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Blog of Mass Destruction

Notions Of Nullification

By The Reverend Published: January 12, 2013

I heard Sean Hannity yesterday afternoon explaining how states were probably going to have to disobey federal laws in a defiant demonstration of resistance to what Grandpa Ronnie labeled "Big Gub'mint."

I hate to keep bringing this uncivil and all....but it looks like talk of secession and nullification is all the rage in many 21st century confederacy states. The following sentiment from Oklahoma is typical.....

Last week the Supreme Court of the United States exceeded its authority by declaring an unconstitutional act of Congress constitutional. While there are many powerful weapons in the fight that must be fought to dismantle ObamaCare, one of the best items in the arsenal is nullification.

The truth is that nullification is not a legal solution for states who disagree with federal laws....

The theory of nullification has been rejected repeatedly by the courts. The courts have found that under the Supremacy Clause of the Constitution, federal law is superior to state law, and that under Article III of the Constitution, the federal judiciary has the final power to interpret the Constitution. Therefore, the power to make final decisions about the constitutionality of federal laws lies with the federal courts, not the states, and the states do not have the power to nullify federal laws.

And yet, here are several recent examples from blood-red states seeking to nullify federal law....


Local radio station KTWO reports that lawmakers in Wyoming have proposed a "Firearms Protection Act" that provides a state-level annulment of any ban against semi-automatics or magazines that hold 20 or 30 rounds or more.

If the measure passes, it would mean that anyone--even federal agents-who try to enforce a ban within the state borders could be charged with a felony.


Even though House Speaker John Boehner (R-OH) has acknowledged that Obamacare is the “law of the land,” nine state lawmakers in Wisconsin are hoping to ensure that President Obama’s health reform law won’t ever be implemented in their state. The group of Tea Party-affiliated Republicans is backing a bill that would arrest any federal officials who attempt to implement Obamacare in Wisconsin.

S. Carolina...

Five Republican South Carolina state representatives introduced a bill last week that, if passed, would send people to jail for trying to implement the Affordable Care Act in South Carolina.

Under the bill, federal officials, employees and contractors implementing Obamacare could face a jail sentence of up to 5 years, and state officials and employees implementing Obamacare could face a jail sentence of up to 2 years.
Calling Obamacare unconstitutional, the "South Carolina Freedom of Health Care Protection Act" declares that the law "is invalid in this State, is not recognized by this State, is specifically rejected by this State, and is null and void and of no effect in this State."


Provides that any federal act, order, law, rule, regulation, or statute found by the general assembly to be inconsistent with the power granted to the federal government in the Constitution of the United States is void in Indiana.

Mostly, these state initiatives are simply acts of defiance directed towards the Kenyan Imposter. While these gestures of resistance to a black Democratic president are basically harmless right now....they foster a belief in the brains of conservatives that nullification of federal government laws is a tenable option moving forward. It isn't.

...the federal courts have held that under the Constitution, federal law is controlling over state law, and the final power to declare federal laws unconstitutional has been delegated to the federal courts. The states therefore do not have the power to nullify federal law.

Conservative state representatives may think they are bolstering their political careers by introducing bills in defiance of a federal government headed by the Kenyan Imposter ...and they may well be....but no state can legally...unilaterally, dismiss federal law as unconstitutional. Any talk to the contrary is simply balderdash.

Conservative elected officials and media figures are doing their constituencies no favors by leading them to believe in lies. No matter how many times the 10th amendment is referenced or doesn't change the truth that duly passed federal law trumps any and all state laws....every time.



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