recent states rights ideas

[BSH]

There have been a few recent threads about bills in a few states purported to "restore state sovereignty" or some such notions. Readers here tend to look at such measures with favor. Here's a different point of view.

From Findlaw

Why the Tenth Amendment "Nullification" Arguments Against the Stimulus Bill Are Sheer Folly – and Why It's Disturbing that So Many Years After the Civil War, They Are Still Being Raised
By EDWARD LAZARUS
Thursday, March 12, 2009

In this space, over the span of many years, I have written often about the long shadow that the Civil War, now more than 140 years behind us, still casts over contemporary lawmaking. The events of this week have brought fresh reminders of how true this is – how legal arguments that one might have thought had been safely buried under the bloody fields of Gettysburg are now being resurrected as if unsullied by a Confederate history and how, no matter how much progress we make as a nation, old ideas – and bad ones – still find their way forward in difficult times.

In the wake of the passage of the stimulus bill, it was widely reported that a bevy of states, many of them so-called "red" states, entertained legislation purporting to declare the federal legislation "unconstitutional" – as, allegedly, a violation of rights guaranteed the states under the Tenth Amendment – and asserting a right of individual states to ignore the law. Stripped of the rhetoric about the immorality of the stimulus package, what these states are proposing is plain and simple a constitutional scheme under which states have a right to "nullify" any federal laws that they deem to intrude on their prerogatives.

I submit for your consideration and thoughts. I have my own thoughts, but no time to post now. I'd love to contact the author and let him know what I think, but couldn't find any contact info at Findlaw's web site. If anybody knows how to get in touch with him, I'd be happy to find out.

[scotty2hotty89]

I’m not sure that he has even made a point. He is trying to paint people who believe that this country should still be bound by the constitution, as confederate rebels. And it appears as though he has absolutely no clue how our government is structured. Someone needs to explain to him that that the States existed first and they came together and agreed to unite. They did this by passing the constitution, which very clearly and purposefully defines the scope of this new federal government. And his notion that this is all about the stimulus is bs, this has been a long time coming. He says that this is some ploy to nullify federal laws, like that is a bad thing. It is the fed that has been rebelling, not the states. If the founding fathers would have wanted all of the governmental power to be given to the fed, why wouldn’t they have said so? Why would we even have states? He is clearly one of those who believes that the constitution is a living document, because in no way by a common sense reading of the constitution can it be implied that the fed is the end all of our government.

[kadar]

I remember this started around 1993 with Colorado. (passed April 1994)
It started a few other states to introduce the 10th amendment "revival". Unfortunately the country was too involved with what was going on in Waco and everyone lost interest.

[camper]

From Findlaw

In the wake of the passage of the stimulus bill, it was widely reported that a bevy of states, many of them so-called "red" states, entertained legislation purporting to declare the federal legislation "unconstitutional"

What this guy is trying to say and imply, is that republicans are spiteful, bitter people. HOWEVER...out of the 20 states that have been said to be entertaining this idea, it becomes interesting to see his bias in reporting when you break it up by state:

Red States: 10, 74 electoral votes.

*Arizona (10)
Alaska (3)
Alabama (9)
Arkansas (6)
Georgia (15)
Idaho (4)
Kansas (6)
*Oklahoma (7)
*Montana (3)
*Missouri (11)

Blue States: 10, 141 electoral votes.

California (55)
Colorado (9)
*Hawaii (4)
Indiana (11)
Maine (4)
*Michigan (17)
*New Hampshire (4)
Nevada (5)
Pennsylvania (21)
*Washington (11)

The states with the "*" are the 8 states that have actually introduced the resolutions, the ones without were rumored. But even breaking that up, we can clearly see that out of the 8, 4 states were red and *gasp* 4 were blue. Out of the 20, 10 were red and *gasp...agains* 10 were blue.

When you breakup by electoral votes, red has 74 total with 31 coming from the original 8, and blue has 141 total with 36 coming from the original 8.

So while the author was trying to paint the evil republican red states as civil war wannabes, he fails to notice (or mention) that they are only HALF of the states, and the democratic party stands to lose more electoral votes than the blue states would no matter which way you look at it.

Very biased writer, but I'm not surprised. Just pissed off.

camper

[Bug44]

I agree with Camper...
This needs to happen, I encourage you to watch this little movie if you have the time...

If you have the time watch it...very very very very good!!!..

http://video.google.com/videoplay?do...43120756&hl=en

It will shed some light on the (Shadow Government). We are in a downward spiral and we the people are running out of options... Before we are turned into sheepole we have to stand up and fight for our rights, No we don’t have to physically fight, we need to fight laws and vote the right people in... If push comes to shove, then get ready for a big one... Lock and Load boys!

[adymond]

What this guy is trying to say and imply, is that republicans are spiteful, bitter people. HOWEVER...out of the 20 states that have been said to be entertaining this idea, it becomes interesting to see his bias in reporting when you break it up by state:

Red States: 10, 74 electoral votes.

*Arizona (10)
Alaska (3)
Alabama (9)
Arkansas (6)
Georgia (15)
Idaho (4)
Kansas (6)
*Oklahoma (7)
*Montana (3)
*Missouri (11)

Blue States: 10, 141 electoral votes.

California (55)
Colorado (9)
*Hawaii (4)
Indiana (11)
Maine (4)
*Michigan (17)
*New Hampshire (4)
Nevada (5)
Pennsylvania (21)
*Washington (11)

The states with the "*" are the 8 states that have actually introduced the resolutions, the ones without were rumored. But even breaking that up, we can clearly see that out of the 8, 4 states were red and *gasp* 4 were blue. Out of the 20, 10 were red and *gasp...agains* 10 were blue.

When you breakup by electoral votes, red has 74 total with 31 coming from the original 8, and blue has 141 total with 36 coming from the original 8.

So while the author was trying to paint the evil republican red states as civil war wannabes, he fails to notice (or mention) that they are only HALF of the states, and the democratic party stands to lose more electoral votes than the blue states would no matter which way you look at it.

Very biased writer, but I'm not surprised. Just pissed off.

camper

Camper,

You need to stop letting facts, logic, and reason interfere with a perfectly hysterical emotionally driven partisan attack.

[camper]

Camper,

You need to stop letting facts, logic, and reason interfere with a perfectly hysterical emotionally driven partisan attack.

I know, I know...I'm sorry. I'll go back to my old liberal ways and never introduce those terribly inconvenient things in my arguments again...

camper

[adymond]

I know, I know...I'm sorry. I'll go back to my old liberal ways and never introduce those terribly inconvenient things in my arguments again...

camper

You are learning Grasshopper. One day you will be wise enough to just believe what you are told. Life is much easier if you go through it with your eyes and ears closed.

[archangel689]

Edward P. Lazarus, Partner
elazarus@akingump.com

Office

* Los Angeles
* T (1) 310.552.6449
* F (1) 310.229.1001



How's that for humorous. Have a blast.

[adymond]

Edward P. Lazarus, Partner
elazarus@akingump.com

Office

* Los Angeles
* T (1) 310.552.6449
* F (1) 310.229.1001



How's that for humorous. Have a blast.

Surprise surfuckingprise this shit was written by some asshat in LA. You know the place they are banning .50 BMG rounds to help reduce gang crime. I mean you know all those drive-bys that are being done with 6' long rifles that weigh about 30 pounds. Fucking idiot!