STATES seek to nullify OBAMA efforts

But opponents of sweeping nullification measures paint them as misguided, often politically motivated, and likely unconstitutional attempts to zero out reasonable and well-intended federal initiatives.

And that’s not just coming from the left. The Heritage Foundation, a conservative think tank, argues that nullification is not the answer to states’ concerns.

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- + reset “There are a rising number of people who are frustrated with what Washington is doing, which is a perfectly legitimate and, in my opinion, correct view of, ‘How do we push back?’” Matthew Spalding, vice president of American Studies for Heritage, told POLITICO. “Unfortunately, there’s a minority in that group that thinks nullification is the answer, by which they mean good old-fashioned, South Carolina, John C. Calhoun nullification. That’s deeply mistaken and unfortunate.”

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Spalding said states’ better options include legal challenges, not funding federal laws, or even refusing to enforce them - but not overruling federal laws with state ones.

“Ironically, the people who say they are trying to defend the constitution are doing something to undermine it,” he added. “This is sort of a Hail Mary pass. These are in most cases state legislators who are very frustrated. They’re figuring out how to stop these things, how to turn the course of the nation, in my opinion for good reason, and they’re being told the Supreme Court just upheld [Obamacare], this guy has been reelected, what can we do? And someone comes around and says, ah, you can nullify law.”

Another nullification opponent, the Brady Center to Prevent Gun Violence, said it’s prepared to fight the recent crop of state gun bills in the courts.

“They are outrageous,” said Brady Center legal director Jon Lowy. “It’s disturbing that there are [state] legislators who are so willing to violate the [U.S.] Constitution but also that they have so little concern for public safety. They [nullification measures] would greatly threaten public safety if they weren’t so patently unconstitutional, so we expect that courts will rather quickly wipe them off the books.”

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Robert A. Levy, chairman of the libertarian Cato Institute, told POLITICO that the wave of nullification bids is the result of a “highly polarized” political atmosphere in the country.

“Wen you get that polarization you’re going to get these sort of radical proposals,” he said. “So you’re seeing an increase in these sorts of things. A state, or a city, for that matter can refuse to enforce a federal law and even refuse to expend any money to help the feds enforce any law, but that doesn’t mean that they can stop the feds from enforcing their own laws.”

Looking ahead, the next skirmish over nullification will likely be in the Midwest this fall. Missouri lawmakers are gearing up for a contentious September veto session, with opponents of the state’s gun nullification bill hoping to keep it off the books and proponents saying they have enough votes to override the governor’s veto.



Read more: [link to www.politico.com]
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Politico may not seem like a good place to quote from, but this article gives me some hope, maybe in vain, but hope still. Ms.S.D.



Last Edited by Ms. Superduper on 07/28/2013 12:52 AM