers believed in nullification. There's no doubt about that."

Whitaker added he didn't think states had the "political courage to nullify Obamacare."

The notion that states can do away with federal law has been at the heart of some of the country's biggest conflicts.

Is this position at odds with his current job ?

Of course states can nullify federal law, it's somewhat allowed by our constitution. Some of our states had enough political courage to tell you Brits to go pound sand, so why wouldn't they do the same to a bad piece of federal law?

 

[Billy_Kinetta]

The supremacy clause only covers those matters specifically mandated to the federal government by the Constitution. In all other matters the 10th Amendment, having never been repealed, is applicable.

Of course, the federal government has over time unconstitutionally usurped certain authority from the states by odd readings of such mandates, but that could be remedied fairly easily should the states decide to oppose it.

 

[DGS49]

...for example, many states have legalized marijuana within their jurisdiction, thus purporting to nullify certain federal criminal laws prohibiting same.

Many states and cities have adopted "sanctuary" laws, thus nullifying federal immigration laws.

The ACA had various provisions overstepping congressonal authority under the Constitution. States were right to ignore much of it.

Good call.

 

[Pellinore]

It's long been settled that a state cannot nullify Federal law - see the link to the Nullification Crisis of 1833, up above. Statements like this are the kind of things politicians like to throw out to stir up support, but if he ever tried to actually implement it, he'd get smacked back down like a beach volleyball.

 

[Billy_Kinetta]

It's long been settled that a state cannot nullify Federal law - see the link to the Nullification Crisis of 1833, up above. Statements like this are the kind of things politicians like to throw out to stir up support, but if he ever tried to actually implement it, he'd get smacked back down like a beach volleyball.

Well, it depends on what states are willing to do. The 10th Amendment has not been repealed, it remains in effect, and powers not granted to the federal government by the Constitution remain with the states and the citizens thereof. If said federal law has no constitutional mandate, it can legally be ignored.

The states could well smack right back.

 

[C_Clayton_Jones]

Whitaker said states could nullify federal law "if they had the political courage" - CNNPolitics

Matthew Whitaker, the new acting attorney general, has said that states have the right to nullify federal law, but that they need the political courage to do so.

Whitaker, whom President Donald Trump announced as acting attorney general on Wednesday after he fired Jeff Sessions, made the comments during a failed 2014 run for the Republican Senate nomination in Iowa.

"As a principle, it has been turned down by the courts and our federal government has not recognized it," Whitaker said while taking questions during a September 2013 campaign speech. "Now we need to remember that the states set up the federal government and not vice versa. And so the question is, do we have the political courage in the state of Iowa or some other state to nullify Obamacare and pay the consequences for that?"

"The federal government's done a very good job about tying goodies to our compliance with federal programs, whether it's the Department of Education, whether it's Obamacare with its generous Medicare and Medicaid dollars and the like," he added. "But do I believe in nullification? I think our founding fathers believed in nullification. There's no doubt about that."

Whitaker added he didn't think states had the "political courage to nullify Obamacare."

The notion that states can do away with federal law has been at the heart of some of the country's biggest conflicts.

Is this position at odds with his current job ?

It’s at odds with the original intent of the Framers and the Constitution.

Article VI of the Constitution makes it clear that the states are subordinate to Federal law and the rulings of Federal courts, reaffirmed by the Supreme Court in Cooper v. Aaron 60 years ago.

 

[C_Clayton_Jones]

I believe the entire Obamacare should be nullified. And if the states are able to do so, then that would be good. They (the states) can compete against other states for better healthcare.

Why do we even need a federalize Healthcare system anyways? That is like saying: "If you like your doctor, you can keep it". What if my doctor (under federal status) isn't who I want? That wouldn't give me much choice. Especially, if I am only allowed to choose a federal version of doctors. I rather stick to my state-wide doctors (mostly local) than having one given to me.

You’re at liberty to ‘believe’ whatever you like, provided you understand it’s wrong.