now if only it will pass
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Funny how it works, Fed says AZ can't enforce federal immigration law but hey demand the states enforce federal gun laws.
True but where are the Feds going to get the funds to enforce such laws in the now dozen or so states that are passing these laws? Currently they aren't enforcing immigration and pot laws.
Sb548
Your friend is more intelligent than Jefferson and Madison who authored the Kentucky and Virginia Resolutions? Doubtful. But then again, maybe Jefferson was on MJ when he stated nullification was "the rightful remedy" to a central government gone evil.
^^^^ This. Well intentions, but it won't work. According to the below, there may be another way. Interesting read, to say the least.
http://www.americaagainnow.com/can_nullification_beat_obama
Can Nullification Beat Obama?
Posted by David Zuniga on January 17, 2013
This week, Rep. Steve Toth announced his plan to file a bill in the Texas Legislature making it a felony for anyone, including a federal employee, to enforce any Obama administration infringement of the right of Texans to keep and bear arms. Legislators in Missouri and other states followed suit, and patriotic citizens are cheering.
Just one problem: any State nullification action on a federal matter falls under 28 USC 1441, Removal Jurisdiction.
Obama and the feds can beat the rap
So the fix is in. Congress passed this demonically clever law to allow its own federal courts to spring its federal thugs -- even members of Congress themselves! -- from State custody when indicted, even on State crimes as long as the matter in question is a federal matter.
Here's how it plays out. Say federal thug Joe Jackboot tries to enforce a gun-grabber law passed down from Obama's throne, against a Texan. Say the Texas court instructs a Texas Ranger or sheriff to arrest Mr. Jackboot for violating the new Texas nullification law. Mr. Jackboot has only to file a one-page Removal Jurisdiction request with the federal magistrate, and that same day, he walks. That's 28 USC 1441; a get-out-of-jail-free card, courtesy of Congress.
The federal thug violates a State law but the matter in question (firearms) falls under the Second Amendment to the U.S. Constitution -- it's clearly a federal matter. On this or any other federal matter, State nullification actions can't stop federal thugs; like a BB gun against a rhinoceros. Fire as many times as you like; no effect.
Time to End the role-reversal
The States are the creator parties to the US Constitution, and the federal government is the creature (creation) of that Constitution. Jefferson and Madison agreed that when the federal servant slips its leash, it can't judge its own case; the creators -- the States -- have to do so. But those two founding fathers differed on how the States should stop the federal servant.
Jefferson preferred nullification -- after the federal servant violates the Constitution, the State legislature thumbs its nose at its federal servant. That's what we've seen playing out in the State legislatures (and with many State attorneys general and governors) for the past years. Madison -- the father of the Constitution -- preferred interposition. That means the State gets in between the federal servant and its citizen sovereigns, to stop the federal servant, "judge of the onfraction, and apply remedies".
AmericaAgain! is taking Madison's plan
AmericaAgain!, a perpetual charitable trust, is taking Madison's plan. We are targeting the big fish in Congress; forget lowly federal thugs, they're only following orders.
The AmericaAgain! Indictment Engine™ is a set of algorithms that harmonize the politician's violations of the U.S. Constitution with his State Penal Code violations, leaving no federal question. All plaintiffs being AmericaAgain! members also resident in the defendant's State, there is also no federal diversity jurisdiction.
According to 28 USC 1441(a) itself, the federal courts at any level are out of luck; they have neither original or appellate jurisdiction.
We The People now go on offense against those members of Congress involved in organized crime. And as for presidents like Obama -- remember that Congress funds every action of presidents. No funds, no action.
A Target-Rich Environment
Forget the latest gun-grab attempt; it's just our wake-up call. Consider these three mega-crimes, out of hundreds...
1) Congress' FED counterfeiting concession celebrates its 100th anniversary this year. It is driving our economy and that of the whole world into Great Depression II. Most analysts think it's an even bet that the wheels come off this year; the end of a counterfeit 'dollar' made of fraud, debt, and paper printed by the FED cartel. Get ready; it's coming.
2) Congress' credit card debt isn't $16 trillion; it's $122 trillion and growing (fast) when you include all unfunded liabilities...Medicare, Medicaid, Social Security, unemployment, prescription drug benefits, etc. There exists no mathematical possibility of servicing that liability on today's demographic curve. Default is ahead -- and it's Congress' fault.
3) Congress' new $1 billion NSA spying center in Bluffdale, Utah should never be opened. It is an egregious violation of the Fourth Amendment; even China hasn't reached that level of spying on its employers' telephone calls, emails, and sales receipts. Approved and funded by Congress, this may be the most staggeringly tyrannical, lawless project ever attempted against a free people.
The Empire Strikes Back
We The People now have a plan, too! Without divulging how the AmericaAgain! Indictment Engine™ works, I will say that AmericaAgain! intends to have State courts seeking indictments against members of Congress this year.
Whatever we face in the coming economic maelstrom, We The People can assure that this recovery is durable. Senator and congressman, if you're aiding and abetting crime, we're coming for you.
Obama is our long-overdue wake-up call. So-called 'assault weapons' aren't what Washington DC should fear. We The People will have much bigger guns in up to 535 State criminal courts from now on. Barack Hussein Obama's legacy is pure irony -- he did not start Marxism in America. He has finished it.
Copyright 2013 AmericaAgain! Trust
I ain't saying that my friend is smarter than Madison or Jefferson. But he has taught government for over 35 years and has a PH.D. So yeah, he is very intelligent. But I guess you guys know more than him. I forgot how smart some of you are in politics. I hope that this does pass, don't get me wrong. I am just saying that I wouldn't get too excited about it. Yes it does look good to us 2A folks because it shows the government that we aren't gonna take it lying down. And maybe that is the Senators point. And the comment about the government not cutting funding off to the liberal states that have legal weed. We aren't talking about marijuana. We are talking about our controlling government wanting to disarm us. It is totally different. And if the AWB passes or registration or anything that can erode our rights you can bet on it that the feds will cut our funding off if we don't comply. And as for your resolutions that you mentioned. Read this: Numerous scholars (including Koch and Ammon) have noted that Madison had the words "void, and of no force or effect" excised from the Virginia Resolutions before adoption. Madison later explained that he did this because an individual state does not have the right to declare a federal law null and void. Rather, Madison explained that "interposition" involved a collective action of the states, not a refusal by an individual state to enforce federal law, and that the deletion of the words "void, and of no force or effect" was intended to make clear that no individual state could nullify federal law.[ It is stated many times over that these resolutions could not trump federal law. So your quotes of these two resolutions have no bearing on what I said. So in a way, my friend is smarter than those two because he knows that our states rights cannot supersede US law. But like I said, I hope that it does pass and that other states do the same thing so we can show them that we mean business. I am not posting this to get into an argument with anyone. Just wanted to give a heads up because I didn't know if this bill were to be passed if it would actually be able to nullify federal law. Now I know that it can't.
I think that bills like this only matter if ALL red states enacted them. Not because I think we'll be throwing Feds in prison cause I just don't see it happening that way, but as a massive show of opposition. Even though I think your friend is right, I also think states need these bills whether they be enforceable or not. We need disobedience on a national level.
Agreed.
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