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And...? Do states get to mind their own business, disregarding federal laws?
they shouldn't. they should have the option to nullify those laws in the way that wisconsin and vermont nullified the fugitive slave act. similarly, acts like the patriot act would've been nullified along with obamacare, no child left behind, the food safety bill and others. both the left and right should support the right of states to nullify federal law
they shouldn't. they should have the option to nullify those laws in the way that wisconsin and vermont nullified the fugitive slave act. similarly, acts like the patriot act would've been nullified along with obamacare, no child left behind, the food safety bill and others. both the left and right should support the right of states to nullify federal law
Again, you lost this argument - nullification - a long time ago and for some very good reasons.
What is it with the Right these days, trying to revive long-dead jurisprudence?
Again, you lost this argument - nullification - a long time ago and for some very good reasons.
What is it with the Right these days, trying to revive long-dead jurisprudence?
You guys want to bring back public hangings next?
I have a problem with the broad interpretation of the constitution that has taken place since Lincoln. I'm not saying you have a point, there were reasons why the constitution may have been overstepped. Its generally in a situation that demands immediate action to correct, so that the process of amending the constitution would take to long, and you would lose the chance to correct the issue.
However.....
Those few times in the past that have needed fixing have come and gone, yet the government refuses to fix the past wrongs to our founding documents. When will that happen? All in the name of "precedent".
I'm all for amending the constitution if it needs it, but lets put these things up for a vote, if the majority of the states agree, then we aren't breaking our own laws in the name of "precedent".
I have a problem with the broad interpretation of the constitution that has taken place since Lincoln. I'm not saying you have a point, there were reasons why the constitution may have been overstepped. Its generally in a situation that demands immediate action to correct, so that the process of amending the constitution would take to long, and you would lose the chance to correct the issue.
However.....
Those few times in the past that have needed fixing have come and gone, yet the government refuses to fix the past wrongs to our founding documents. When will that happen? All in the name of "precedent".
I'm all for amending the constitution if it needs it, but lets put these things up for a vote, if the majority of the states agree, then we aren't breaking our own laws in the name of "precedent".
Fair enough.
But I think some here don't really understand that the 14th amendment actually AMENDED the Constitution.
they shouldn't. they should have the option to nullify those laws in the way that wisconsin and vermont nullified the fugitive slave act. similarly, acts like the patriot act would've been nullified along with obamacare, no child left behind, the food safety bill and others. both the left and right should support the right of states to nullify federal law
States were put under federal authority with the US constitution, and allowed to add more, not subtract from. Bankruptcy law is a good example, no?
Likewise, health care reform leaves it up to states, to devise ways, to meet federal requirements. For example, you probably want federal government to put all states under a uniform tort reform as a fix all to health care woes (technically breaking your own claim of supporting states' rights), while some states like Vermont, California, Pennsylvania, Illinois etc are in the process of creating single payer system. True?
But I think some here don't really understand that the 14th amendment actually AMENDED the Constitution.
The 14th amendment was a power grab, and was passed by a congress that didn't represent all of the people, of course some of which had already tried to leave the union.
I understand its law, but it granted WAY to much power to the federal branch, and essentially ended states rights. I disagree with it in principle, and it should be repealed. I've written my congressmen and women to that effect, its really my only recourse. But until the general population (which is generally fat, dumb, and happy) get behind such a measure, its a pipe dream.
The 14th amendment was a power grab, and was passed by a congress that didn't represent all of the people, of course some of which had already tried to leave the union.
I understand its law, but it granted WAY to much power to the federal branch, and essentially ended states rights. I disagree with it in principle, and it should be repealed. I've written my congressmen and women to that effect, its really my only recourse. But until the general population (which is generally fat, dumb, and happy) get behind such a measure, its a pipe dream.
You might be the first 10th amendment proponent I've seen on this board that actually makes some sense and has a clue. Thankfully you understand the law.
But do you not worry about the parade of horribles that could ensure, especially in the civil rights realm, if we didn't have due process and equal protection enforced on the states?
How would you avoid that? I think EP is one of the things that makes this country great - a nation of laws applied equally to all.
If you do away with the 14th, what would you replace it with?
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