Rasmussen Poll: Nullification more popular than unpopular

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Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
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None of your requests make any sense. That's not how the legislation was written, but that has absolutely nothing to do with whether or not the federal government has that power.

There have been no legal penalties written for defying such things because it isn't done. If a state were to continue to refuse lawfully enacted legislation and court orders to comply with it, eventually of course the federal government could intervene and remove whatever officials were acting illegally. If the state resisted with armed force, of course troops would be sent in to arrest those responsible. EDIT: The most likely offense would be contempt of court, therefore fines and imprisonment would be in order. If they attempted to obstruct justice, were complicit in the death of any federal officials attempting to enforce the law, etc, the sky is the limit. Life sentences, the death penalty, etc.

You seem to be getting increasingly agitated and irrational in this thread. I'm frankly baffled as to why you are trying to argue this.

No I'm not upset at all. I'm pointing out that there is no way the federal government could have compelled NH. Two things would have had to happen. First a law which compels NH to obey. Then the state would have challenged the law and it's Constitutionality, which in your opinion (not automatically that of the courts) NH would have lost. The feds didn't grant their blessing, they were stymied. Supremacy does not give all power, but deference when there is s legitimate need and legal justification.
 

woolfe9998

Lifer
Apr 8, 2013
16,188
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Why are people who profess to honor the Constitution so willing to cast it off whenever it suits their purposes?
 

Darwin333

Lifer
Dec 11, 2006
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As for the highway system, the feds could absolutely have forced NH to build their interstate roads to whatever specification they wanted. The roads are created for the explicit purpose of interstate commerce.

I disagree completely. Yes the Feds have the power to regulate interstate commerce but before the interstate system was built it wasn't contributing to any interstate commerce. So how does the Fed have the power to tell NH that we are going to build shit across your entire state, where we say, how we say, and when we say because one day it will be used for interstate commerce???

If they can in fact pull bullshit like that can you think of anything that the exact same argument can't be made?

"We are going to force XYZ state to build a hotair balloon factory in their downtown area because once its built those balloons will carry goods and people across state lines and therefor we have the power under the interstate commerce clause"...
 

fskimospy

Elite Member
Mar 10, 2006
83,963
47,868
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I disagree completely. Yes the Feds have the power to regulate interstate commerce but before the interstate system was built it wasn't contributing to any interstate commerce. So how does the Fed have the power to tell NH that we are going to build shit across your entire state, where we say, how we say, and when we say because one day it will be used for interstate commerce???

If they can in fact pull bullshit like that can you think of anything that the exact same argument can't be made?

"We are going to force XYZ state to build a hotair balloon factory in their downtown area because once its built those balloons will carry goods and people across state lines and therefor we have the power under the interstate commerce clause"...

The Constitution grants the federal government the explicit power to make post roads wherever it wants, so the construction of a road isn't even a question as tons and tons of mail trucks run on them every day. Once roads are built that facilitate significant interstate commerce, of course Congress could regulate their structure and design.

All that aside, when the highways were built they were put forward as a defense measure, once again within Congress' powers.