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In reply to the discussion: Arizona Secession From The Union Could Be Reality Soon [View all]SickOfTheOnePct
(8,710 posts)74. Pointing out incorrect information
isn't protective of anything but the truth.
As for a link, here you go:
On the first point, the nullifiers are correct: in a 1997 decision, Printz v. United States, the Supreme Court held that the Federal Government may not compel the States to enact or administer a federal regulatory program. That case involved the Brady Act of 1993, which established a national system for background checks and commanded state law enforcement officials to conduct them.
http://www.nytimes.com/2013/09/04/opinion/the-limits-of-nullification.html?_r=0
So, states can't impede the federal government from enforcement, but the states themselves don't have to enforce them.
Under the Supremacy Clause of the Constitution, the CSA takes precedence over Colorado's state law if the two are in conflict as the plaintiffs argue. Colorado says weed is legal, but the CSA says it isn't. Open-and-shut case, right?
Actually, no. "The regulatory regime that Colorado has put in place is not preempted by the Controlled Substances Act," legal professor Sam Kamin, who was part of the task force implementing Colorado's marijuana laws, said in an interview. "I expect those claims to fail." The issue? The Controlled Substances Act dictates federal drug policy -- but it in no way compels states to enforce that policy.
http://www.washingtonpost.com/blogs/wonkblog/wp/2015/03/11/after-losing-at-the-ballot-box-marijuana-opponents-make-a-hail-mary-pass-to-the-courts/
Federal agents can come into Colorado and enforce federal marijuana laws, but they can't force anyone in the state of Colorado to do it for them.
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Since the folks in arizona don't want to enforce ANY federal laws, not just marijuana laws, it's
ND-Dem
Mar 2015
#65
but i'm sure you have a link to support your claim that states don't have to enforce federal law,
ND-Dem
Mar 2015
#71
"enforce" in this case meaning "do the background checks".... = limited meaning of "enforce".
ND-Dem
Mar 2015
#78
define "enforce" and define which laws. Printz establishes no such broad right of non-enforcement.
ND-Dem
Mar 2015
#84
I can't say I'm too interested in laws that were passed in 2011 & 2013 n/t
SickOfTheOnePct
Mar 2015
#123
is it? you know that because Printz exempted states from doing background checks?
ND-Dem
Mar 2015
#80
why don't you give me a link about this issue instead of constantly repeating the claim? since
ND-Dem
Mar 2015
#85
I didn't see any. Please link me to where you gave me links and I 'dismissed' them.
ND-Dem
Mar 2015
#113
Who cares, shut off all federal aid and military installations and suspend all military contracts
Katashi_itto
Mar 2015
#88
Perhaps you can explain how funding would be cut from AZ once Congress allocates funds.
Nuclear Unicorn
Mar 2015
#94
We Could Stop Paying Everyone's Medicare & Social Security In Arizona.
TheMastersNemesis
Mar 2015
#4
Does the DOD have any federal military bases in Arizona and Texas and all these other traitorous
TheDebbieDee
Mar 2015
#3
The repugs in the Arizona legis. have gone nuts, Tucson has always voted blue . . .
brush
Mar 2015
#31
Secessionist & Nullification Rhetoric Is Dangerous And A Threat To Our Our National Security.
TheMastersNemesis
Mar 2015
#7
Yep. See how the idiot paradise of theirs help with zero federal dollars pouring
android fan
Mar 2015
#29
Mexico will take it back - exactly! Destroy your government, another one will take its place! n/t
freshwest
Mar 2015
#89
Under what statutory authority would this laughable vendetta over a non-existent issue be executed?
Nuclear Unicorn
Mar 2015
#49
For all the ginned-up outrage over AZ not enforcing laws a lot of people in this thread
Nuclear Unicorn
Mar 2015
#52
Also, no more Snowbirds ... retirees from the cold north spending the winter in the sun. n/t
libdem4life
Mar 2015
#21
A friends's brother retired from Ford 7 yrs. ago, lived in Detroit 40 yrs, native NYer. Splits time
appalachiablue
Mar 2015
#140
Yay! Now I'll be able to get those rocket launchers my dad would never get me for XMAS
Zorra
Mar 2015
#25
It would be worth it just to be able to tell Arizonans "Papers, please." :) nt
pinboy3niner
Mar 2015
#41
Any state that has legalized MJ in any capacity is not enforcing federal law. It's not secession.
Nuclear Unicorn
Mar 2015
#42
Blah blah blah, federal law supersedes state law. They can act like the simpletons they are, but
lonestarnot
Mar 2015
#46
Your post eluded to selective enforcement or non-enforcement of federal laws by states...
lonestarnot
Mar 2015
#141
There is a Parrot in this thread who keeps repeating States don't have to enforce federal law...
trumad
Mar 2015
#95
"Federal law can be enforced by the Fed if the feel inclined to do so."
Nuclear Unicorn
Mar 2015
#96
right, but if AZ tries to secede...what then? there was a war last time some folks did that.
CTyankee
Mar 2015
#100
AZ could also be carved from the earth and taken away by aliens...what then?
Nuclear Unicorn
Mar 2015
#112
If it passes & Brewer signs it the federal government should immediately stop all federal money to
catbyte
Mar 2015
#101
cut 'em loose - but no more medicare and no more SS and no more federal dollars - n/t
lapfog_1
Mar 2015
#128