Telling the stories that the mainstream media no longer tell.

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 14 other subscribers

Archives

Categories

Follow me on Twitter

February 2017
M T W T F S S
« Mar    
 12345
6789101112
13141516171819
20212223242526
2728  

Nullification Of Obama

Just because the federal government issues regulations, it is not necessary for states to abide by them, as noted both by Thomas Jefferson and, later, James Madison. A few months ago, Kansas effectively nullified some federal gun control regulations, which naturally got racist AG Eric Holder’s panties in a twist:

Earlier in 2014, the Kansas state legislature enacted a law stating that some federal gun control regulations would not be obeyed in Kansas. U.S. Attorney General Eric Holder immediately notified Governor Sam Brownback that this new state law was unconstitutional. He cited Article VI of the U.S. Constitution, specifically its “Supremacy Clause,” to support his stand.

As is customary among federal officials, Holder relied on only a portion of this clause, the part stating that laws of the United States “shall be the supreme law of

English: Official portrait of United States At...

English: Official portrait of United States Attorney General Eric Holder Español: Retrato oficial de Fiscal General de los Estados Unidos Eric Holder (Photo credit: Wikipedia)

the land” binding all the states. But a more complete look at this clause shows that federal laws are legitimate only if “made in pursuance thereof” of the Constitution. In other words, if a federal law is not in keeping with, or exceeds, the powers granted in the Constitution, it can rightly be declared illegitimate and not obeyed.

Holder’s thus far not taken any legal action, which in itself is surprising. But he seems to be waiting to see what happens, as the Brady Bunch has filed suit, seeking to overturn the Kansas law.

Assuming that the law stands, as seems likely given the clear federal overreach, the implications could well be immense: out-of-control agencies such as the IRS and the EPA may well find that many of their rules and regulations fail to meet the Constitutional standard as well, and thus may be ignored by states who choose to overrule them. For proponents of Big Government, this possibility may not be a fatal blow, but will surely stagger them.

No Comments Yet

This site sponsored by:

YOU! Your message could reach thousands of online consumers. Click CONTACT to inquire about advertising rates.

Paid advertisement

  • Column: States rights across the aisle February 22, 2017
    It’s not unusual for political dynamics to shift as political powers shift at the federal level. But the dynamics are changing pretty quickly as we enter the second month of President Donald Trump’s administration. Notably, Democratic governors and mayors have been defending their values and speaking for their constituents with an argument often used by […]
  • Democrats call, again, for action on ‘levy cliff’ February 22, 2017
    Some school districts may have to send out pink slips if the state legislature doesn’t pass the Democrats’ “levy cliff” bill, argued Democratic leadership at their weekly press conference Tuesday. “I’m hearing from superintendents too,” said Rep. Kristine Lytton, Anacortes, at the press conference. “They are trying to dig into the complexity of the senate […]
  • GOP leaders defend education funding plan, criticize Democrats’ plan February 21, 2017
    After facing criticism for their budget plan, Republican leaders defended their education funding proposal Monday at a press conference, and made their own criticisms of the Democrat’s levy cliff bill. Washington GOP legislators’ plan is to implement something of a “levy swap” to fund education in Washington. Background Senate Republicans announced their plan Jan. 27 […]
  • Free for a Limited Time Four More Years February 22, 2017
    Washington DC’s H Street streetcar has failed in just about every way possible. The 2.2-mile line cost $200 million, which is enough to build ten to twenty miles of four-lane freeway; it opened years behind schedule; and–despite being free “for a limited time”–it carries a paltry 2,400 people per weekday, which in a sane world […]
  • Congestion Cost U.S. $295 Billion in 2016 February 21, 2017
    Speaking of congestion (as the Antiplanner was yesterday), a new congestion scorecard from Inrix estimates that congestion cost America $295 billion in 2016, which is more than 1.5 percent of 2016 GDP. Where the Texas Transportation Institute’s previous estimates of congestion costs counted only the cost to commuters, Inrix adds costs to consumers who must […]
  • Good News and Bad News February 20, 2017
    Good news: The United States had 56,000 structurally deficient bridges in 2016. That’s good news because the number in 2015 was nearly 59,000. In fact, the number has declined in every year since 1992 (the earliest year for which records are available), when it was 124,000. The American Road and Transportation Builders thinks 2016’s number […]