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ponger3d
LSU Fan
Member since Jan 2013
252 posts

Kansas Proclaims right to nullify Federal law


Just read this article about some bill passed in Kansas:


LINK



The important quote


quote:

the bill declare that “any act, treaty, order, rule or regulation of the government of the United States which violates the second amendment of the constitution of the United States is null, void and unenforceable in the state of Kansas,” it bases its legality on the Second, Ninth, and 10th Amendments:




If I remember right this has happened before and the last time it didn't end to well for the southern states.

Does Kansas have the right to do this?







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Springfield XD
Member since Feb 2013
1782 posts

re: Kansas Proclaims right to nullify Federal law


The USSC has been clear on this.





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GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
22405 posts

re: Kansas Proclaims right to nullify Federal law


quote:


the bill declare that “any act, treaty, order, rule or regulation of the government of the United States which violates the second amendment of the constitution of the United States is null, void and unenforceable in the state of Kansas,” it bases its legality on the Second, Ninth, and 10th Amendments:


Yeah and KS will rely on the SCOTUS to make the determination if a law pertaining to the 2nd is constitutional or not.

Seriously, who will make the determination if a law passed pertaining to the 2nd is constitutional or not? If it's SCOTUS, this law has no teeth and is just a move to pander to a certain uninformed electorate.







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lsuroadie
LSU Fan
South LA
Member since Oct 2007
5142 posts

re: Kansas Proclaims right to nullify Federal law


Colorado can sell pot.

CA ignores immigration laws.



KS can sell guns.

No problem.






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ponger3d
LSU Fan
Member since Jan 2013
252 posts

re: Kansas Proclaims right to nullify Federal law


Yeah, it would have no teeth if that happened but if enough states made the same bills, passed them, and then united with one another, it would give it a lot more legitimacy.





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JEAUXBLEAUX
LSU Fan
Bayonne, NJ
Member since May 2006
43610 posts

re: Kansas Proclaims right to nullify Federal law


Thats crazy. Back at the states rights we don't need to integrate days. One country one Federal Law

Same holds true if Supreme Court holds no Gun laws. Would vacate Chicago Dc or NY laws. Same with Abortion laws.



This post was edited on 4/10 at 12:39 pm


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Teddy Ruxpin
LSU Fan
New Orleans, LA
Member since Oct 2006
17152 posts

re: Kansas Proclaims right to nullify Federal law


quote:

Does Kansas have the right to do this?


I tend to think that isn't the right question.

At a certain point, a populace is "supposed" to overthrow an oppressive government. At what point that occurs is academic (What is or isn't oppressive?), since rebellions tend to happen organically, and you can't just go, "THAT did it."

For example, let's say a law was being considered that banned Catholicism. Clearly 1st Amendment unconstutional to most Kansans and probably most everybody else, but this is a thought exercise. Kansas passes this type of nullity bill. Federal Catholicism ban then passes, and Supreme's say its Constitutional. Well, that would make the religion ban nationwide OK since the Supreme's have final say. However, many people would vehemently disagree. Kansas would be supporting the constitutional right of its citizens, yet at the same time, the Supreme's are saying it can't legally do that. Kansas wouldn't have the "right" to protect its citizens against ban according to the Supreme court. However, "Kansas" is really the people who live there, so obviously they would not ban their own religion.

There wouldn't be a legal means or "right" for Kansas to null the law, so that usually leaves one alternative. Violence.



This post was edited on 4/10 at 1:14 pm


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AlaTiger
LSU Fan
Alabama
Member since Aug 2006
12274 posts

re: Kansas Proclaims right to nullify Federal law


Kansas is right. NY, Connecticut, Chicago are wrong.

The 14th Amendment applied the Bill of Rights to the States. So, the 2nd Amendment is the law of the land. You cannot on the one hand force gay marriage down everyone's throats on the basis of the 4th amendment and at the same time ignore the 2nd amendment. It is one or the other. Liberals are trying to have it both ways. Now, I don't think that gay marriage is protected under the Constitution, but the right to bear arms surely is. And, those are the rights of the people and they apply to the states, as well.

Federal Law should have no bearing here and Kansas is right to ignore it.






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50Mullets
LSU Fan
A more civilized age
Member since Oct 2012
1433 posts

re: Kansas Proclaims right to nullify Federal law


I'm pretty sure this whole thing was settled when Virginia tried it about 200 years ago.





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ljhog
Arkansas Fan
Lake Jackson, Tx.
Member since Apr 2009
9913 posts

re: Kansas Proclaims right to nullify Federal law


quote:

I'm pretty sure this whole thing was settled when Virginia tried it about 200 years ago.

Wasn't settled at all and a temporary cessation of hostilities does not alter that fact.






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PaddlingTiger
LSU Fan
St. Louis, MO
Member since Jun 2010
1059 posts

re: Kansas Proclaims right to nullify Federal law


quote:

temporary cessation of hostilities
What on Earth is that supposed to mean?

The Supreme Court rejected nullification in 1816 and has done so in several cases since the initial rejection of the theory. I am not quite sure how these "temporarily ceased hostilities" have anything to do with it.






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Turbeauxdog
LSU Fan
Member since Aug 2004
5622 posts

re: Kansas Proclaims right to nullify Federal law


The supreme court is wrong almost every time a justice puts pen to paper. It's just a matter of how much wrong people will tolerate.





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ljhog
Arkansas Fan
Lake Jackson, Tx.
Member since Apr 2009
9913 posts

re: Kansas Proclaims right to nullify Federal law


quote:

What on Earth is that supposed to mean?

It means now is the time to see if Obama has the stones.






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JEAUXBLEAUX
LSU Fan
Bayonne, NJ
Member since May 2006
43610 posts

re: Kansas Proclaims right to nullify Federal law


and we know he doesn't





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GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
22405 posts

re: Kansas Proclaims right to nullify Federal law


quote:

Does Kansas have the right to do this?


Again from the article:

quote:

Indeed. Not only does the bill declare that “any act, treaty, order, rule or regulation of the government of the United States which violates the second amendment of the constitution of the United States is null, void and unenforceable in the state of Kansas,” it bases its legality on the Second, Ninth, and 10th Amendments.


quote:

The bill has real teeth, as it expands on its declarations that any of these federal government intrusions is null and void. It prohibits any employee of Kansas from helping the federal government to enforce these intrusions and declares as unlawful any attempts by any federal government employee to enforce such intrusions, making such efforts a felony in the state.



In the bill, what legal body will make the determination that the 2nd amendment has been violated? If it's the SCOTUS, this bill has no teeth. If it's the KS legislature and governor, then we can talk about teeth.

For example, if the KS Governor orders gun retail outlets to ignore the federal requirements for background checks (being drafted in congress now), then I'll believe the sincerity of the bill. As it stands now the KS legislature looks like a bunch of chicken hawks. There is no doubt that KS will back down to the federal government if forced to. State legislatures always do. Historically speaking state legislatures are a bunch of pussies.

I'm surprised that this question was not answered in the article. Usually Lew Rockwell is better than this.






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JEAUXBLEAUX
LSU Fan
Bayonne, NJ
Member since May 2006
43610 posts

re: Kansas Proclaims right to nullify Federal law


So if New York or Conn passes some wild law severely limiting guns they can use this to say their state law supersedes the 2nd Amendment? Damn why didn't I think of this. No way





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manwich
UCF Fan
You've wanted my
Member since Oct 2008
52480 posts

re: Kansas Proclaims right to nullify Federal law


i like seeing a little push back from the states





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Jbird
Iowa Fan
In Odramaville with EthanL
Member since Oct 2012
13794 posts
 Online 

re: Kansas Proclaims right to nullify Federal law


quote:

So if New York or Conn passes some wild law severely limiting guns they can use this to say their state law supersedes the 2nd Amendment?


Seems like you missed the part about violating the second as the basis for not enforcing a new fed law. Kinda like Odrama picking and choosing said enforcement of laws, they are learning from the Savior himself.

quote:

Not only does the bill declare that “any act, treaty, order, rule or regulation of the government of the United States which violates the second amendment of the constitution of the United States is null, void and unenforceable in the state of Kansas,” it bases its legality on the Second, Ninth, and 10th Amendments



This post was edited on 4/10 at 3:32 pm


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GumboPot
LSU Fan
Saints Fan
Member since Mar 2009
22405 posts

re: Kansas Proclaims right to nullify Federal law


quote:

So if New York or Conn passes some wild law severely limiting guns they can use this to say their state law supersedes the 2nd Amendment? Damn why didn't I think of this. No way


The KS law has nothing to do with other state laws. The way I read it, the KS law only nullifies federal law that violates the 2nd. But again, who makes the determination that the 2nd has been violated? If it's SCOTUS then this law is useless.







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Bucktown Tigah
LSU Fan
Metairie, LA
Member since Jul 2008
3428 posts

re: Kansas Proclaims right to nullify Federal law


quote:

If I remember right this has happened before and the last time it didn't end to well for the southern states.


Nullification had nothing to do with the war between the states, but nice try though.

Also, it was the northern states that originally enacted nullification for the fugitive slave act.






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