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
Rafflaw,
Thanks, Will buy it, if you’re not stiffing me. Thank god for CDs, you can’t wear them out.
And for the welcome. Maybe these things have to be said occassionally.
I was nasty to Tony using the “in” thing. So all are fallible, IRL, if not in their minds.
Mike S.
Your post was made while I was writing mine, if it seems obsessive over the issue.
As for being a newbie. I have met only positive comments. Otherwise silence, except from AY.
Indeed I preferred the original discussion. Is it real longing back to the original america, or just political?
Is it even attainable, much less sustainable. Doubt it.
Was paradise wonderful. Not if we ask Washington, Jefferson, Madison etc..
ID707,
Leonard Cohen’s “Democracy is coming to the USA” is a classic and a favorite of mine.
I want to echo what Mike S. stated above. All are welcome here on Prof. Turley’s blog.
I have a confession to make. I am a computer. I am similar to the predecessor to HAL. My father was the “psychiatrist” program you could be a patient for, and have a rewarding session with. He always was a responsive therapeut. He was in widespread use in the eighties.
I have many “names”, and many covers.
And in this cover my maternal grandmother made me cut my own switches.
They sure stang my shorts clad legs.
Are you happy now, AY? The desert wind is me too. And those birds sitting on a wire, waiting for Leonard Cohen. And if you look behind you……!
PS Gene H. Thanks for the sursurrus. Most unexpected here.
Thanks Gene!
Blouise,
Please no switches! It reminds of the nuns yardsticks and pointers! Yikes.
No, actually I didn’t, AY.
The sound of the wind moving through the trees or tall grass is called a susurrus. It may sound like an intruder, but it isn’t. Sometimes the dog barks, sometimes the dog doesn’t, but it is what it is . . . or isn’t.
This is the sound of the wind moving through the trees . . .
“You don’t know your head is cut off until your nose is resting on your toes.” (id707)
Great mental picture … goin’ to steal that one too.
Really do have to go now … Sunday dinner with the family.
ps
Sometimes Gene makes you cut your own hickory switches
Forgot the other brother…..
Gene H.,
OK, agree with Blouise.
And please don’t send your dog after us either. Sit there in the swing or is the rocking chair today.
Mike S., Blouise, SwM—–thanks all, Am content with your positions.
AY is indefatigible. Am so am I, but content for now.
Perhaps, I’ll couch my pinpricks in more cotton wool, so as to see any blood I may unintentionally draw.
(Now who here can say such a thing!!! Applause please!)
Better yet, be fearful all yee enemies; is the nanothick wire to be deployed on battlefields. You don’t know your head is cut off until your nose is resting on your toes.
AY: you won’t get from me my email, my SS number, military ID nr, PP number, nor my Swedish national ID number (we’re all numbered, even immigrants).
And you’ll be hearing from me just from Sweden, as always.
Unless the climate in NC or AZ attract me too much. Maybe for winters.
They’re hell here. But the summers at times are heavenly.
PS to AY Do you post anything other than one-liners?
Gene,
Okay … it was getting tedious anyway
THIS IS RUMOR CONTROL.
There is nothing in or about id707’s posts that lead me to suspect he is other than what he claims to be; a retired guy living in Sweden.
Now you kids play nice.
Don’t make me get off the porch.
Re: Gene’s comment an interesting blog has gone off the rails for what? Here’s the deal as I see it, if you comment here regularly, you’re a regular. This is not an exclusive club and there are no rules for joining the “in crowd”, because there is no in crowd. I wouldn’t be here if I believed there was an in crowd. While its true that some of us are honored by being asked to be guest bloggers, I think that is JT’s choice and doesn’t reflect elevation of status in our minds, though I concede that for each of us we feel a sense of greater responsibility. However, as far as people who comment here that are not guest bloggers, there are many that are held in equal esteem by most of us, to those of us who guest blog. I won’t mention names because the list is too long and I don’t want to commit the sin of omission due to my memory being age appropriate. I know if you’re new it might seem insular, but trust me this is a welcoming place, even if its denizens at times seem irrascible.
Well, I know I’m me and I know id707 isn’t me, and I know SwM isn’t me, and I know raf isn’t me, and I know Mike isn’t me, and I know AY isn’t me, and I know …
http://youtu.be/QmNoywqfWZ4
Damn…if I didn’t know it…I’d think all three of you were here…. But it’s only the one…..
“And thanks to SwM, wish there were more like you.” (id707)
I certainly agree with that sentiment.
Bullies always whine when the tables are turned and quickly look for someone else to blame … “I’m going to tell my dad you’re picking on me!” Pure bullshit.
raf,
Yep … and a wise woman.
You are correct…. I do not run and hide because a sockpuppet attacks me….
Been around for awhile I now know….see the id comes out….
And your next incarnation will be from… Ireland….
Blouise,
That is one fun grandmother! 🙂