Operation American Spring Forum - The Constitution and Constitutional Issues Discussion Forum http://www.operationamericanspring.org/forum/ This forum is specifically for the discussion of the United States Constitution and constitutional issues. en Fri, 20 Mar 2015 14:29:34 GMT vBulletin 60 http://www.operationamericanspring.org/forum/images/misc/rss.png Operation American Spring Forum - The Constitution and Constitutional Issues Discussion Forum http://www.operationamericanspring.org/forum/ State Nullification: A Solution http://www.operationamericanspring.org/forum/showthread.php/4337-State-Nullification-A-Solution?goto=newpost Sun, 15 Mar 2015 12:51:51 GMT As I have stated before, I believe State Nullification is the best and most peaceful way to reign in the unconstitutional Federal Government and this... As I have stated before, I believe State Nullification is the best and most peaceful way to reign in the unconstitutional Federal Government and this article backs up my opinion, as does the Supreme Court:

http://freedomoutpost.com/2015/03/tw...cutive-orders/

EXCERPT:

These bills are also based on the anti-commandeering doctrine. The anti-commandeering doctrine, resting on four Supreme Court Cases dating back to as early as 1842, should be considered in this matter.

Printz v. US is the cornerstone in this doctrine. The ruling states in part:

"We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States' officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program…such commands are fundamentally incompatible with our constitutional system of dual sovereignty."

The Tenth Amendment Center also points out this little nugget:

Finally, the Court ruled that the federal government cannot force the states to act against their will by withholding funds in a coercive manner. In Independent Business v. Sebelius (2012), the Court held that the federal government cannot compel states to expand Medicaid by threatening to withhold funding for Medicaid programs already in place. Justice Roberts argued that allowing Congress to essentially punish states that refused to go along violates constitutional separation of powers.

The legitimacy of Congress's exercise of the spending power "thus rests on whether the State voluntarily and knowingly accepts the terms of the 'contract.'" Pennhurst, supra, at 17. Respecting this limitation is critical to ensuring that Spending Clause legislation does not undermine the status of the States as independent sovereigns in our federal system. That system "rests on what might at first seem a counterintuitive insight, that 'freedom is enhanced by the creation of two governments, not one.' " Bond, 564 U. S., at ___ (slip op., at 8) (quoting Alden v. Maine, 527 U. S. 706, 758 (1999) ). For this reason, "the Constitution has never been understood to confer upon Congress the ability to require the States to govern according to Congress' instructions." New York, supra, at 162. Otherwise the two-government system established by the Framers would give way to a system that vests power in one central government, and individual liberty would suffer. ]]>
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