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-   -   U.S. Issues Who said nullification didn't exist or ever happen? (http://www.chiefsplanet.com/BB/showthread.php?t=266295)

BucEyedPea 11-07-2012 06:22 AM

Who said nullification didn't exist or ever happen?
 
Colorado and Washington State legalized recreational use of marijuana last night. This, in essence, is nullification of federal law.

La literatura 11-07-2012 06:29 AM

Actually, there are a number of laws that lead to contradictory results at the state and federal level. Often, federal legislation will include a provision that says something that indicates laws to the contrary at the state level will be preempted by the supremacy clause. Or, conversely, the federal legislation will defer to state law.

BucEyedPea 11-07-2012 06:33 AM

Quote:

Originally Posted by Literature (Post 9094444)
Actually, there are a number of laws that lead to contradictory results at the state and federal level. Often, federal legislation will include a provision that says something that indicates laws to the contrary at the state level will be preempted by the supremacy clause. Or, conversely, the federal legislation will defer to state law.

The supremacy clause only applies where the Constitution has authority though. So no. Not that the left won't try to butcher the document in some way—again. Remember real ID was nullified too.

La literatura 11-07-2012 06:35 AM

Quote:

Originally Posted by BucEyedPea (Post 9094453)
The supremacy clause only applies where the Constitution has authority though.

Can you give me an example of where the Constitution doesn't have authority regarding federal law?

BucEyedPea 11-07-2012 06:36 AM

Nope

tiptap 11-07-2012 07:17 AM

Quote:

Originally Posted by Literature (Post 9094456)
Can you give me an example of where the Constitution doesn't have authority regarding federal law?

She simply means that those provisions not specifically in the Constitution are reserved to the States. It is a strict Constitutional interpretation.

King_Chief_Fan 11-07-2012 07:38 AM

Quote:

Originally Posted by BucEyedPea (Post 9094433)
Colorado and Washington State legalized recreational use of marijuana last night. This, in essence, is nullification of federal law.


well, don't you think that legalization was for shits and grins as it won't be upheld

Brock 11-07-2012 07:55 AM

Quote:

Originally Posted by King_Chief_Fan (Post 9094602)
well, don't you think that legalization was for shits and grins as it won't be upheld

stuck in the past I see.

htismaqe 11-07-2012 08:08 AM

Quote:

Originally Posted by King_Chief_Fan (Post 9094602)
well, don't you think that legalization was for shits and grins as it won't be upheld

Upheld?

BucEyedPea 11-07-2012 08:09 AM

Quote:

Originally Posted by King_Chief_Fan (Post 9094602)
well, don't you think that legalization was for shits and grins as it won't be upheld

How do you know? Real ID was never implemented by the states who were in protest over it.
With the current SC makeup, even with the liberals there, if this were taken there, you don't think the Tenth Amendment wouldn't be upheld?


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