DEA chiefs urge Obama to nullify Washington and Colorado pot laws

Rob Roy

Well-Known Member
When has nullification worked out well for a state? Whiskey Rebellion went to shit as soon as the feds step'd in and in South Carolina nullification under Jackson's office was pretty much a even break for both state and fed levels. Fed law trumps state law that's all there is to it.
I think you meant to say, "fed GUN trumps state gun".
 

Doer

Well-Known Member
Ok here's an example, states that didn't want to lower the bac to .08% for dwi were forced to do so by the feds. The feds simply told these states that their budgets for their infastructure, dpw's etc was going to be severly impacted by the withholding of federal money unless they changed their laws. It was .10 in my state but the feds forced the .08 thus changing the states law.
OK, like the Interstate Freeway Speed. And like shifted medicare and all the other struggles, some States can put on the big boy pants and turn down the money....and not pay the money either.

Some are so deep in the dole they can't. Constant struggle.
 

Doer

Well-Known Member
Weird, I can't find anything that would say that a President can declare a null and void on a state law. But, there are pages about the States standing up for their sovereignty. Don't tread.

And think about it. These States have formally denounced the federal law. What can a President say?

Oh no you didn't! :)
 

Harrekin

Well-Known Member
Weird, I can't find anything that would say that a President can declare a null and void on a state law. But, there are pages about the States standing up for their sovereignty. Don't tread.

And think about it. These States have formally denounced the federal law. What can a President say?

Oh no you didn't! :)
Declare them treasonous "terrorists" and drone the shit out of them?
 

Doer

Well-Known Member
Bucky should like the new forum format.

It is all default of the current poster.
 

Dr Kynes

Well-Known Member
That is fine but Feds cant regulate state law. Read your constitution.
US Constitution Section. 10.
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.



14th Amendment to the US Constitution Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

also Google "Title Nine", Roe V Wade, Fugitive Slave Laws, Dredd Scott, etc etc etc etc...


the feds can and do alter and annul state laws all the time.

Edit For Clarity: When they do this for constitutional reasons with constitutional grounds, this is a good thing. when they do it by fiat, or through judicial activism and "living document" lies this is bad.
 

Dr Kynes

Well-Known Member
When has nullification worked out well for a state? Whiskey Rebellion went to shit as soon as the feds step'd in and in South Carolina nullification under Jackson's office was pretty much a even break for both state and fed levels. Fed law trumps state law that's all there is to it.
federal law doesnt trump shit.

the constitution was written whereby federal laws appertain to the states. the federal government is a club for the states to meet and make agreemewnts about how they will deal among themseleves as a confederation and as a republic.

the federal government was intended to be a single voice for trade treaties war and diplomacy, but governance and the day to day laws were to be handled by the several states.

Example: Slave States vs Free States. as long as a slave stayed within the state where he is owned, he reamined a slave. if he escaped to a free state he was free, until the supreme court, in dredd scott declared that chattel in interstate flight doenst become free by crossing state lines. this was an adjudication of law between 2 states, not within a single state.

now, we live in an authoritarian nationstate, and federal law rules supreme, but only because the states have become merely subject provinces, not sovereign nations unto themselves. federal law which deals with an individual, within a single state is patenetly unconstitutional.

dont ship weed across state lines, and fight in court based on constitutional principles and youll win.
 

guy incognito

Well-Known Member
federal law doesnt trump shit.

the constitution was written whereby federal laws appertain to the states. the federal government is a club for the states to meet and make agreemewnts about how they will deal among themseleves as a confederation and as a republic.

the federal government was intended to be a single voice for trade treaties war and diplomacy, but governance and the day to day laws were to be handled by the several states.

Example: Slave States vs Free States. as long as a slave stayed within the state where he is owned, he reamined a slave. if he escaped to a free state he was free, until the supreme court, in dredd scott declared that chattel in interstate flight doenst become free by crossing state lines. this was an adjudication of law between 2 states, not within a single state.

now, we live in an authoritarian nationstate, and federal law rules supreme, but only because the states have become merely subject provinces, not sovereign nations unto themselves. federal law which deals with an individual, within a single state is patenetly unconstitutional.

dont ship weed across state lines, and fight in court based on constitutional principles and youll win.
How do you explain the 13th amendment?
 

Doer

Well-Known Member
I think the you mean the Emancipation Proclaimation, but I get the point. Lincoln ran on this and won. The South, however, didn't really think it through. (they didn't have the benefit of seeing beyond, like we do)

The 13th took 75% of the States and that took a war to settle it.

The bigger question in my mind is about States Rights and the sheer cruelty of slavery. I really think the various States in the South could have twisted the the fuck-ed system. somehow without succession.
Texas already was passing laws to phase it out.

But, remember France had slave colonies at the time. England, had them, but turned against it and
France opposed. It wasn't a done deal, like we think it is now.

And despiste the 13 A., things went on much the same, but much much worse, due to the assassination of Lincoln. The Southern legislatures stayed intact. Johnson, the VP caved on that, when they put the gun to his head (actually, he woke up, at one point, to find someone pointing a Lincoln derringer at his head.) A very clear message, indeed.
 

Harrekin

Well-Known Member
Notice the 13th and it's subsequent legislation were proposed/signed by Republicans.

Hows that for you Bucky?
 

Doer

Well-Known Member
Lincoln was Republican and the Southern Dems killed him. But, to me the issues swap back and forth and sometimes it's only the tar brush comes out.

It's not the Republicans in the KKK , for example. Jim Crow laws were not Republican. Tar Brush. The losers in the Battle of Athens, 1947, were not Republicans. Southern Democrat Bible thumpers, run the South even still.
 

nick88

Well-Known Member
The gov. just told 31 states that they have to tighten their DWI laws by July, or lose a major part of their funding.. Few yrs back, they told Az that if they didn't start recognizing MLK day, they would cut funding
 

Red1966

Well-Known Member
Weird, I can't find anything that would say that a President can declare a null and void on a state law. But, there are pages about the States standing up for their sovereignty. Don't tread. And think about it. These States have formally denounced the federal law. What can a President say? Oh no you didn't! :)
SCOTUS can.
 

UncleBuck

Well-Known Member
...Fugitive Slave Laws...
ah, yes.

fugitive slave laws.

the same inbred hicks preaching states rights were the same inbred hicks who called for what was (at the time) the largest federal government power grab in history.

inbred hicks were hypocrites then, inbred hicks are no different now.
 

Doer

Well-Known Member
SCOTUS can.
Oh, yes, they can. But, I mean the President can do some things by Order, but not this. He can direct his Attorney General to bring suit.

It is funny to me because the way it's reported. Nullify...as if the King can just strike it down. It's almost too late!

I suppose there is some sort of statute of limitation, but, the laws just came into effect a few weeks ago. True, he did block Arizona recently. By lawsuit. Yet, that was an issue where it was clearly the prerogative of the Fed. according to the courts. The Federal Border and our "understandings" with Mexico.

This is different. A lawsuit they may not win on humanitarian states rights. Political capital they won't spend because they too smoke dope. So, you can still just do nothing. I support that.

Or, really Congress can make some laws under interstate commerce or even national security to ban the States from.....etc. Or, they can lift the ban on cannabis against all Treaty Provisions.

No, I think it's just right. What you might call a solid beach head.

After it sediments just a bit more, there will be a few more States. Then it will have turned around, imo. The Feds will have to show harm.

So, baring an outbreak of interstate reefer madness murders, or something impossible, but feared, then we are good. Phase 1 is Done.

Then the fear will subside and ganja will be out of the closet; served at all the fancy Diplomatic parties, again....after only a hundred years.
 
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