NFOA MEMBERS FORUM
General Categories => Laws and Legislation => Topic started by: NENick on November 14, 2012, 03:27:10 PM
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Can't we start passing State laws that make enforcing Federal laws a crime? Punishable with jail time/ fines for the Federal Agents?
Of course those federal laws would need to be unconstitutional.
What can we do to start making our State stronger and less dependent on the Federal government?
I'm looking for ways to see the Federal/State boundaries strengthened/enforced.
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Can't we start passing State laws that make enforcing Federal laws a crime? Punishable with jail time/ fines for the Federal Agents?
Of course those federal laws would need to be unconstitutional.
What can we do to start making our State stronger and less dependent on the Federal government?
I'm looking for ways to see the Federal/State boundaries strengthened/enforced.
For more on this question, read my friend Tom Woods' book, "Nullification: How to Resist Federal Tyranny in the 21st Century"
http://amzn.com/B0057D8U2U (http://amzn.com/B0057D8U2U)
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That's a legal can of worms.
Look at the mary jane laws.... or possibly AZ immigration stuffs.
The Federal Gov't has also been successfully twisting the Commerce Clause to way over reach their intended powers (imho). The recent Individual Mandate SCOTUS decision is an exemplary example of this.
SCOTUS has been relatively favorable to 2A issues... so... maybe.
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Non-compliance / non-implementation of certain laws might be quite applicable. Just as a matter of 'turn about'. The Pres has gone on record before about refusing to enforce certain laws because of his belief of them being unConstitutional or something (might have had to do with gay rights or marriage or something). Wonder if something similar would work on the local level.
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SCOTUS has been relatively favorable to 2A issues... so... maybe.
Until Barry O appoints 1 of a possible 5 SCOTUS slots opening up in the next 4 years. Then the SCOTUS will definitely be 2A unfriendly.
God help us all.
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Last i was aware...federal trumps state if feds want to enforce anything.
Of course, that would mean the feds actually have to do something.
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Last i was aware...federal trumps state if feds want to enforce anything.
Of course, that would mean the feds actually have to do something.
They would love to make an example out of one of us freedom loving Constitutionalist.
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Last i was aware...federal trumps state if feds want to enforce anything.
Of course, that would mean the feds actually have to do something.
10th Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
So in theory and if you actually believe in the constitution, no. In practice, you're correct. The Federal government all but ignores the 10th Amendment. Their abuse of the Commerce Clause is especially bad. They use that to justify all kinds of overreach.
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10th Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
So in theory and if you actually believe in the constitution, no. In practice, you're correct. The Federal government all but ignores the 10th Amendment. Their abuse of the Commerce Clause is especially bad. They use that to justify all kinds of overreach.
Thanks for the clarification.
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10th Amendment? Didn't FDR get rid of that long ago? Thank God the Constitution is a living, breathing document!
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This has been a hot topic for a couple of years, the 10th Amendment has basically been abandoned for round figure 100 years and many states with the encouragement of the people have started to push back. At this time there is a law that has been passed in 7 states that is a 10th Amendment issue but is working with the 2nd Amendment. Check out http://firearmsfreedomact.com/ (http://firearmsfreedomact.com/) There has not been any movement on this in quite a while, it was put on hold while the Nordyke case in California was completed, this was a roughly 10 year 2nd Amendment case heard in the same appelate court. Nordyke was settled last summer so we may get some movement in the courts once again on this.
Last year the NFOA proposed to a couple of Senators having a similar bill brought up here but due to the short session and knowing it would have no chance it was sidelined so Senators could introduce other bills they felt they could get passed. I will be bringing this back up as an issue with a couple of Senators shortly, the newly elected Senators are getting their briefings and training this week and will start getting set up next, then the fun starts.
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I love the 10th amendment and the whole federal republic / states rights / etc... but it has indeed fallen by the wayside over the last X years :(.
A lot of problem comes from the Fed gov't doing something, and the States not complaining. I honestly dunno why there are clearly cut Constitutional lines and things that are quite illegal... but... never get challenged. Why can't such a trial case not be a single phrase repeated ad-nauseum ?
Commerce clause to me is pretty straight forward, but I'll agree it's been abused to all holy fsck. I'd like to see nice solid case law to restrict it so that the b.s. abstractions come to a swift end. But, turtle muffins in one hand, wish in the other.