GOP's Emmer: 'The State Certainly Does Have The Right' To Overturn Federal Laws

[depakid]

Minnesota state Rep. Tom Emmer, the presumptive Republican nominee for governor, has further expounded on his theories of nullification, declaring that states have the power under the Constitution to undo federal legislation.

There's one problem that Emmer and other nullifiers -- or to use a modern term from the blogosphere, "Tenthers," after the Tenth Amendment -- would face: State nullification of federal laws has consistently been found to be unconstitutional throughout this country's history.

MinnPost asked Emmer about his support for a http://tpmdc.talkingpointsmemo.com/2010/06/emmer-defends-nullification-minnesotans-should-have-a-say-in-the-laws-that-govern-them.php">proposed state constitutional amendment that would presumptively nullify all federal laws in the state of Minnesota, declaring that they only take effect if the governor and two-thirds of each House of the Minnesota legislature were to sign off.

Interestingly, Emmer minimized his role in that proposal, saying that he was only a co-sponsor. Instead he pointed to a different proposal, of which he is the chief author, which would provide an alternative avenue for the state to reject federal laws.

Under Emmer's proposal, no federal mandate upon the state would be honored by Minnesota unless the governor, Speaker of the state House and state Senate Majority Leader were to issue determinations that the federal government has the power to legislate in that area. If any of those three officials were to determine that the federal government does not have the relevant power, the mandate could not take effect unless the legislature passed a law specifically applying it.

MinnPost pointed out to Emmer that this idea runs afoul of the Supremacy Clause of the Constitution, which established that federal laws are the "supreme Law of the Land" to which states are bound. It was only noted that Emmer's method skips the traditionally accepted manner for states to challenge a federal law, to file a lawsuit and adjudicate the matter in the courts. Emmer responded that this is the "preferred mechanism by some. That is usually federal-leaning constitutionalists." But he said the states shouldn't wait for courts to determine the scope of the federal government's authority.

More: http://tpmdc.talkingpointsmemo.com/2010/06/gops-emmer-the-state-certainly-does-have-the-right-to-overturn-federal-laws-no-they-dont.php?ref=fpb

[KonaKane]

1. Somebody is basically ignorant about how our system works.

[Historic NY]

2. Really.....that was decided back in the 1860's too.

[laconicsax]

7. Try 1830s.

There was that whole "Nullification Crisis" thing that sorted this problem about 180 years ago.

[Hardrada]

10. Andrew Jackson had to set John C. Calhoun straight on this

with a scarcely-veiled threat.

[apocalypsehow]

12. It wasn't "veiled" at ALL: Jackson threatened to hang him as a traitor. Period. n/t.

[Pirate Smile]

3. President Obama truly has driven Republicans insane.

[HillWilliam]

14. They were already nuckinfutz

Having a scary black man in the White House was just the last straw to push them out in the open with their batshittery. :P

[hobbit709]

4. Let him try

Watch him get slapped down hard. With a little luck, he might try to tell a Federal Judge off-I would pay money to see that.

The last time someone tried to tell Uncle Sam they didn't have to follow Federal law didn't work out so well back in 1865.

[The Magistrate]

5. The Lunatics Are Out On The Lawn, Sir

People like this simply cannot be a majority....

[Warpy]

8. Unfortunately, they don't have to be

When enough lunatics band together and convince each other--and the majority--that the laws either don't apply to them or are too troublesome to enforce, they gain power by simply refusing to obey them.

It's easy to "win" if you throw the rulebook out and everyone else is still playing by it.

[depakid]

9. Remins me of the famous Goethe quote

“There is nothing more terrible than ignorance in action.”

[Warpy]

6. Emmer has some reading to do

or he's going to be in for a series of truly ugly surprises should the people of Minnesota take complete leave of their senses and elect him.

[aquart]

11. He dreams of being king of Somalia. He just doesn't know it.

[krabigirl]

13. oh, like marijuana laws? great! lol, I bet he is all for federal law for that one.

[KamaAina]

15. Is there a Ft. Sumter up there?

This guy could end up making us miss Pawlenty! :eyes:

[Odin2005]

16. Wow, this nut-fuck is even crazier than I thought!

:scared: