Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger
The Show Me state, has been making news lately. Unfortunately, the news it has been making has nothing to do with the St. Louis Arch or the baseball Cardinals, but its legislature’s penchant for attempting to nullify Federal laws that it does not agree with. The State of Missouri is working hard to nullify Federal gun laws and Obamacare.
“If you ever wondered what a 21st century nullification crisis would look like, look no further than Missouri. One hundred and forty eight years after the end of the Civil War, the New York Times reports, “the Republican-controlled Missouri legislature is expected to enact a statute next month nullifying all federal gun laws in the state and making it a crime for federal agents to enforce them.” Meanwhile, the Show Me State is doing everything it can to effectively block implementation of the Affordable Care Act.” Daily Kos
I guess Missouri wants to Show the rest of the nation that the Constitution and its Supremacy Clause is not worth the parchment it is written on. In case you are not sure what is meant when a State tries to nullify a Federal law, here is a little primer on the subject.
‘ “Nullification was a 19th century theory, identified most closely with South Carolina Senator John C. Calhoun, based on the notion that the states created the Constitution and retained the power to determine whether the federal government complied with limitations on its power. This theory has been universally rejected throughout the course of American history by the courts as inconsistent with the Constitution. As the Constitution’s preamble makes clear, ‘We the People,’ not the states, ‘ordain[ed] and establish[ed] th[e] Constitution.’
“The Constitution’s Supremacy Clause provides that federal law is the ‘supreme Law of the Land,’ and Article III of the Constitution gives to the federal judiciary the power to decide “all cases arising under the Constitution.’ States, thus, cannot simply declare that the acts of the federal government are null and void. But, despite the rock-solid arguments against nullification, state governments continue to press the idea that they have the power to treat certain federal laws as null and void. These arguments, while not new, have no basis in the Constitution.” ‘ Maddowblog
What would make the Missouri state legislature think that they had the power to declare acts of the Federal government null and void, when as suggested by the David Gans quote in Maddowblog, the legal arguments against nullification are “rock solid”? Could politics be at work here? Is it a coincidence that the nullification “movement” has come to popularity since President Obama took office?
I wish I could say that the nullification attempts are restricted to Missouri. However, the states of Texas, Kansas, Mississippi and Arizona have all been involved in attempting to nullify Federal laws. In Missouri, the legislature is attempting to make it a crime for any Federal law enforcement officer to enforce Federal gun laws.
‘ “Like Texas, Mississippi, Arizona and a host of other states, Missouri is seemingly turning to the Confederate Constitution as the law of the land. Hoping to override Democratic Gov. Jay Nixon’s veto, Missouri Republicans are aiming at the U.S. Constitution’s Supremacy Clause:
Richard G. Callahan, the United States attorney for the Eastern District of Missouri, is concerned. He cited a recent joint operation of federal, state and local law enforcement officials that led to 159 arrests and the seizing of 267 weapons, and noted that the measure “would have outlawed such operations, and would have made criminals out of the law enforcement officers.”
And not just criminals. As the Times explained, “A Missourian arrested under federal firearm statutes would even be able to sue the arresting officer.” ‘ Daily Kos
The State of Missouri is attempting to turn the Constitution on its head and at the same time, criminalize the actions of sworn Federal law enforcement officers who are just doing their duty. I wonder if the citizens of Missouri understand how much money it will spend defending its actions when the Federal government sues the State of Missouri if their nullification plans come to fruition?
The State of Missouri is also trying its darndest to prevent the Affordable Care Act from being implemented in its state. It is even ordering state officials to not do anything to aid in its implementation. According to the Daily Kos article linked above, the Missouri State legislature is attempting a “de facto” nullification of Obamacare.
‘ “Along with Arizona, Alabama, Oklahoma, Texas and Wyoming, Missouri is refusing to enforce the ACA’s new insurance reforms and prohibitions, such as refusing to cover those with pre-existing conditions, using “rescission” to drop coverage for those who become sick, discriminating against women and setting annual or lifetime benefits caps. And while Colorado, California, Oregon and other blue states are spending hundreds of millions of dollars to fund thousands of customer service “navigators,” in Missouri “local officials have been barred from doing anything to help put the law into place.” ‘ Daily Kos
Whether the dispute is about gun laws or health care, it seems that Missouri is showing the country that it won’t sit by and watch its citizens get protected by Federal gun laws or Health care systems. At what point do the hundreds of thousands of Missouri citizens who need health care actually factor into the state legislatures nullification attempts?
When any state has a legitimate beef against a Federal law or policy, it can use the courts to sort out those issues. However, when the state legislature is relying on a 19th century theory that has been universally rejected by the courts, is that legislature actually working on behalf of its citizens? Or is it working on behalf of political or corporate interests? What do you think?
Ok rafflaw,
Let’s attempt to work through your article & perfect it so none of us are left confused.
The Supremacy Clause & the Court’s Rulings are of no effect & null & void if the law is Unconstitutional & it’s an illegal court ruling or if the Supremacy Clause is being used as a pretest to enforce an illegal law.
IE: Bush vs Gore.
IE: 2nd Amd: Shall not be Infringed
** Is it a coincidence that the nullification “movement” has come to popularity since President Obama took office?**
Good Day Rafflaw 🙂
Come on Please, enough already playing that Race Card Crap, if people keep it up I think I’ll just start putting in the middle of reverse racism jokes & poke fun at the… LOL
So two racist walked into a bar & then Al Sharpton turn & said to rafflaw. LOL 🙂
I just hat the SoB for his American Hating Policies, just as I did with Bush, Clinton, GHWB, Ronnies Gun…
https://www.google.com/search?q=Jerson%2C+Madison+Kentuckey+Virgina+Resolutions
So is there a duel at dawn when the sad sack Missouri officer goes to arrest FBI/DEA/ATF agents probably even more heavily armed than usual as they venture into Missouri territory?
Is there absolutely any precedent in history of a federal officer shooting a local officer in self defense? I can’t imagine any federal officer would willing succumb to the orders of the local Barney Fife.
Sad part is ALEC is only 50% of the problem. The Democrats are just as corrupt now.
OS. If that’s true I may have been hijacked too. This thread is based on Missouri, however the involvement of ALEC in shaping and leading many legislation policies within states certainly does factor into the developing mindset of Missouri voters. The Show Me state is not independent and alone on attempts to nullify Obama care or gun restrictions.
ALEC and the NRA are certainly integral in the rise of individual States practicing “Throw the twisted Spaghetti against the wall legislation”.
Every time they get some noodles to stick, other Alec states rush to stick it on their walls too. Missouri is not alone in this effort.
The nullification of Obamacare began in 2009. The nullification of new and sane Wall st regulations began in 2009.
Crony capitalism, Corporate greed, Wealth transference to the 0.1% are nullifying the middle class.
It would be more appropriate if the US flag had one huge dollar sign on it.
Then I would understand how this crop of sycophants keep getting voted into office. Government Of For and By the rich.
The sleeping middle class is nullifying themselves.
OS
from the first paragraph. An apology from you is in order
“The State of Missouri is working hard to nullify Federal gun laws and Obamacare.”
Felix:
I see what you are doing. Thread hijacking. Trying to derail rational discussion on the subject of Mr. Rafferty’s story?
Psssst…this story is not about medical care, the ACA or stock trading. It is about the Missouri legislature trying to pass a law that is in violation of the Supremacy Clause of the Constitution. Pandering to the lowest common denominator voter.
Obamacare should be nullified
http://www.theguardian.com/commentisfree/2012/dec/05/obamacare-fowler-lobbyist-industry1
Obamacare architect leaves White House for pharmaceutical industry job
Few people embody the corporatist revolving door greasing Washington as purely as Elizabeth Fowler
Whatever one’s views on Obamacare were and are: the bill’s mandate that everyone purchase the products of the private health insurance industry, unaccompanied by any public alternative, was a huge gift to that industry; as Wheeler wrote at the time: “to the extent that Liz Fowler is the author of this document, we might as well consider WellPoint its author as well.” Watch the five-minute Bill Moyers report from 2009, embedded below, on the key role played in all of this by Liz Fowler and the “revolving door” between the health insurance/lobbying industry and government officials at the time this bill was written and passed.
“The Constitution’s Supremacy Clause provides that federal law is the ‘supreme Law of the Land,’ and Article III of the Constitution gives to the federal judiciary the power to decide “all cases arising under the Constitution.’
The U.S. Constitution, as amended and as defined by the Supreme Court, is the supreme law in this country.
Federal legislation, when it complies with the U.S. Constitution, is supreme over state law.
Would a 42 USC § 1983 action lie against these legislators who under color of state law will have violated the constitutional or federal rights of citizens by making it a crime to use those rights?
That statute reads:
Or would “legislative immunity,” absolute immunity (a judicial notion) prevent such an action?
http://articles.washingtonpost.com/2013-05-26/politics/39544961_1_medicare-advantage-white-house-investors
Political intelligence firms set up investor meetings at White House
By Tom Hamburger,May 26, 2013
Wall Street investors hungry for advance information on upcoming federal health-care decisions repeatedly held private discussions with Obama administration officials, including a top White House adviser helping to implement the Affordable Care Act.
The private conversations show that the increasingly urgent race to acquire“political intelligence” goes beyond the communications with congressional staffers that have become the focus of heightened scrutiny in recent weeks.
http://articles.washingtonpost.com/2013-05-01/business/38957569_1_sec-subpoena-the-sec-law-firm
The Securities and Exchange Commission has issued subpoenas to a firm and individuals in connection with the leak last month of a federal funding decision that appeared to cause a surge in stock trading of several major health companies.
I’m with Bob Kauten on this. I would like to be a fly on the wall the first time some officer tries to arrest an ATF agent for enforcing a Federal law. You could sell tickets to that.
Larry:
I agree the supremacy of the federal laws in principle yet it is my belief these nullification endeavours are symptomatic of many in the general population becoming increasingly frustrated and angry with the federal government doing what these folks perceive to be heavy handed and over reaching practices. It is necessary to understand that no matter how laudable the obamacare legislation might be it is very unpopular with large segments of the population in various areas of the country. The federal firearms issue is becoming another matter. There are subcultures in our country that view firearms confiscation or over-regulation (or the perception of this) as being both a sign of tyrrany and a means to take away the liberty of these people.
Those not of this culture reallly need to understand that it is not just a bunch of gun bearing nut cases (as some pundits proclaim these people to be) it is really a litmus test as to whether or not the federal government respects their rights or it does not.
The politicians in these states are listening to their constituents who are vocal about these issues. If you look in many parts of rural America many there are becoming increasingly hostile toward the federal government. I don’t necessarily mean in a violent sense but they are increasingly looking at politicians at the federal level as being an enemy to their way of life and that they control the federal bureaucracy and agencies to exact their own political goals that are not in alignment with those in rural America. Basically those from rural areas view self-reliance, self-sufficiency and freedom as being a strong cultural value and view programs like Obamacare and certain federal laws as an effort to control their lives and subjugate them. As irrational as some might view this it is often what these folks often believe.
So what might be happening as an extension is these people then cling to their state’s environment as being a protector of their culture or way of life and the pols there feed into this and promse them protection from the counter-cultural federal government which is perceived to be against that the rural way of life.
It might also be a symptom rather than the illness.
Forget about the Constitution …. the law of the land is based on power and right now the Feds have it. I would like to see *the people* seize power.
The preamble says “we the people” but it was the states that ratified it, not a plebiscite. It was northern states that first did the nullification bit by passing laws that contradicted the federal requirement that “found” property (slaves) was to be returned to “its” owner. Then the southern states, led by South Carolina, introduced their own nullification by seceding. We know how that worked out.
“The State of Missouri is attempting to turn the Constitution on its head and at the same time, criminalize the actions of sworn Federal law enforcement officers who are just doing their duty.”
OK, show me. I’d love the State of Missouri to arrest sworn Federal law enforcement officers. Please do! Don’t just posture, do it!
Then this group of dumbass rednecks will discover the true meaning of “nullification.”
De-facto, if not high Treason and Traitors. Corporate puppeteers being the enemy from within…….
Well, Kansas may have a good shot at it. (groan) I think the SCOTUS case Heller, and whichever one it was about the Gun Free School Zone may allow them to extend protections beyond that offered by the Constitution, as interpreted by the Feds. That is how some states have search warrant laws which are stronger than what the Courts permit. A state can give more protections, just not less. What would be a lot more fun, is if there was a state that tried to go around the FEDS, and hold that INTRASTATE electronic communications were off limits to the NSA, CIA, and the FBI. Now that would be fun!
Squeeky Fromm
Girl Reporter