The Pot example is anything but lame. It is the entire precedence for what you say can't be done and refutes the "worth less than used toilet paper" claim. If you read the attached link to my other post the Cato paper lays it out. I admit its not light reading but I still think its worth the read. The short version is that States today either make things legal or don't make things illegal even though the feds want them to. It is a common practice. So the first part of the bills in the states regarding not enforcing a ban have a very long precedence and are a legal fact.
Edit: I forgot to add that there is also the Anti Commandeering principle that says the feds can not force a state to enforce a statue it doesn't want to. That has been upheld by the Supreme court many times.
On the second part, I completely agree that there are going to be legal conflicts, I even said so in my earlier post. Those will have to be sorted out by the supreme court, that can take months in a fast cycle or years in a normal cycle. But it will garner attention and will show where the states (and the voters in those states) stand. That will in turn make our elected representatives think twice before enacting something and if it does get enacted hopefully that vote will cause them to be booted out in the primary and if not then hopefully in the general.
Far from being useless both sections of the proposals serve a purpose. The first section deprives the feds of what they would really need to enforce such a thing, man power. The second, sets the stage for a supreme court fight wich would be the best chance, based on the current make up of Congress, the Supreme Court and the White House, to have a ban thrown out.
The states need to start standing up to the feds, it was the states that created the federal government. I hope this is just the beginning of many issues to come where the states stand up to DC!
Last edited by TexasAviator; 01-16-2013 at 08:24 PM.
"Malo periculosam, libertatem quam quietam servitutem" (I prefer dangerous freedom to peaceful slavery) Thomas Jefferson in a letter to James Madison
"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." Benjamin Franklin
"If everyone is thinking alike then someone isn't thinking!" General Patton
"If we waited for Washington to tell us when to plant, we should soon want bread." Thomas Jefferson
worthless as toilet paper? I think not.......... "Extremism in the defense of liberty is no vice".
"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -Ben Frankin-
Unfortunantly precedent has long been set since President Washington put down the Whiskey Rebellion and answered the question about whether the Federal government could enforce its laws.
President Lincoln answered the question of nullification when he put down the southerners who were committing treason in defense of slavery.
This all sounds cheering and warm and fuzzy feeling. But history tells us another story. 'Taint happening folks.
I will be overjoyed to be wrong on this. But I don't believe that to be the case.
Last edited by lonestarbandit; 01-16-2013 at 09:32 PM.
"Tyrannis Seditio, Obsequium Deo" Texas CHL holder and Distinguished NRA member.
"When the Cambrian measures were forming, They promised perpetual peace.
They swore, if we gave them our weapons, that the wars of the tribes would cease.
But when we disarmed They sold us and delivered us bound to our foe."
Here ya go Paul (Stengun):
What If the States Refuse to Comply? ? Tenth Amendment Center
Snipped from the article:
Oh and I was incorrect in stating that EO's apply only to federal officials. IF either the House or the Senate approve the order then the EO has the "force of law".For a state to force the federal government to do anything would be very difficult but by nullifying the unconstitutional “law” or regulation they have placed the feds on notice that they have exceeded their authority. And if enough states nullify the law, the feds are powerless to enforce it. The best example is the Real ID Act signed into law in 2005, essentially, it is “null and void” because a majority of the states refuse to comply. Is this not the answer to how to treat all unconstitutional laws, just nullify and ignore them?
Men trained in arms from their infancy, and animated by the love of liberty, will afford neither a cheap or easy conquest. -- From the Declaration of the Continental Congress, July 1775.
May you live as long as you wish and love as long as you live. Robert A. Heinlein
Are you casting asparagus on my cooking? Curly Howard
Pack sand bags or pound sand? I like #2 myself.
Evil Is Powerless If The Good Are Unafraid. Ronald Reagan
The Government Is Not The Solution To The Problem, The Government Is The Problem. Ronald Reagan
Impeach king barack hussein obama
I Will Not Comply ! Go Pound Sand !
I hope my state does the same but the blind up north may convince my states politicians to drink the kool-aid.
Rubber band guns
Owner and Operator of:
Magnum Force Arms
I'm working hard on TN if they don't get on the ball soon I'll have to get all my old fart friends together and wander around the capital saying just what needs to be said get with it or start looking for a new job and employment sucks down here.
When I moved to the south I just didn't bring my things . By the grace of GOD he brought my soul!!"No free man shall ever be debarred the use of arms." -- Thomas Jefferson
"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government."
-- Thomas Jefferson
PT 1911,pt 24/7 45 C DS, M-85