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State legislative actions in protest of federal actions
This section really needs to be split off on into its own wiki stub. the size and broad scope of the section really has gotten out of hand. 188.8.131.52 (talk) 16:45, 5 February 2014 (UTC)
Debatable interpretation about limits of state actions
I just noticed this edit to the article. It appears to state as fact that "Health Care Nullification" state actions will be doomed because of federal supremacy. First of all, this confuses the issue because many of the state actions are federal lawsuits, not laws. Secondly, we don't have a crystal ball to know how the state laws will stand or not. The placement of the added sentence is also a non sequitur because it has nothing to do with the given paragraph. I do think this article leans too much toward the point of view of a particular advocacy group. If the context made sense, I could see mentioning Supremacy Clause or Federal preemption in this article as part of a more balanced approach. I am reverting this particular edit, but I wanted to explain why so that it is not seen as simply cheer-leading for the prevailing POV in the article. CosineKitty (talk) 00:36, 23 March 2010 (UTC) You apparently do not understand the Supremacy Clause, Federal preemption, nor did you closely read the edit you deleted. The edit reads: "However, the Supremacy Clause and the doctrine of Federal preemption invalidate almost all of the state actions, e.g. National Health Care Nullification." All pure "nullification" acts are frivolous -- and for that reason, this sentence needs to be in the introduction to this issue. The Health Care Nullification acts are the epitomes of pure "nullification" acts, and are therefore the most appropriate "e.g." Because of the Supremacy Clause and Federal preemption, the states simply cannot "nullify" a federal statute which is otherwise constitutional. I am not saying that the states cannot challenge the constitutionality of a federal statute in federal courts; I am just simply stating a truism: "nullification" acts are frivolous. Pmalter0 (talk) 14:22, 30 March 2010 (UTC)
Should that not be more explicit? That those laws are frivolous as a State can't simply declare a federal law invalid short a supreme court decision on its constitutionality? But can it not be argued that these States may know full well they can't "nullify" these laws, but in so doing can test the issue in court? Canada Jack (talk) 14:39, 30 March 2010 (UTC)
Never mind. You've done precisely that. Canada Jack (talk) 14:43, 30 March 2010 (UTC)
These are sensible edits, IMO. Only United States v. Lopez and one other case to date have set limits on the use the Commerce Clause to justify legislation by the federal government which affect interstate commerce, even when the issue is not interstate commerce per se. Could use a citation, of course. ... Kenosis (talk) 19:25, 30 March 2010 (UTC)
The Supreme Court will always deny the power of nullification. They do not want to forfeit their place of power and control. The thing is that the States, not the Supreme Court, are the ultimate authority in regards to the Constitution. The Federal Government is a creation of the States, not the other way around. The Supremacy Clause is being grossly misinterpreted. James Madison and Thomas Jefferson discussed at lengths the rightful place of the Federal Government and the ability of states to nullify. I would think that two of the most influential writers and signers of the constitution knew a thing or two about the documented they invested their lives into the creation of. Desire Mercy (talk) 22:37, 13 June 2014 (UTC)
I would just like to state that the Doctrine of Implied Powers is directly related to the 10th and I would like that to be stated. -Bob Goernig Phd at Duke — Preceding unsigned comment added by 184.108.40.206 (talk) 17:56, 7 February 2012 (UTC) Excuse me! I just made a valid statement!