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12-05-2014, 08:04 PM
It has been before the Supreme Court, repeatedly for over 200 years. Remember when the Southern states fought desegregation? This was their argument. The Supreme Court has consistently held from the time of the Founders that the only entity that can void a Federal law is the Federal Courts or Congress. States can sue in Federal Court to challenge a law's constitutionality. They can also choose not to enforce the law, which is the situation with pot and how your example actually proves my point. The states say it is legal and the Federal government does not but the states are basically saying it is up to the Federal government to enforce and they will not. If you remember back to the early years of G W Bush's administration Ashcroft's Justice Department used to bust the medicinal marijuana dispensaries in the states that allowed.
If you read the actual wording of the proposal and not his rhetoric you see it talks about not helping the Federal government enforce Federal laws, which is considered Constitutional.
If you read the actual wording of the proposal and not his rhetoric you see it talks about not helping the Federal government enforce Federal laws, which is considered Constitutional.
If you read the actual wording of the proposal and not his rhetoric you see it talks about not helping the Federal government enforce Federal laws, which is considered Constitutional.