Congress, Constitutional Law, Courts, Justice, Lawyering, Politics, Supreme Court

I’ve Got Georgia on My Mind

Respectfully submitted by Lawrence Rafferty (rafflaw)-Guest Blogger

With apologies to the famous song of the same title, the State of Georgia has produced some interesting legislation and proposed legislation these days.  The latest in that long list of specious legislation is the proposal pushed by five Georgia State Senators that would set up a commission to review Federal laws.  Any laws not approved by that commission would be nullified and would not be upheld in their state.  If I understand the proposed legislation correctly, the State of Georgia, if this law is passed, would claim supremacy over Federal law. I realize that in some Tea Party view of the Constitution this makes sense, but not in the real world where the Constitution and court precedent makes it very clear that Federal law supersedes any and all conflicting State laws.

“The Constitution provides that acts of Congress “shall be the supreme law of the land” which is why states do not have the power to ignore federal law. Nevertheless, five Georgia state senators — including Majority Leader Chip Rogers (R) and senate President Pro Tempore Tommie Williams (R) — apparently do not believe that the Constitution applies to them. All five lawmakers introduced a wildly unconstitutional plan to have Georgia and its citizens simply ignore laws that its conservative leadership doesn’t want to follow:

(1) There is created the Joint Commission on Recommendation, which shall be charged with recommending and proposing for a vote by a constitutional majority the nullification in its entirety of a specific federal law or regulation which is deemed to be outside the scope of the powers delegated by the people to the federal government in the United States Constitution or at odds with the Georgia Constitution . . .

(4) Upon recommendation for nullification, the General Assembly may vote to nullify following such recommendation. The appropriate documentation reflecting the vote shall be documented in legislative journals of the House and Senate. In the event the General Assembly votes by a constitutional majority to nullify any federal statute, mandate, or executive order on the grounds of constitutionality, neither the state nor its citizens shall recognize or be obligated to live under such statute, mandate, or executive order.”  Truthout

Our friends in Georgia are taking the same path as Gov. Rick Perry chose in Texas when he pushed through a bill that would nullify a Federal law concerning light bulbs.  Light Bulb  It is amazing to me that in the year 2012, we are even having this discussion.  The Supremacy Clause of the Constitution, Article 6, Clause 2, makes it very clear that Federal law is the “law of the land”.

“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.” U.S. Constitution  The Supreme Court has upheld and confirmed the supremacy of Federal law over conflicting State legislation. But this idea of States nullifying Federal legislation continues to fester.

I question whether these State attempts to nullify Federal law is actually an attempt to discredit the current administration in the eyes of the supporters of these State officials rather than an effort to stop what they consider to be unjust laws. Are politics involved in these decisions to attempt to nullify Federal law?

Are these Georgia legislators trying to re-fight the Civil War with these claims of States superiority over Federal law?  Are these nullification efforts related to the Tenther movement?  Even our old friend, Ron Paul has come out as a supporter of this alleged power of States nullification of Federal law.  Ron Paul   Does it surprise you that a sitting U.S. Congressman would have these views?

Finally, while the attempts by States to nullify Federal laws isn’t new, the calls for nullification seem to have increased since President Obama came into office.  Will the nullification movement die out if Obama is not re-elected?  Let’s hear what you think!

Additional Sources:

McClatchy

James Madison letter to Edward Everett

Crosby v. National Foreign Trade Council

Cooper v. Aaron

219 thoughts on “I’ve Got Georgia on My Mind”

  2. More details from the story:

    …House members approved an amendment Friday by state Rep. Kermit Brown, R-Laramie, to have the task force also examine conditions under which Wyoming would need to implement its own military draft, raise a standing army, and acquire strike aircraft and an aircraft carrier.

  3. All things considered, state legislatures are not always made up of the sharpest tools in the shop. I just read that the Wyoming legislature is considering buying an aircraft carrier. I know it sounds like it came from The Onion, but the source was the Casper Star Tribune’s section on news from the state legislature. They are considering the need for a carrier and strike aircraft.

    http://www.dailykos.com/story/2012/02/25/1068222/-Wyoming-legislature-wants-to-buy-Aircaft-Carrier?via=siderecent

  5. raff, they are coming out of the woodwork, with Bron leading the charge.

    We have had Presidents in the past who would send Federal Marshals to haul off the rebels in handcuffs, after arresting them for sedition. Obama won’t of course, but it does look as if the inmates are trying to take over the asylum. They are still smarting over that little vacation General Sherman took there a while back.

  6. rafflaw:

    “What is the Supreme Courts view of nullification?”

    What is your opinion of “3 generations of imbeciles is enough”?

    The court is not infallible and takes unconstitutional decisions.

    Tyranny requires a strong central government. Our founders knew that, that is why most of us live in states and not provinces.

  9. Margret Richards:

    “It’s racism, plain and simple.”

    It is? I dont think so.

    “Was it “shameful” for the northern states to do everything in their power to obstruct the enforcement of the fugitive-slave laws (whose odious provisions they did not believe were automatically justified merely on account of the fugitive-slave clause)? Was it “shameful” when the Supreme Court of Wisconsin declared the Fugitive Slave Act of 1850 unconstitutional and void, citing the Kentucky Resolutions of 1798 and 1799 in the process?”

    So you would have been for the Fugitive Slave Act had you lived in 1850?

  13. Oro Lee:

    now why would Madison say the people have to follow unconstitutional laws? That doesnt make much sense to me. Set up a Constitution which clearly lays out the scope of the government, gives the people sovereignty and then says, oh by the way the Constitution doesnt protect your rights after all and that the central government can make law up from the penumbra and as long as the supreme court says it is constitutional then it must be because the court says it is.

    Now that is a judicial oligharchy and I doubt very much the founders planned it that way.

  14. Hey Ron Paul, check out the first three clauses of Article 2, section 8 of the Constitution.

    The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and PROVIDE FOR THE common Defence and THE GENERAL WELFARE OF THE UNITED STATES; but all Duties, Imposts and Excises shall be uniform throughout the United States;

    To borrow Money on the credit of the United States;

    TO REGULATE COMMERCE with foreign Nations, and AMONG THE SEVERAL STATES, and with the Indian Tribes;

  15. what can you say about a state where “how bout them dawgs” is considered intelligent conversation.

  17. “the text of the Virginia Resolutions clearly indicates that each state was “duty bound” to maintain its constitutional liberties within its “respective” territory, and hence Madison did indeed contemplate action by a single state (rather than by all the states jointly), as supporters and opponents alike took him to be saying at the time.”

    From the 1798 Virginia Resolution:

    “That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”

    http://www.constitution.org/cons/virg1798.htm

  18. Oro Lee:

    I have a feeling Madison was talking about constitutional laws

    Bron, no where in Madison’s writing does he display any regard for your feelings. Never does he intimate states may disregard federal law if they believe them to be unconstitutional. Never.

  20. It’s racism, plain and simple. Where were these people when Bush/Cheney (or Cheney/Bush) were doing their thing? Two illegal wars, spending money like drunken monkies, tax cuts for themselves………….

    The one thing that bugs the tea baggers most is the health care bill. They seem hell bent on destroying that. Can you imagine the screaming and screeching if Obama had gone for singlepayor/Medicare for all?

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