How many states does it take to negate a federal law? 25 states? 35 states? Why not?
Arizona Medical Marijuana is now law. That's 15 states now. If all 50 states were to have the same kind law - then should there should be a process that has the majority of states overriding Federal law?
Same deal with marriage laws, or decriminalizing health issues.
It only takes one willing governor. If the state Nullifies the law, usually this is done through legislation -- but a zealous governor can easily perform this on his own -- then the state will simply refuse to enforce the law.
If the state chooses to interpose the law, through similar methods, it chooses to actually "interpose" their state law enforcement in between the "criminals" and the federal law enforcement; the state chooses to prevent the federal police from enforcing the law.
These ideas are enshrined in the 10th amendment (a now dead amendment that everyone has forgotten about -- but one that has yet to be repealed), and were first laid out by Thomas Jefferson and James Madison in the "Kentucky and Virginia Resolutions of 1798".
If you'd like to learn more, which I DEMAND you do, check out the book "Nullification" by Thomas E. Woods Jr. You can easily find links to it through my hubs - I loved the book and recommend it on just about all my newer hubs.
The Supreme Court has explicitly rejected the idea that the states can nullify federal law. In Cooper v. Aaron (1958), the Supreme Court of the United States held that federal law prevails over state law due to the operation of the Supremacy Clause, and that federal law "can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes . .
http://en.wikipedia.org/wiki/Tenth_Amen … nstitution
by woolman60 8 years ago
Los Angeles will ban all business with Arizona until it repeals its tough new law targeting illegal immigrants L.A. Votes to Boycott Arizonahttp://www.fresnobee.com/2010/05/05/192 … ycott.html
by Jack Lee 4 months ago
Recently, with regard to illegal immigration, Califronia and other states and cites have decided to refuse to enforce federal laws. They have chosen to disobey federal laws and not help ICE in enforcing our immigration laws.Is this legal? Are there any precedence on this?Where is the Supreme court...
by GA Anderson 3 weeks ago
There is a discussion about penalizing businesses that hire illegal immigrants on a thread not related to that topic - so I thought it might deserve discussion.I will grab one of Wilderness' comments to start:There is currently an employee verification process. It is called E-verify. Employers...
by TheSituation 8 years ago
What do you all think about this one? Seems like some good fodder for my fellow hubbers.
by Sherrie D. Larch 3 years ago
Is Arizona’s new immigration law racist and should they be boycotted?I believe it is a racist law and may lead to not only those who are ethnically Hispanic being treated unjustly, but all people that do not fit Arizona’s white Christian population. And they should be boycotted, it is just a...
by 910chris 5 years ago
An Oregon man sent to prison for collecting rainwater on his own property began the first day of his jail sentence with a warning that the American people need to stand up to a government that is operating completely outside the boundaries of common sense unless they wish to see liberty...
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