As you read the following story, keep in mind that the Progessive/Libs started
this practice of “federal nullification” with the blessings of Clinton, Bush 43, and Hussein Obama, as the federal
government turned a blind eye to the 50 or 60 “sanctuary cities” in this
nation. In fact, the State of Oregon, is officially “sanctuary” in violation of
federal law. Obama’s EPA was given a 9-0
drubbing by the Supreme Court in the Sacketts versus the EPA case, decided in March of 2012 (see Pacific Legal.org) , and decided to simply ignore that http://www.sfgate.com/news/crime/article/Federal-nullification-efforts-mounting-in-states-4613832.php
JEFFERSON CITY, Mo. (AP) —
Imagine the scenario: A federal agent attempts to arrest someone for illegally
selling a machine gun. Instead, the federal agent is arrested — charged in a
state court with the crime of enforcing federal gun laws.
Farfetched? Not as much as you might think.
The scenario would become conceivable if legislation passed by
Missouri's Republican-led Legislature is signed into law by Democratic Gov. Jay
Nixon.
The Missouri legislation is perhaps the most extreme example of a
states' rights movement that has been spreading across the nation. States are
increasingly adopting laws that purport to nullify federal laws — setting up
intentional legal conflicts, directing local police not to enforce federal laws
and, in rare cases, even threatening criminal charges for federal agents who
dare to do their jobs.
An Associated Press analysis found that about four-fifths of the
states now have enacted local laws that directly reject or ignore federal laws
on marijuana use, gun control, health insurance requirements and identification
standards for driver's licenses. The recent trend began in Democratic leaning
California with a 1996 medical marijuana law and has proliferated lately in
Republican strongholds like Kansas, where Gov. Sam
Brownback this spring
became the first to sign a measure threatening felony charges against federal
agents who enforce certain firearms laws in his state.
Some states, such as Montana and Arizona, have said "no"
to the feds again and again — passing states' rights measures on all four
subjects examined by the AP — despite questions about whether their
"no" carries any legal significance.
"It seems that there has been an uptick in nullification
efforts from both the left and the right," said Adam
Winkler, a professor at the University
of California at Los Angeles who
specializes in constitutional law.
Yet "the law is clear — the supremacy clause (of the U.S.
Constitution) says specifically that the federal laws are supreme over contrary
state laws, even if the state doesn't like those laws,"
Winkler added.
The fact that U.S. courts have repeatedly upheld federal laws over
conflicting state ones hasn't stopped some states from flouting those federal
laws — sometimes successfully.
About 20 states now have medical marijuana laws allowing people to
use pot to treat chronic pain and other ailments — despite a federal law that
still criminalizes marijuana distribution and possession. Ceding ground to the
states, President Barack
Obama's administration has made it known to federal prosecutors that
it wasn't worth their time to target those people.
Federal authorities have repeatedly delayed implementation of the
2005 Real ID Act, an anti-terrorism law that set stringent requirements for
photo identification cards to be used to board commercial flights or enter
federal buildings. The law has been stymied, in part, because about half the
state legislatures have opposed its implementation, according to theNational
Conference of State Legislatures.
About 20 states have enacted measures challenging Obama's 2010 health
care laws, many of which specifically reject the provision mandating that most
people have health insurance or face tax penalties beginning in 2014.
After Montana passed a 2009 law declaring that federal firearms
regulations don't apply to guns made and kept in that state, eight other states
have enacted similar laws. Gun activistGary
Marbut said he crafted
the Montana measure as a foundation for a legal challenge to the federal power
to regulate interstate commerce under the U.S. Constitution. His lawsuit was
dismissed by a trial judge but is now pending before the 9th U.S.
Circuit Court of Appeals. . . . . . . click on the link, above, for the rest of the story.
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