New Legislation Would Ban NSA From Arizona

[happyslug]

10. If we are talking about things under the control of the State, yes the State can ban them

The Nullification Criss of the 1830s involved a State (South Carolina) who wanted to nullify a Federal Tax law. The US Supreme Court has ruled such an act was unconstitutional.

The real issue is the concept of dual jurisdiction. As a general rule the Federal Government can NOT force the State to do anything unless it is expressly authorized by Congress OR by the Constitution. Thus if the State is the entity providing water, Sewerage, natural Gas, Electricity, the State may be able to say NO. If such services are being provided by regulated utility, that ability to say no may still exist (Through in such cases restricted to the Common Law Rule that a Public Utility MUST be made available to everyone, a rule that may undermine any attempt by the State to say no to providing such service).

On the other hand, the Federal Government can NOT interfere with How a state runs itself. An example of this was seen in the US Supreme Court decision on Obamacare, the Court ruled the Federal Government could NOT order the States to expand they medical assistance program, on the grounds each State is Sovereign and as such each state had the right to say NO on the use of its own agencies. Another Example was in the Marriage Case involving the US military, the court ruled that marriage was up to the States NOT the Federal Government and as such the Federal Government had no right to say anything about who can marry, or even what is a marriage,