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A Little Weird

(1,754 posts)
Fri Mar 1, 2013, 08:16 AM Mar 2013

LaRue fiscal court looks at 'nullification' laws

This is a pretty interesting article. The republican state senate passed a law basically saying it wasn't going to follow federal laws that restrict gun rights.

So LaRue Co. Fiscal Court decided that if the state can just decide to ignore federal laws then the counties can ignore state laws. So they introduced an ordinance which mirrored the language used in the senate bill but theirs is about being able to ignore requirements regarding facility construction and enhancement that come with no state funding.

My paraphrasing isn't doing the story justice, but I think it highlights the idiocy of the nullification laws quite well.

Here's the article:
http://dailyindependent.com/local/x657740598/LaRue-fiscal-court-looks-at-nullification-laws

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LaRue fiscal court looks at 'nullification' laws (Original Post) A Little Weird Mar 2013 OP
Cute but they lack legal underpinnings ProgressiveProfessor Mar 2013 #1
Thanks for the response A Little Weird Mar 2013 #2

ProgressiveProfessor

(22,144 posts)
1. Cute but they lack legal underpinnings
Fri Mar 1, 2013, 11:50 AM
Mar 2013

The states are integral to the US Constitutions. Once recognized, they cannot be dissolved or have their leaders/representatives replaced short of very narrow legal issues or martial law. The states arguably exist above the national government.

Cites and other public entities in a state are defined and authorized by the state. The state can step in and even quash them anytime they feel like it. Look at the City of Bell in California and Benton Harbor MI.

Direct defiance of Federal law has its risks. The gun stuff is nothing compared to what is happening with Medical MJ. States are authorizing it, regulating it, and taxing it. The Feds are raiding it.

A Little Weird

(1,754 posts)
2. Thanks for the response
Fri Mar 1, 2013, 06:40 PM
Mar 2013

I agree that local governments don't have the authority to thumb their nose at state law, but I don't believe that states have the right to thumb their nose at federal law either. That's why I think this is funny - both actions are equally absurd.

I don't believe the states exist above national government. Collectively, the states should have the power to change the federal government (I was under the impression that this was the ultimate goal of the MJ laws) but states shouldn't be able to go against a federal law on a whim. The state MJ laws that I have heard about came about because of ballot initiatives rather than from one dumbass using the state legislative body for his own personal agenda (as seems to be the case in KY).

Government at any level should reflect the will of the people. A national referendum law where initiatives like this could be directly decided by voters would be nice, IMO.

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