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:
James Madison letter to Edward Everett
Mike S.
You say to AY to contact you via Email. OK, that’s your decision.
But it leaves me with this thread as the only channel of making my point, which is OK with me, but maybe not with others who have gotten tired of the hassle. AY’s bullying occurred here and I see no other place to “take it outside” to continue the fight.
And it’s not fair if I get the neutrals against me for defending myself. To simply be quiet and passive is no way to handle a bully, nor avoid implied admission of guilt.
AY is all bullshit. He points you to some area in C’s logical fallacy, and says something in legalese. I don’t know what he’s referring to nor what his issue is, or his interpretations leading to proving me being a vendetta inspired false id pusher, etc, etc., ad nauseaum.
Put it up, point to the chapter and verse, make your case and let me reply.
All else is bullying. And he seems to like it.
Just as I like nitpicking others arguments. I thought all would love that. Isn’t that what lawyers do? Some apparently regard themselves as perfect. And get disturbed hearing otherwise.
Well, my only issue is with the bullying attacks without substance from AY. and now the now revealed enmity from OS.
A ruling would be appreciated. Preferably acquital.
And thanks to SwM, wish there were more like you.
Not just for my sake. But quite simply that our system is bullying us all.
And hiding won’t get us free again. They must be fought, as you yourself said Mike.
Strive on, said Buddha.
Raff….
I am feeling that box car is detailing again……just sayin…….
id707,
There’s a bully in every neighborhood … we are no exception.
Here, however, we do not run from bullies … we stand up and challenge them.
As to the subject of identities, sock puppets, etc. … my grandmother would always admonish the young boys who would point the finger when someone in the group passed gas. She would give them a steely look and say, “The fox is the finder; the stink lays behind her.”
AY said:
”
This will be the subject of a group meeting… I can assure you….since you brought it to the group….
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idealist707 asks AY, who is the you who brought “it” and what is “it”, and what is a group meeting.
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Anonymously Yours1, February 26, 2012 at 10:29 am
So then why were meant mike and os attacked…. Someone with a vendetta I suppose…. You did say you’d try and run me off…. Well I am here to stay
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idealist says: I did not “attack” OS, only took issue with his post, not his person. there is a difference, but you don’t seem to get it.
And I did not ATTACK Mike S., only said his writing on Bron disappointed me. Is that an attack? I don’t think so, just what I would want to hear if someone who has said he liked me was himself disappointed in what I say.
That’s sounder than keeping quiet and letting shit accumulate until the friendship fractures.
Hope Mike S. reads this. Please indicate in which case.
ID707,
I didn’t feel attacked, you disagreed with me. If I got bothered about that I wouldn’t be here since I’ve had disagreements at one time or another with almost all the regulars. If we all agreed on everything all the time, even with JT,
this would be a boring place and really only useful for written masturbation. It is precisely because we all have differing views, mostly iconoclastic, that makes this a fun place.
Raff,
I don’t usually pick em….. But I will defend them…. Especially when subjugations are abound….
Raff,
I see the next box car derailed….
Hang in there I707. This too will pass. This is a great group of bloggers who take their discussions seriously. Things can get heated at times, but the consistent posters are respected for their views, even if they do not agree with some or all.
All interested
I did my first post at Willy Loman’s on WordPress some year or so ago.
Here I came using the same id last fall. Don’t know shit about what AY and OS are talking about. My profile is in text form at WordPress, click the icon and read.
Next you’ll be calling me a traitor. Yee gods.
I was a little tin soldier (ie I bought it all) who did 2 years active service as a signal officer, USAEPG, Ft Huachuca, AZ. Was indefinitely extended along with all others when Berlin was cut off again—airlift, was waiting for war when Cuba hit the fan, my officer roommate got assigned to 322d Sig Bn and went to VN, I was discharged seven years after active duty while here in Sweden, as a captain.
Is that enough for that. Or do yóu want an allegiance pledge.
I back my country, but don’t like the results I see.
Civilian wise, I did lunar excursion motor facilty validation for NASA near Las Cruces, NM, created a unique PERT system for managing the planning and progress reporting of over 3,000 ´line items which was accepted by the Pentagon in spite of “no-new-systems” ban, for the Civil Engineering Directorate at Hickam Field in Hawaii, from there I got project work doing PERT diagrams for air bases for one contractor and electrical design for another contractor, all working in Bangkok 66-67. Did the electrical design for a B-52 base called Sattahip or Ban U Tapao, south of Bangkok. Details? You get’em. Just ask.
On google maps it’s “pinked out” so we must still be using it, my conclusion.
It was used as an alternative evacuation airport for civilian tourists (many Swedes) when the Bangkok one was closed due to red/yellow conflict.
I traveled and lived in Europe, rootless and unemployed, knowing a change was what I wanted, for a year, moved to Sweden in ’68, live in Stockholm, worked there, married, retired and widower.
First got shit as an American warmonger from FNL girls, constantly asked by others if I was a deserter (no, didn’t need to was my answer). Spoke only Swedish and socialized only with them. Rusty in English of course.
Ain’t in any groups of any kind, oh yeah the Swedish-Japanese Friendship society. Not interested in politcal or conspiratorial groups at all.
Was in a Rose Growers group, a rhododendron growers group, a clematis growers group, and a nudist group. OK? Any objections?
Your accusations are more “legible” but can’t meet them as they don’t relate to me. You feel like attacking me. Fine. But making allegations without proof is contemptible to me. It’s just one of the sicknesses which afflict our society. Practiced all too widely spread in the USA, but more seldom here.
In fact, it’s never happened to me here.
But that’s not the point. If you ain’t got more than this, then get off my back.
And threats of group meetings are again an example of star courts and kangaroo ones, typical totalitarian tactics.
What the hell is group meeting which AY is calling for? Please inform the accused. Or am I not cleared to know what I’m accused of. (Great line!!)
As for OS, he’s not even legible. Quasars, what quasars, did i bite you about quasars. well bite back immediately. don’t go and fester for weeks before taking it up.
geez, what sickies hanging around here. accusing folk for false id when they step on your toes. Extreme in my eyes. No wonder we in Europe see you as paranoid (at least the common man, the leaders are another category we also discuss).
Nice artticles anyway. Just some folks can’t tolerate what they hear in response Pointing out as I did that in “JUST powers”, the qualifier JUST was important. Was that relevant? I thought so and pointed it out.
Was it worth getting upset over it being a personal attack, Don’ think so.
I rest for the nonce. Awaiting the next rabid attack.
PS AY if you’ve got a line to defend. then say what it is, and then quote my words which are in conflict. Then we got a debate again, not insinuations as to loyalty, motives, etc. Or go back and say hey to Joe McCarthy.
AY,
Hah! 🙂
Raff.
It is always good when one stays on track…..it’s just deciding which box car to jump on next…..lol
It is nice to see the discussion is on track again.
Mike,
I agree that the historical record is clear about the supremacy of the Federal law. Wasn’t slavery a states rights issue?
I think it all boils down to if one believes the states would have be willing to give away their sovereignty to a central authority. One has to remember the causes for the Revolutionary War. The colonies had just gained their independence. Would they have been so willing to have joined into a nation state that basically would have removed that independence? Jefferson and Madison both believed that smaller government was more effective and responsive to the people’s needs. The previous large central and unresponsive English system had left a bitter taste. The limitations on federal powers written into the constitution were to protect state sovereignty. One can only imagine what the ratifiers of the US Constitution would think today. Seeing the power the federal government has, another revolution would probably be in the making.
“Would they have been so willing to have joined into a nation state that basically would have removed that independence?”
quercus454,
I am always bemused by those who argue for State’s Rights, simply because almost all the times those arguments are defending some local form of tyranny, or another. Since 1932 they usually come up in Democratic Administrations and recede in Republican ones. The why of this is that State governments are the most easy to corrupt and also the veues where demagogues roam freely. Had they Founding Fathers not wanted a Federal Government with power to override Stae excesses, the could have stayed with the Articles of Confederation.
So then why were meant mike and os attacked…. Someone with a vendetta I suppose…. You did say you’d try and run me off…. Well I am here to stay…
This will be the subject of a group meeting… I can assure you….since you brought it to the group….
Mike and OS are not bullies for the record. Have to go. Don’t want to get involved but when I saw it happening again I had to comment.
Damn….that auto correction…..
Yes…. Mike… Quit your bullying and Ottery as well…..
Almost to dallas for an early morning meeting….
Mike,
Can do…. But if you’ll go to the christie fallacy about 11/12 ish and read between the subjudicated references… You’ll clearly understand…….
Id 707 is getting bullied just like I was. He is just the next one in a long line. By the way it is Ira Einhorn not Ira Elkhorn.
Excuse me… Correction… I707…..
I meant to state directly…. I think you are AWOL a DESSERTER of the armed services…..finding assylum in a non extracting country…..
I think you are pathological….poor excuse for a human being….if you are in fact human….
Thank you for revealing your true intentions yesterday….you must sleep well…..or reeling from the psychosis that affects your personality disorders….
I707,
Your despicable nature speaks for itself.. It is nice none of my business what you think of me…. You are either pathological or psychotic….. Your statements prove either…. And in some instances both…. One could say you are a war objector finding solace in Sweden as a desserts of the Vietnam era…. Are you sure you are not of the ilks of Ira Elkhorn….