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Nuclear Unicorn

(19,497 posts)
Sun Mar 22, 2015, 08:03 PM Mar 2015

No, states are NOT obligated to enforce federal law.

Any state that has decriminalized/legalized MJ is already engaged in the practice.

The case law is already established. In Printz vs US (thank-you to former9thward for naming the case) the USSC ruled that having states enforce federal law left the law to be administered by LEOs whom the president had no authority over. Put another way, if the president cannot hire/fire the officers enforcing a law -- which a president cannot do in state and local agencies -- then the president cannot properly take care to enforce laws passed by Congress per the Constitution.

Furthermore, the federal government via the Obama administration has already told states they are not allowed to enforce federal immigration law.

And, no, states cannot have federal funding withheld. Once Congress passed a budget saying what money goes where that is the law.

Withholding federal funds is also unconstitutional. Just as the feds cannot withhold Medicaid funding for states refusing to establish insurance veal pens -- er, sorry -- exchanges so too would it be unconstitutional to funds for Program X because Law Y was not being enforced.

21 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
No, states are NOT obligated to enforce federal law. (Original Post) Nuclear Unicorn Mar 2015 OP
Rec for attempting SickOfTheOnePct Mar 2015 #1
To what is this a reply? Erich Bloodaxe BSN Mar 2015 #2
A claim that AZ is seceding by virtue of the fact it is debating legislation to not enforce fed law. Nuclear Unicorn Mar 2015 #3
Weird. Erich Bloodaxe BSN Mar 2015 #4
I believe they have SickOfTheOnePct Mar 2015 #5
"I would have thought Texas would 'go there' first." Nuclear Unicorn Mar 2015 #6
Ah, good point n/t SickOfTheOnePct Mar 2015 #7
i thought you were talking about my sheriff fizzgig Mar 2015 #9
Not only are they not obligated- they don't have authority to enforce a Federal law Lee-Lee Mar 2015 #8
Nope they are not. But.... Adrahil Mar 2015 #10
Nope- the most they can do Lee-Lee Mar 2015 #15
tell that to my sheriff fizzgig Mar 2015 #11
Much sound and fury signifying nothing. Nuclear Unicorn Mar 2015 #19
he'll run unopposed next election fizzgig Mar 2015 #20
Here is a pro tip; any person that says their state is succeeding from the Union, is full of shit. Rex Mar 2015 #12
If at first you don't "succeed," cry, cry again pinboy3niner Mar 2015 #14
Bawhahahahahaha!!! Rex Mar 2015 #16
nor can states nullify Federal Law guillaumeb Mar 2015 #13
It then seems to be a matter of what do the feds have the manpower to enforce. Nuclear Unicorn Mar 2015 #17
manpower and political will guillaumeb Mar 2015 #21
Look out though SickOfTheOnePct Mar 2015 #18

Erich Bloodaxe BSN

(14,733 posts)
2. To what is this a reply?
Sun Mar 22, 2015, 08:06 PM
Mar 2015

I'd normally assume it's gun-related, since it's you posting it, but given that you put it in GD, I guess it's possible it's actually a follow-up to something else, so I'm curious as to what the 'something else' was.

SickOfTheOnePct

(7,290 posts)
5. I believe they have
Sun Mar 22, 2015, 08:13 PM
Mar 2015

Pretty sure TX has also passed laws saying they won't enforce federal law.

Which is well within their rights.

Nuclear Unicorn

(19,497 posts)
6. "I would have thought Texas would 'go there' first."
Sun Mar 22, 2015, 08:13 PM
Mar 2015

Colorado and Washington beat them to the punch by a country mile.

fizzgig

(24,146 posts)
9. i thought you were talking about my sheriff
Sun Mar 22, 2015, 08:27 PM
Mar 2015

colorado county, 55 percent voted for mj legalization, and the sheriff is suing to overturn it on the grounds that they are violating the us constitution when they uphold the state constitution.

 

Lee-Lee

(6,324 posts)
8. Not only are they not obligated- they don't have authority to enforce a Federal law
Sun Mar 22, 2015, 08:24 PM
Mar 2015

When I was a deputy I came across many violations of Federal law.

All I could do was refer the case to the relevant Federal authority. I as an officer sworn by a state/local authority could not charge anyone with a violation of Federal law.

One example- I had an ongoing domestic case I was working. The couple was separated, and there was a restraining order against the husband. Because of that he was ineligible to buy to posses a firearm. He talked the woman he was seeing to do a straw purchase and buy him a shotgun.

I was able to charge him because NC has a law that parallels Federal law saying that he couldn't posses a gun. Straw purchase laws are Federal, so I couldn't charge her. I sent it to the BATFE, who didn't do anything.

It's also why Congress can't set speed limits. Those are state laws enforced by state officers. Instead the only think Congress can do is more or less blackmail the states by saying if they don't make their laws in what they want they will withhold funding related to it. But only Congress can do that in a budget bill, it can't be a unilateral move by the executive.

 

Lee-Lee

(6,324 posts)
15. Nope- the most they can do
Sun Mar 22, 2015, 08:35 PM
Mar 2015

Is refuse to cooperate with Federal authorities in any investigations.

fizzgig

(24,146 posts)
11. tell that to my sheriff
Sun Mar 22, 2015, 08:30 PM
Mar 2015

i'm in colorado and 55 percent of us voted to legalize mj, but the sheriff is voting to overturn on the grounds that their enforcement of the state constitution is a violation of the us constitution.

let's ignore the fact that the local paper has not asked him 1) what provision of the constitution the deputies are violating and 2) who is paying for the effing lawsuit.

Nuclear Unicorn

(19,497 posts)
19. Much sound and fury signifying nothing.
Sun Mar 22, 2015, 08:48 PM
Mar 2015

Perhaps the county citizens will show him the door next election.

fizzgig

(24,146 posts)
20. he'll run unopposed next election
Sun Mar 22, 2015, 08:58 PM
Mar 2015

i'm in a liberalish city in a conservative county. the sheriff's office is as crooked as can be and no one, including the local rag, will oppose them.

he also sued to overturn the gun control laws passed after the aurora shooting. the previous clown in office showed up on o'reilly a few times to bloviate about the war on christmas.

 

Rex

(65,616 posts)
12. Here is a pro tip; any person that says their state is succeeding from the Union, is full of shit.
Sun Mar 22, 2015, 08:30 PM
Mar 2015

States cannot dismiss their obligations to the Union. It is impossible. This is almost as bad as the idiots that swear the NWO/UN Trilateral commission is going to show up (any day now) and take away all their guuuuuuuuuuunnnss!!

Never happen, silly topic.

guillaumeb

(42,641 posts)
13. nor can states nullify Federal Law
Sun Mar 22, 2015, 08:32 PM
Mar 2015

There is the matter of the Tenth Amendment:

In Cooper v. Aaron (1958), the Supreme Court of the United States held that federal law prevails over state law due to the operation of the Supremacy Clause, and that federal law "can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes . . ." Thus, state laws purporting to nullify federal statutes or to exempt states and their citizens from federal statutes have only symbolic impact.

The Commerce Clause has been used to compel state action on matters related to Federal legislation, but it is complex and limited.

guillaumeb

(42,641 posts)
21. manpower and political will
Sun Mar 22, 2015, 09:00 PM
Mar 2015

Look at the Cliven Bundy situation. Armed civilians defying Federal authorities with impunity.

SickOfTheOnePct

(7,290 posts)
18. Look out though
Sun Mar 22, 2015, 08:48 PM
Mar 2015

Posting the truth regarding this issue will get you accused of being protective of the right wing.

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