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JUNE  2013

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States react to fed agenda with nullification
'An effort to try to push back against an overreaching
government'

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by Bob Unruh
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On the heels of a recent poll that said 29 percent of registered voters believe an "armed revolution" may be needed in America to restore liberties, a second poll said Americans already have figured out a solution - reject federal laws that are unconstitutional.

Now it appears that on issues ranging from Obamacare to guns, from South Carolina to Pennsylvania, lawmakers are listening, and "nullification" is entering legislative language.

At Alabama's AL.com, a report noted that nullification was tried when Washington ordered desegregation.

The report said nullification efforts today are not only in the Deep South but from Washington state to Pennsylvania. Alabama is one of at least 39 states that have passed various laws attempting to exempt themselves from having to implement Obamacare.

Arizona and Alabama have passed controversial immigration laws aimed at regulating illegal immigration, but key provisions in both have been struck down.

In addition, many states have adopted, or are working on, various plans to nullify federal gun restrictions.

A Washington Times editorial said supporters of nullification "see it as a necessary and effective tool to protect states and citizens from the every-growing power of the federal government."

The Times noted the first advocates of the idea were Thomas Jefferson and James Madison, who drafted the Virginia and Kentucky Resolutions of 1798, which declared, "Whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force."

Get "Taking America Back," Joseph Farah's manifesto for sovereignty, self-reliance and moral renewal

The Times noted even liberals are joining the trend. In California, the state Senate has joined dozens of other states in approving legislation designed to prevent the president from executing the indefinite detention provisions of the National Defense Authorization Act.

In addition, Washington and Colorado have ignored federal law and approved the legal use of marijuana.

Fox News reported that in Missouri, a proposal declares all federal gun regulations unenforceable.

State Rep. Doug Funderburk said: "We have the authority to enforce these laws. We are trying to position us so that we in this state can have safer neighborhoods."

The New American reported South Carolina advocated for states' rights - and responsibility - in opposing Obamacare. Under the proposed law, the state itself would sue on behalf of patients who may be endangered by Obama's health care plan.

The proposal said: "Whenever the attorney general has reasonable cause to believe that a person or business is being harmed by implementation of the Patient Protection and Affordable Care Act and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state against such person or entity causing the harmů"

The Tenth Amendment Center called the fact that the South Carolina assembly is willing to make constitutional determinations on a federal act already ruled constitutional by the Supreme Court is "historic."

A commentary by the non-profit tea party group FreedomWorks noted the federal government "only has about 30 enumerated powers delegated to it in the Constitution."

According to the Tenth Amendment, any issue not found in the U.S. Constitution should be left up to individual states to decide.

Now, FreedomWorks said, the United States has "gone grossly astray," with the federal government "involved in nearly every aspect of our daily lives from what foods we put into our bodies to what we're allowed to watch on television."

FreedomWorks said the attitude was expressed by Rep. Pete Stark, D-Calif., when he said, "The federal government can do most anything in this country."

The earlier poll on armed revolution was by Fairleigh Dickinson University. It said that among Republicans, 44 percent think armed revolution soon might be needed.

On the general question of "nullification," 44 percent believe states should have the right to block any federal laws they disagree with on legal grounds. Thirty-six percent disagree and 20 percent are undecided, the pollsters said.

Historically, nullification has been used as a legal argument to overturn federal legislation of all kinds, including slavery laws, but has never succeeded. The U.S. Supreme Court contends that under the Supremacy Clause of the Constitution, federal law is superior to state law and that federal courts have the final say on interpreting the Constitution.

But Michael Boldin, founder of the Tenth Amendment Center, said there are many ways to nullify a law.

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Do you believe states have a right to "nullify" laws enacted by the federal government using powers not delegated to it by the U.S. Constitution?

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The People News
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Pete Edwards, Editor - Publisher

Ashley Murphy, Assitant Editor
Copyright 2013 (All rights reserved)

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