S
Selina Sedai
Guest
What is the name of your state? Not applicable.
Article to explain my questions here: http://www.redding.com/top_stories/local/20030705toplo043.shtml
Okay, will modern nullification work? Several cities and some states, it seems, do not like the USA PATRIOT Act and are seeking to pass laws forbidding their local law enforcement officers from cooperating or enforcing the USA PATRIOT Act. I seem to recall a war being fought over whether or not States could tell the Federal government to 'bugger off.' A war which the Federal government won (both in the courtroom and on the battlefields). The Nullification Acts of the 1800s were shot down, if I remember my history right, by the Supreme Court and the South lost the Civil War (though there are rumors that the South did not surrender and is, instead, taking an extended coffee break).
Basically, my questions are these:
1. Will this modern attempt at Nullification work?
2. What are the justifications for the post-Civil War ignoring of the 9th and 10th Amendments?
3. Who really has sovereignty? The States or the Federal government?
Yes, I realize that there are whole courses* on this subject. I took several of them (American Political Thought, US History, Civil War History, Mississippi History). I realize that this will be a long, drawn out discussion. I just really want to know, from a modern legal standpoint, the justification of certain actions by the US Federal government and who really can tell whom to 'bugger off.'
Thanks in advance.
*I'm a historian. Switched from pre-law to history because history was much more interesting and useful than law and didn't require listening to a professor with a bad case of the monotones for three years.
Article to explain my questions here: http://www.redding.com/top_stories/local/20030705toplo043.shtml
Okay, will modern nullification work? Several cities and some states, it seems, do not like the USA PATRIOT Act and are seeking to pass laws forbidding their local law enforcement officers from cooperating or enforcing the USA PATRIOT Act. I seem to recall a war being fought over whether or not States could tell the Federal government to 'bugger off.' A war which the Federal government won (both in the courtroom and on the battlefields). The Nullification Acts of the 1800s were shot down, if I remember my history right, by the Supreme Court and the South lost the Civil War (though there are rumors that the South did not surrender and is, instead, taking an extended coffee break).
Basically, my questions are these:
1. Will this modern attempt at Nullification work?
2. What are the justifications for the post-Civil War ignoring of the 9th and 10th Amendments?
3. Who really has sovereignty? The States or the Federal government?
Yes, I realize that there are whole courses* on this subject. I took several of them (American Political Thought, US History, Civil War History, Mississippi History). I realize that this will be a long, drawn out discussion. I just really want to know, from a modern legal standpoint, the justification of certain actions by the US Federal government and who really can tell whom to 'bugger off.'
Thanks in advance.
*I'm a historian. Switched from pre-law to history because history was much more interesting and useful than law and didn't require listening to a professor with a bad case of the monotones for three years.