Hacker 82 Report Share Posted January 22, 2011 In VA and many other states, there are efforts to add an amendment to the Constitution that would repeal any Federal Laws that 2/3 of the State Legislatures vote to do so. Feel free to comment on what you think. In VA one legislator has proposed a similar amendment that would apply to the relationship between the General Assembly and the local governments. http://www2.timesdispatch.com/news/rtd-opinion/2011/jan/22/tdopin01-physician-heal-thyself-ar-790616/ What is good for the goose may also be good for the gander. Quote Link to comment Share on other sites More sharing options...
GMan 3,569 Report Share Posted January 23, 2011 I like the idea of States being able to "overrule" the Federal Government...just consider it another "check and balance" of Democracy... Quote Link to comment Share on other sites More sharing options...
VHSLhelper 571 Report Share Posted January 23, 2011 But how do you handle it if the state splits... House says yes, Senate says no? Quote Link to comment Share on other sites More sharing options...
Hacker 82 Author Report Share Posted January 23, 2011 But how do you handle it if the state splits... House says yes, Senate says no? It would be like any other piece of legislation, it would have to pass both houses. Quote Link to comment Share on other sites More sharing options...
Deleted Account 5,203 Report Share Posted January 24, 2011 In VA and many other states, there are efforts to add an amendment to the Constitution that would repeal any Federal Laws that 2/3 of the State Legislatures vote to do so. Feel free to comment on what you think. In VA one legislator has proposed a similar amendment that would apply to the relationship between the General Assembly and the local governments. http://www2.timesdispatch.com/news/rtd-opinion/2011/jan/22/tdopin01-physician-heal-thyself-ar-790616/ What is good for the goose may also be good for the gander. How do you reconcile this with Article I, Section 8 of the Constitution? Quote Link to comment Share on other sites More sharing options...
Hacker 82 Author Report Share Posted January 24, 2011 How do you reconcile this with Article I, Section 8 of the Constitution? You mean Article I, Section 8, Subsection 18 - dealing with the powers of Congress "to make all laws which shall be necessary and proper for carrying into execution of the foregoing powers and all other powers vested by the Constitution in the government of the United States or in any department thereof." They are not thinking that far ahead. Quote Link to comment Share on other sites More sharing options...
Deleted Account 5,203 Report Share Posted January 24, 2011 You mean Article I, Section 8, Subsection 18 - dealing with the powers of Congress "to make all laws which shall be necessary and proper for carrying into execution of the foregoing powers and all other powers vested by the Constitution in the government of the United States or in any department thereof." They are not thinking that far ahead. Yep, the "necessary and proper" clause. I thought that might be the case. Quote Link to comment Share on other sites More sharing options...
bucfan64 309 Report Share Posted January 25, 2011 What about NULLIFICATION? After all it was the states that created the Federal government. Also take into consideration the 10th Amendment. and then we have the argument over who gets to define "Necessary and Proper." what a mess Quote Link to comment Share on other sites More sharing options...
Hacker 82 Author Report Share Posted January 25, 2011 Nullification has never been given much credence in the courts over the years. If memory serves, from Constitutional Law class in college the 10th Amendment has been viewed as a catchall for the Bill of Rights. As per the Constitution the courts have the power to define "Necessary and Proper." Quote Link to comment Share on other sites More sharing options...
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