Nullification and Government power

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  • #20674
    ateague2014
    Member

    I have a two part question. First in cases like the Alien Sedition Act and the Slavery Recovery Act did most states pass laws outlawing the enforcement of these acts or did State governors or agency just refuse to enforce the acts? Secondly what would be considered the correct Libertarian or Rothbardian way of nullifying the NDAA or Obama Care? Because a State passing a law not to enforce a Federal law kind of seems to me to increase government.

    #20675
    gutzmank
    Participant

    The Alien and Sedition Acts were three separate statutes. Although the idea of nullifying the Sedition Act was discussed in the abstract, nullification of that law was never actually implemented.

    I have no idea how the Individual Mandate can be nullified. It is to be implemented by the IRS, and I don’t see how a state can prevent that from happening.

    #20676
    ateague2014
    Member

    How should the states nullify the NDAA?

    #20677
    gutzmank
    Participant

    I haven’t the slightest idea. When the FBI shows up to arrest someone, what do you think Iowa can do?

    #20678
    maester_miller
    Participant

    Iowa could make enforcing the NDAA a crime within the state of Iowa, and send state/city/county police to arrest the FBI agents.

    Not that I think such an idea would end well, but that’s something they *could* attempt…

    #20679
    ateague2014
    Member

    Thanks for the feedback Dr. Gutzman and SmartMuffin. 🙂

    #20680
    gutzmank
    Participant

    Before any attempt was made to enforce such a law, the federal district court for the district of Iowa would have issued an injunction banning such enforcement; then, any Iowa official who attempted to enforce it would be in contempt of federal court, and would suffer the consequences.

    For more, google “Wallace school-house door” or “Ross Barnett Ol’ Miss.”

    You’re welcome.

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