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
Raff….
See I told you early on…. Depends on which box car you jump on….
You mean Marbury is applicable to the south….since when….lol
Mike A.
The constitution is words on paper. Their meaning interpretable.
All else is interpretation and application.
And the rich have the interpretation rights in their hands.
And the gun to back them up.
Good men, are always surrounded by unsound ones.
http://www.huffingtonpost.com/jesse-kornbluth/leonard-cohen-at-77-calls_b_1227640.html Here’s an article about the new album.
Gene H.
“You can lead idiots to the truth, but you sure can’t make them believe it. ”
You can lead liars to the truth, but you can’t make them say it.
Who is Albert Nobbs?
SwM,
You are soooooo right. If I could switch I would
Maybe I could talk……..
Mike A.,
Great response. It is amazing that Marbury v. Madion is not good law in Georgia!
AY,
What are suggesting? 🙂
SwM,
No, I didn’t. What’s it called.
If you’ve seen him in concert then maybe you have this DVD.
“Bird on a wire”. From his EU concert tour in ’72. It was mighty moving.
I’ve never seen a performer/poet so naked, so honest as he was at times.
(well exception for janice jopling)
The Jerusalen concert for example. So mnay indelible images.
Neither Blouise or I are idealist. I did see Albert Nobbs yesterday but assuming a man’s identity in Sweden is a bit much.
Mike A.,
Well you know what they’ll say in response (and I’ve seen this said before in defense of secessionist fantasies) – “Marbury v. Madison was wrong.” This of course has nothing to do with the sound reasoning in Marbury or that it is both historical fact and the precedent of jurisprudence and everything to do with wishful thinking.
You can lead idiots to the truth, but you sure can’t make them believe it. 😀
And something else…I do not recall ever saying much to I707 before….. And not much until yesterday…. It’s just amazing when larry is here…regardless of the time….one larry shows up…..
rafflaw: I like the provocative question with which you closed your comment, and I agree with Mike S. The recent resurgence of the nullification nonsense is an outgrowth of the neo-confederate movement that has gained steam since the election of Pres. Obama.
For those of you who actually find the arguments of the Georgia legislature compelling, here’s the deal:
1. It is the function of the legislature to adopt laws.
2. It is the function of the executive to enforce them.
3. It is the function of the judiciary to determine their constitutionality.
This issue was settled in 1803. If you need a refresher course on separation of powers, you might wish to re-read Marbury v. Madison, 5 U.S. 137 (1803). “It is emphatically the province and duty of the judicial department to say what the law is.” (5 U.S. at 177). Therefore, if the legislature of the State of Georgia, or Texas, or South Carolina or any of the other states which periodically nourish fantasies about secession are unhappy with a federal statute, there is a remedy provided. End of debate. End of discussion.
Mike A.,
I will pose a question whose answer I don’t know: Is Marbury v. Madison still being taught in schools. I was taught about it in 7th Grade. Is it even in today’s curriculum, or has it become “too controversial” to be taught as decided law?
Gene,
It just makes one suspicious of ones true motives…. Geeze….. I have not heard anyone being called Buddha in a long while…
Rafflaw,
Sorry, searching after the right phrase, but was obviously wrong.
I meant “pulling my leg, kidding me, putting me on, etc. ´Just was trying to find a more modern expression. Like Lennard writng on Democracy. Too good to be true.
Yeah I buy things from Itunes. Tip, Einaudis Essential If you like piano noodling (?). Italian composer/pianist. Mostly sad, sometime elegiacal. Repetitive intricate phrases. Took forever to download. Long double LP.
Sometime stirring. Quiet for the most, deep.
“Strive on untiringly” is the common English translation of the last words of the historical Buddha, Siddhartha Gautama.
idealist, I saw Leonard Cohen in concert a few years ago. Did you know he has a new CD out?
Uh, I meant great music also.
ID707,
For your delectation and delight. Raff, I have 20 Cohen songs I play on my IPod as I work out. Not only great words but great words.
Raff,
Absolutely…..I echo Mikes comments as well….
Gene,
I appreciate that…. And it is what it is, is certainly true….
As far as being “called out” by someone here, they say for a very brief time… Yet refer to a person you as know as Buddha….. Is most ingenious at any level…… Don’t you think? Or did I imagine that as well…..
I can and do ignore most things…. But when the birds shit where I enjoy myself….then….I will defend myself from attacks….some things said were rehashments….and I know who it is…. I have a birdie that told me… It appears there is one that talks too much….and it got back to me….
I know you as guest bloggers have access to ip addresses…if you choose to look…. So I am good with that….
ID707,
You can find Leonard Cohen on Itunes too. What do you mean by “stiffing me”?