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”

  1. I707, you seem to miss my points completely. It is not I that does not understand, but you. In my long life, I have come to learn that not everyone does nuance, and a surprising number of people tend to be concrete minded and have trouble understanding a metaphor for what it is. If you did not get where I was coming from after reading my accounts of Culloden Moor and Glencoe, then I hold out little hope for you.

    And being somewhat snark impaired as well.

    And I also understand quasars as well as they can be understood given the state of science today.

  2. MikeS.,

    I think I707 has been around for a while… Maybe this is the first time that they have used this name…. But…I will let the knowledge of each and every statement tha1t it has said and used knowledge of the past to attack speak volumes of its intent….

    If they are truly in Sweden they are either + or – the United time zone of 6 hours…. They regurgitate statements made back in 2010 which seem eerily similar to bdaman…..It was about June or August 10’…..

    Then yesterday…It was a direct indirect attack on the same subject…. Using a dispute from this past summer to perform a basis for attack…. I’ll let the statements of I707 speak volumes for support in my position….

  3. Mike S,
    Have been here a very short time, Thus I can’t have any views on anyone.
    My views are within today’s horizon only. So any comments from me are meant only within that limitation. Not asking you to be judge, nor a daddy giving approval. But i’ll use this occasion to comment: only one occasion was disparaging in that OS laughing referral to Sherman, etc compares all to well to what we do in Afganistan, And his complaint of long-harboring of ill feelings by the south, shows no awareness of the situation around he world and over time.

    1. AY,

      You have my E mail address please write to clarify what in hell is going on here. We’ve both been here for a long while and for the life of me I don’t get your references to ID707. Now it is true that when I was dying for awhile prior to my heart transplant my brain wasn’t firing on all cylinders, so perhaps I missed a nuance, or two.ID707 doesn’t at this point ring a bell to me as the ghost of anyone past, so your antipathy and my curiousity are peaked.

  4. To all,

    I have just re-read my posts from yesterday and find nothing regrettable, retractable, or poorly based ideawise. They all were simple approvals such as to Bron. Or with the others, using their own material to point out other possible interpretations, and in one case say that joking over Sherman’s march through Geogia was comparable to laughing at our killings in Afganistan.

    No one, except for Mike S. met me on level ground.
    OS implied I was motivated by or was pursuing old ills, vendettas,, etc. and suggested I read his articles But why not say what you think? I DID. WHY CAN’T YOU.

    And Otteray Scribe made jokes about Sherman, and the ridiculousness in his eyes of the South housing ill feeling so long after the civil war; whereupon I saw laughter as inappropriate, comparing to Afganistan. and noted the centuries old emnities around the world whch still exist today.

    And then there is AY. Cryptic as usual. Allusion to false flagging, false id, same-o same-o tired message. Nothing specifice said. Just the allusions used by bullys and those who try others by insinuations. Thank goodness we don’t have that standard in courts—–although lawyers will try of course in a jury trial.

    So other than standing by the fault of an undiplomatic delivery, I stand unrecalcitrant for my utterings.
    I would have welcomed individual responses on merits.
    But the lack of such may have other causes. My late arrival at the thread meant I was commenting long afer you had left the scene.

    If you disagree, have the decency to openly disagree, Speak out. Don’t mumble. No indirect hints. And especialily AY, if you can’t lay out proof or at least an open accusation, then why don’t you shut up and stop hacking.
    If you despise me, fine. But be a man and come out and say why. Or you will be called despicable by me.

  5. Mike S.
    Thanks for the reminder.
    I will take you down from my alter, and discard the book of prayers.
    The view of Olympian figures is so difficult, as i wrote earlier. From so low a position as mine, I see mostly their buttocks; and poorly perceive the lightning streaming from their head. The grecian ones, and most others as well, were notable for their failings which they share with us. Imagine going up to Zeus and complaining over his love of amorous adventures. Stupid, huh?

    And even for those on a lower level, it would be wiser to activate the golden rule before my frontal attacks. Laughing at Sherman’s slaughter campaign through the South irritates me, and compares to laughing at helicopter and drone killings of children—–as one did yesterday. However a more diplomatic approach at delivering that message would be better.
    General apologies all around it y’all think I was out of line. Just hope my thoughts, the kernel, got through in spite of the ugly stamp on the envelope.

    More to say but thank for now

  6. anono yours,

    I see you use the bully’s tactics, Hints only you can decipher, allusions unclear, all saying, if I understand, that you feel I am sailing here under false flag, id, but same onl BS. I’ve denied it and it’s now up to you to prove it. PUT UP OR SHUT UP.

    I’ll say it again, but in another way. You’re full of shit. Put up some facts or shut up your slimy mouth. Because implied slander, rendering the attacked helpless to defend, is evil. Our justice system calls for public accusation of substantial value and of proveable quality. You don’t meet the standard in any way.

    And just like a bully, you can’t stand on your own two feet, but seek support from your “fellow bullies”. I’ve met your kind before, and know how to meet them—–head on.

    And to think! All those brain cells going to waste.

  7. Otteray Scribe,
    I will delight in reading your writings, but before please tell me what slights, ills and vendettas you mean are relevant to me. Have I done these?
    I will be glad to deal with them one by one if so, but not in toto. Not unless you build up a case of there being a patterns etc.

    Please advise, Am naturally interested. You have been reciipient of my opposition on this thread. Have no recall from other threads. Feel free to enlighten me.

  8. In my prior incarnation as a humanoid I was privilged to go to Washington DC on May 1, 1971. When they came for us on that bridge that we were blocking everyone spoke up in unison. We didnt lie down and get arrested but threw back the tear gas grenades and scurred off the bridge to fight another hour, another day. None of that arrest crap for us. I saw Pete Seeger get tear gassed. Then three years later in August 1974 there I was back in DC. A bunch of us went went to the White House and yelled Jail to The Chief in unison. Tricky Dicky resigned that night. It was fun.

    When I see these schmucks down in Georgia playing out these Southern Strategy ploys first initated by the Trickster it amazes me that so many folks do not understand the basics of the land of the free and home of the brave.

    Yet there are some real introspective folks here on this blog who are insightful and read history.

    On my next incarnation I just might decide to come back as a human.

    Just a DogTalkin

  11. That could be true…. Or maybe “Teach Your Children Well” ….. I listened to the original version this morning……CS&N…..

  14. OS,

    Apparently someone slipped I707 some strange and it has yet to recover…… Attacking seems to be nothing new…. Just the name….. And the gravator is blue…. The climate change is old news…. But the information is the same…..

  17. Mike S.
    We, it seems, all admire you. But the lefthanded not-guilty judgements on Bron seem unworthy your worthiness. And particular classing him as being simply delusional as to governmental views/opinions is insulting. But your opinions and right to speak are not challenged. Just expected better of you.
    .
    Now who the f–k am I to challenge you. A person with the same guarantee of freedom of expression as yours. Risking your eternal wrath and that of my government seem linked. Rank has no more votes than any person possesses. I rest for now.

    1. ID707,
      In re Baron’s delusions I was talking about his politics. Overall, unlike many who share his views, Bron can feel compassion for others and is not a bad person in my estimation. Also too, as people here know, I can sometimes get testy and snarky. We’re all just here hanging onto the wheel of Karma, trying not to fall off and certainly sainthood is not in my future.

  18. Oro Lee,
    thanks for the quote:
    “…The Articles miserably failed to enshrine the bold vision of our founders: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.”

    You are comparing the constitution to the declaration, fine, i love the latter, if one can talk of love.

    But note the qualifier as to the consent of the governed.
    It was a question of “JUST” powers.

    The last ten years violation of rights is not an expression of a progressive constitution, nor a progressive government.

    And I see the rights of state challenge was abandoned when the federal income tax became the law of the land. And Obamacare and other cares are fine with me, it’s just the abuse and corruption and selling or our land to the corporatitions that disturb me. The idea of fighting Obamacare through nullification seems several centuries old. But disagreeing is what they are left with doing. We’ll see when the marshals and the Nationalized Guard shows up, with Presidential arrest order.

    But I’m just opinionating again. No legal knowledge here.

  20. “If I understand the proposed legislation correctly, the State of Georgia, if this law is passed, would claim supremacy over Federal law.” – rafflaw

    Yes they seem to think that constitution is spelled noitutitsnoc …

Comments are closed.