Thursday, August 29, 2013


This is just insane revanchism:
Unless a handful of wavering Democrats change their minds, the Republican-controlled Missouri legislature is expected to enact a statute next month nullifying all federal gun laws in the state and making it a crime for federal agents to enforce them here. A Missourian arrested under federal firearm statutes would even be able to sue the arresting officer.

The law amounts to the most far-reaching states' rights endeavor in the country, the far edge of a growing movement known as "nullification" in which a state defies federal power....

The measure was vetoed last month by Gov. Jay Nixon, a Democrat, as unconstitutional. But when the legislature gathers again on Sept. 11, it will seek to override his veto, even though most experts say the courts will strike down the measure. Nearly every Republican and a dozen Democrats appear likely to vote for the override....
Will the courts strike down the override? If the nullification craze picks up steam, and becomes respectable and somewhat within-the-pale, is it so crazy to think that the Roberts Court might someday agree, perhaps in an Obamacare-nullification case, if not in a gun case? (I'm operating on the assumption that no Democratic president -- not Obama, not Hillary -- will ever get another justice on the Supreme Court until the number of Republicans in the Senate drops below 40.)

What else could Republicans seek to nullify? Could they conclude that the federal government has no right to prevent them from limiting voting rights to property owners, thus excluding the majority of students and poor people? Could they decide that the Constitution's Commerce Clause doesn't extend to the in-state housing market, and therefore it's lawful to refuse to sell or rent a house or apartment to someone on the basis of race or national origin? Wouldn't laws of this kind be electorally useful in a state that's either purple or trending purple because of changing demographics -- Texas, say, or Georgia, or North Carolina?

What's the limit here? How far could the right go with this? Why should we suppose it will stop with guns and Obamacare? Why should we assume that the courts will always rebuff such efforts?


Victor said...

OY! We're back to this, again.

Ok, in my ideal world, imo (take that for what it's worth, since I don't know squat), the AG needs to tell MO's stupid Republican state legislature, that if they don't follow the rule of US law completely, and immediately, the US will accept that as proof that their state has seceded.

MO can then make plans to defend itself, because the US government will no longer defend a state which has seceded.

They can expect no other kind if help if they secede.

And certainly, not financial. ALL of the revenue already received from MO, and any money allocated for use there from other (Blue) states, will be put in escrow until the term of the current state legislature ends - at which time, within a month of the swearing in of the new MO legislature, if they apologize, ask for reinstatement, and made amends, then that money will be taken out of escrow, and reallocated, accordingly.

Also, all SS, Medicare, and other federal "Earned Benefits" funds, will also be held in escrow until said time.

The people of MO can, in the interim, seek defense, retirement, and health care, resolutions from that state legislature.

And if the legislature's responses are inadequate, let them see if they get reelected, the next go-'round.

And if the people of MO decide to stand behind their state legislature, by reelecting, or maintaining, a Republican majority, then all of the money will be taken out of escrow, and the money divided up amongst the remaining 49 states.

Then to any other states who want to do what MO's doing with nullification, we can then say, "Please proceed..."

Yeah, I know - it's a pipe-dream...

The New York Crank said...

How far can nullification go? Why not right back to the Emancipation Proclamation, and subsequent laws and court rulings pertaining to slavery?

And after that happens, can witch burning be far behind?

Very crankily yours,
The New York Crank

LittlePig said...

I'd like to be there (at a safe distance) when the Missouri State cops tell the fine gentlemen from ATF to piss up a rope. Hopefully the dash cam footage will be leaked.

Time to buy more shares of Redenbacher.

White Hat said...

Bottom line:

Like most red states, Missouri receives more $ from the federal government than they pay in. In their case the figure is a net $1,190 per capita.

Let them blather and posture all they want. When the bill comes due they'll knock it off.