Gun Bill in Missouri Would Test Limits in Nullifying U.S. Law

[Buford-T-Justice-1969]

Check this out. Missouri taking a stand.

http://www.nytimes.com/2013/08/29/us/missouri-gun-measure-pushes-nullification-boundary.html?_r=0

 

[Kelson1066]

Nullification is an accepted practice from c. 1800. The states reserve the right to declare actions of the federal government that they signed a compact to join as unconstitutional.

I hate how the case law arguments for these issues only go as far back as the 1900s.

 

[abean4187]

The sentiment is nice but it will never hold up to the supremacy clause. If the law is declared constitutional at the federal level states must comply even if 100% of the state disagrees with the law.

 

[redhawk_hj]

Check this out. Missouri taking a stand.

http://www.nytimes.com/2013/08/29/us/missouri-gun-measure-pushes-nullification-boundary.html?_r=0

never really considered moving to TN

 

[Kelson1066]

The sentiment is nice but it will never hold up to the supremacy clause. If the law is declared constitutional at the federal level states must comply even if 100% of the state disagrees with the law.

Unless they hold an Article 5 convention and just make the law unconstitutional. But since that requires 2/3 to call and 3/4 to get passed I doubt it.

 

[jpk1md]

The sentiment is nice but it will never hold up to the supremacy clause. If the law is declared constitutional at the federal level states must comply even if 100% of the state disagrees with the law.

Supremacy Clause only pertains to powers granted to Congress

In this case the fed gov was not only NOT granted power to regulate firearms/etc but its explicitly PROHIBITED from doing so

 

[RightNYer]

I hope the federal courts do rule it unconstitutional, and Missouri actually follows through and arrests a federal agent inside the state. And when federal agents come to fight back, I hope good conservative Missouri citizens form a militia and defend their sovereignty.

 

[Ab_Normal]

Nullification is an accepted practice from c. 1800. The states reserve the right to declare actions of the federal government that they signed a compact to join as unconstitutional.

I hate how the case law arguments for these issues only go as far back as the 1900s.

I believe jury nullification is written in the Md constitution.

 

[Benanov]

I believe jury nullification is written in the Md constitution.

That doesn't mean much; so is a religious test for holding office. Nullified in the 60's.

 

[Streetgang]

Alaska is doing a similar move: http://www.mdshooters.com/showthread.php?t=130090

 

[fabsroman]

The sentiment is nice but it will never hold up to the supremacy clause. If the law is declared constitutional at the federal level states must comply even if 100% of the state disagrees with the law.

If 100% of the states disagree with the law, they can amend the US Constitution pretty easily at 100%.

 

[drthv8r]

Firearms freedom legislation and federal gun laws nullification

I was reading this when I was looking into the Tenth Amendment. The Tenth Amendment has always intrigued me, now so more than ever.

http://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_States_Constitution

Starting in 2012, in response to a threat of law made through executive orders by President Obama, more than a dozen states around the US began proposing legislation that would "...declare that any firearms made and retained in-state are beyond the authority of Congress under its constitutional power to regulate commerce among the states". The legislation would require that the firearm be prominently marked as being "Made in {name of state}" and further prohibit federal regulation solely on the basis that "basic materials" and "generic and insignificant parts" of the firearm may have their origins from outside the state.

Through 2010, resolutions have been introduced in the legislatures of 27 states that would nullify federal authority over such local firearms. The legislation passed in Montana and Tennessee in 2009 and in Alaska, Arizona, Idaho, South Dakota, Utah, and Wyoming the following year.[15] South Carolina has taken the issue one step further: in 2010 a bill was introduced which would effectively nullify all gun registration laws within the state.[16]
Texas has prefiled and West Virginia has filed similar legislation for the current 2011 legislative session.
In 2013, one of the most strongly worded Second Amendment protection acts in the nation was signed into law in Kansas.

 

[Mark75H]

The beginning of the dissolution of the union

 

[jpk1md]

The beginning of the dissolution of the union

Nahhhhh

Beginning of the restoration of constitutional government as citizens reassert their rights

 

[Mark75H]

Nahhhhh

Beginning of the restoration of constitutional government as citizens reassert their rights

Its not the constitutional states that will not comply but, the "liberal" states will not comply, thus the end of the union

 

[jpk1md]

Its not the constitutional states that will not comply but, the "liberal" states will not comply, thus the end of the union

They wont have a choice due to dependance on federal dollars and largesse.

 

[Rattlesnake46319]

Be interesting to see how this pans out considering the current drug problem in the STL Metro. The cartels have set up across the river in IL. Nullification would give them a free pass on this side.

 

[Mark75H]

They wont have a choice due to dependance on federal dollars and largesse.

I'm not saying the liberal states will be the ones that leave the union, I am saying it will be their refusal to obey the constitution & court that will bring about the dissolution. I predict they will claim to be in the right and claim the legitimate government (& therefore the money). Only the productive conservative states would be able to afford to split, moneywise.

Would the liberals give up the right to control 2A and heathcare in the red states to keep red state money?

 

[jpk1md]

They wont have a choice due to dependance on federal dollars and largesse.

I'm not saying the liberal states will be the ones that leave the union, I am saying it will be their refusal to obey the constitution & court that will bring about the dissolution. I predict they will claim to be in the right and claim the legitimate government (& therefore the money). Only the productive conservative states would be able to afford to split, moneywise.

Would the liberals give up the right to control 2A and heathcare in the red states to keep red state money?

I think you're missing the point that the Fed Gov only has to hold hostage fed funding over liberal states that are 100% dependent on the formentioned funding in order to get them to follow the law.

Maryland alone relies on this funding for something like half of all spending on roads, schools, healthcare etc etc etc.

Turn off the faucet and they're done in a matter of days

 

[Mark75H]

I think you're missing the point that the Fed Gov only has to hold hostage fed funding over liberal states that are 100% dependent on the formentioned funding in order to get them to follow the law.

Maryland alone relies on this funding for something like half of all spending on roads, schools, healthcare etc etc etc.

Turn off the faucet and they're done in a matter of days

Correct, the liberal states will cease to function without the union ... but that does not prevent them from CAUSING the dissolution thru their own stupidity. Its already obvious they do not understand cause and effect nor logic.