Nullification. Right to disregard unconstitutional laws.

Discussion in 'Political Opinions & Beliefs' started by freemarket, Sep 2, 2014.

  1. Ronstar

    Ronstar Well-Known Member Past Donor

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    you can ignore all the laws you like.

    but there may be serious legal consequences.
     
  2. danielpalos

    danielpalos Banned

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    We have our Ninth and Tenth Amendments for a reason.

    We have a Commerce Clause.

    There is no longer any social Power to Prohibit forms of Commerce among the several States since the repeal of that bad idea in modern times.

    Regulation cannot include Prohibition without that term being expressly declared. That social Power was repealed last millennium, why repeat that historical mistake in modern times?
     
  3. freemarket

    freemarket New Member Past Donor

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    Here are express references to God in our Declaration of Independence:
    •…The Laws of Nature and of Nature’s God…
    •…endowed by their Creator with certain unalienable Rights…
    •…appealing to the Supreme Judge of the world for the rectitude of our intentions…
    •…with a firm reliance on the protection of divine Providence…

    Our Constitution at Art. VII, last clause:
    •…in the Year of our Lord one thousand seven hundred and Eighty seven…
    The Declaration of Independence sets forth the Principles which were fleshed out – more or less perfectly – in Our Constitution.

    The key is the 2nd paragraph, which begins:


    “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. – That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, – That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…” [emphasis added]

    The Bible shows that God gave us a great many rights such as to earn, keep, and inherit private property; to defend ourselves; to worship God; and to live our lives free from meddling and interference as long as we observe the God-given Rights of others.
     
  4. danielpalos

    danielpalos Banned

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    Correcting for market failures or market inefficiencies is one way Socialism can bailout Capitalism, like usual. Promoting the general welfare could entail solving for simple poverty in our republic.

    Providing for the general welfare could simply be providing for a general tax on corporations to ensure funding for unemployment compensation that conforms to our existing federal doctrine in American law and the laws of the several United States regarding employment at will.

    Only socialism strives to manufacture morals that may enable Man to become an Angel on Earth and have no need for the Expense of Government.
     
  5. TexMexChef

    TexMexChef Well-Known Member

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    Show where the Federalist papers hold the weight of law. Show that the Confederacy [13 colonies]signed among their union ratification of the Federalist papers as law.

    The federalist papers hold no more weight in the law as does the Declaration of Independence. Show any judicial reasoning from the Supreme court or any federal court using the federalist papers as reasoning.
     
  6. freemarket

    freemarket New Member Past Donor

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    That is because our government is lawless and we no longer have a democratic republic. Even they know that this is coming to an end.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."
    TJ
     
  7. danielpalos

    danielpalos Banned

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    The Federalist Papers explain the federal doctrine and our republican form of Government.

    - - - Updated - - -

    Some on the left are unconvinced by the soothsayings (for free but on a potential contingency basis) of the right, and believe more credible metrics of doomsday tax rates discussions would help establish more confidence in their sincerity.
     
  8. yguy

    yguy Well-Known Member

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    Actually, while any unpleasant consequences incurred by a state refusing to abide by an unconstitutional statute would presumably be imposed under color of federal law, that hardly makes them legal. ;)
     
  9. freemarket

    freemarket New Member Past Donor

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    You are missing the basic point that the Constitution is what they all swear to uphold. It is their boss when entering office to be servants of the Constitution and the people. They do not have the authority to rule on issues outside what is given them in the Constitution based on precedence because the very first time it was illegallyruled on in no way gives them the authority to keep usurping the powers granted to them.
     
  10. domer76

    domer76 New Member

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    The 15th Amendment does. Now, back to the god thing. No god at all in the Constitution
     
  11. freemarket

    freemarket New Member Past Donor

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    The Constitution is about the Powers which We the People delegated to the 3 Branches of the Federal Government. It is NOT about Our Rights, which come from God, are unalienable, & predate the Constitution! We created the Constitution & the federal government! Why would the Creator (that’s us) grant to our “creature” (the federal courts), the power to determine & define OUR Rights?

    THIS is what happens when we substitute the Constitution for God as the Source of our Rights. You must always insist that your Rights to Bear Arms – to defend yourself – are unalienable and come from God, not the Second Amendment! Don’t forget that We had that Right before the Constitution was ratified. The same principle applies to all of our Rights. If, like the Declaration of Independence, we insist that they come from God and are unalienable, no human court or legislative body can take them away from us.
     
  12. freemarket

    freemarket New Member Past Donor

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    You have been misinformed.
    Here are express references to God in our Declaration of Independence:
    •…The Laws of Nature and of Nature’s God…
    •…endowed by their Creator with certain unalienable Rights…
    •…appealing to the Supreme Judge of the world for the rectitude of our intentions…
    •…with a firm reliance on the protection of divine Providence…

    Our Constitution at Art. VII, last clause:
    •…in the Year of our Lord one thousand seven hundred and Eighty seven…
    The Declaration of Independence sets forth the Principles which were fleshed out – more or less perfectly – in Our Constitution.

    The key is the 2nd paragraph, which begins:


    “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. – That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, – That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it…” [emphasis added]

    The Bible shows that God gave us a great many rights such as to earn, keep, and inherit private property; to defend ourselves; to worship God; and to live our lives free from meddling and interference as long as we observe the God-given Rights of others.
    On top of this every state constitution but I believe Oregon makes references to God.
     
  13. TRFjr

    TRFjr Well-Known Member Past Donor

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    no it doesn't it just states you cant deny someone access to voting based on race or sex it doesn't give the right to vote


    The Right To Vote

    The Constitution contains many phrases, clauses, and amendments detailing ways people cannot be denied the right to vote. You cannot deny the right to vote because of race or gender. Citizens of Washington DC can vote for President; 18-year-olds can vote; you can vote even if you fail to pay a poll tax. The Constitution also requires that anyone who can vote for the "most numerous branch" of their state legislature can vote for House members and Senate members.

    Note that in all of this, though, the Constitution never explicitly ensures the right to vote, as it does the right to speech, for example. It does require that Representatives be chosen and Senators be elected by "the People," and who comprises "the People" has been expanded by the aforementioned amendments several times. Aside from these requirements, though, the qualifications for voters are left to the states. And as long as the qualifications do not conflict with anything in the Constitution, that right can be withheld. For example, in Texas, persons declared mentally incompetent and felons currently in prison or on probation are denied the right to vote. It is interesting to note that though the 26th Amendment requires that 18-year-olds must be able to vote, states can allow persons younger than 18 to vote, if they chose to.
    http://www.usconstitution.net/constnot.html#vote


    so a state can pass a law that no one left handed can vote and it wouldn't be unconstitutional
     
  14. danielpalos

    danielpalos Banned

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    Doesn't that require the moral rectitude of bearing true witness to our own laws?
     
  15. domer76

    domer76 New Member

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    Poo poo
     
  16. domer76

    domer76 New Member

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    The 15th specifically has words relating to the right to vote. Where are any specific words about god-given anything? Or god at all?
     
  17. TRFjr

    TRFjr Well-Known Member Past Donor

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    the right to vote is granted by the states all the 15th amendment establishes those rights that are granted by the states race and sex cant be used as a disqualifier or qualifier
    so as I stated the feral constitution doesn't give the right to vote there for a state can pass a law stating no left handed people can vote and it would be constitutional

    also would like to add 30 state constitutions mention god
     
  18. JIMV

    JIMV Well-Known Member Past Donor

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    I do not recall ever saying anything about God Given Rights....I simply noted that everything is regulated today and most folk are in violation of some law or regulation at least now and again.

    - - - Updated - - -

    I believe if you read any serious Supreme Court decision, you will find them referenced. While they are not law, they greatly influence law
     
  19. KeepingOn

    KeepingOn New Member

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    Are we going to ignore the whiskey rebellion then?
    When a law proposed by the man you keep quoting (Hamilton) was thought to be unconstitutional by citizens and they tried to ignore it.

    The result is another founding father (Washington) sent troops to quash the rebellion and make them pay the whiskey tax.

    The federalist papers are used to help clarify the intent of the Constitution, they hold no real authority. Not to mention not everyone who signed the Constitution (the supreme law of the land) wrote the federalist papers.

    Your right as citizens is to lobby or elect new officials, not take your ball and go home (while still gaining all the other benefits of the US) when the political system does not go your way.

    That why election reform is of the utmost importance.
     
  20. danielpalos

    danielpalos Banned

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    From Article 1, Section 8: To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
     
  21. KeepingOn

    KeepingOn New Member

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    So no comment about how the founding fathers thought the citizens had no right to ignore the law the citizens thought was unconstitutional then.
     
  22. danielpalos

    danielpalos Banned

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    Not sure what you mean. Our Ninth and Tenth Amendments are very clear.
     
  23. KeepingOn

    KeepingOn New Member

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    My point was that the op heavily quotes the federalists papers to explain the intent of the founding fathers that there exists some right to nullify laws one unilaterally thinks are unconstitutional. My point was that when the founding fathers were presented with such a situation, they did not believe such a right existed and instead used military might to enforce the law (as is the government's right as you pointed out).

    In terms of the ninth and tenth of amendments, I, as many others, are of the camp that they do not grant states or citizens substantive rights.
     
  24. domer76

    domer76 New Member

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    No you didn't JIMV. I responded to the wrong post. My apologies
     
  25. domer76

    domer76 New Member

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    No mention of the Bible in the Constitution either.
     

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