The Conservative Cave
Current Events => The DUmpster => Topic started by: I_B_Perky on March 22, 2015, 11:15:11 PM
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OK one would think this ought to be a good bonfire, right? Apparently an outbreak of sanity hits the dump. WTF?
The link: http://www.democraticunderground.com/10026401164 (http://www.democraticunderground.com/10026401164)
The OP:
Nuclear Unicorn (14,755 posts)
No, states are NOT obligated to enforce federal law.
Any state that has decriminalized/legalized MJ is already engaged in the practice.
The case law is already established. In Printz vs US (thank-you to former9thward for naming the case) the USSC ruled that having states enforce federal law left the law to be administered by LEOs whom the president had no authority over. Put another way, if the president cannot hire/fire the officers enforcing a law -- which a president cannot do in state and local agencies -- then the president cannot properly take care to enforce laws passed by Congress per the Constitution.
Furthermore, the federal government via the Obama administration has already told states they are not allowed to enforce federal immigration law.
And, no, states cannot have federal funding withheld. Once Congress passed a budget saying what money goes where that is the law.
Withholding federal funds is also unconstitutional. Just as the feds cannot withhold Medicaid funding for states refusing to establish insurance veal pens -- er, sorry -- exchanges so too would it be unconstitutional to funds for Program X because Law Y was not being enforced.
The comments:
SickOfTheOnePct (2,839 posts)
1. Rec for attempting
to counter hysteria and ignorance.
Nuclear Unicorn (14,755 posts)
3. A claim that AZ is seceding by virtue of the fact it is debating legislation to not enforce fed law.
Erich Bloodaxe BSN (6,962 posts)
4. Weird.
I would have thought Texas would 'go there' first.
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Response to Erich Bloodaxe BSN (Reply #4)
Sun Mar 22, 2015, 08:13 PM
SickOfTheOnePct (2,839 posts)
5. I believe they have
Pretty sure TX has also passed laws saying they won't enforce federal law.
Which is well within their rights.
OK what aliens have taken over the dump?
Nuclear Unicorn (14,755 posts)
6. "I would have thought Texas would 'go there' first."
Colorado and Washington beat them to the punch by a country mile.
Now this should wire the dump up, right?
SickOfTheOnePct (2,839 posts)
7. Ah, good point n/t
Apparently not.
Lee-Lee (1,736 posts)
8. Not only are they not obligated- they don't have authority to enforce a Federal law
When I was a deputy I came across many violations of Federal law.
All I could do was refer the case to the relevant Federal authority. I as an officer sworn by a state/local authority could not charge anyone with a violation of Federal law.
One example- I had an ongoing domestic case I was working. The couple was separated, and there was a restraining order against the husband. Because of that he was ineligible to buy to posses a firearm. He talked the woman he was seeing to do a straw purchase and buy him a shotgun.
I was able to charge him because NC has a law that parallels Federal law saying that he couldn't posses a gun. Straw purchase laws are Federal, so I couldn't charge her. I sent it to the BATFE, who didn't do anything.
It's also why Congress can't set speed limits. Those are state laws enforced by state officers. Instead the only think Congress can do is more or less blackmail the states by saying if they don't make their laws in what they want they will withhold funding related to it. But only Congress can do that in a budget bill, it can't be a unilateral move by the executive.
Who are you and what have you done with my dump!?!?!?
Adrahil (3,055 posts)
10. Nope they are not. But....
... they also cannot prevent Federal laws from being enforced.
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Response to Adrahil (Reply #10)
Sun Mar 22, 2015, 08:35 PM
Lee-Lee (1,736 posts)
15. Nope- the most they can do
Is refuse to cooperate with Federal authorities in any investigations.
Oh my goodness!!! Dogs and cats living together!!!
fizzgig (22,309 posts)
11. tell that to my sheriff
i'm in colorado and 55 percent of us voted to legalize mj, but the sheriff is voting to overturn on the grounds that their enforcement of the state constitution is a violation of the us constitution.
let's ignore the fact that the local paper has not asked him 1) what provision of the constitution the deputies are violating and 2) who is paying for the effing lawsuit.
There they are!!!!
Nuclear Unicorn (14,755 posts)
19. Much sound and fury signifying nothing.
Perhaps the county citizens will show him the door next election.
Hmmm....
fizzgig (22,309 posts)
20. he'll run unopposed next election
i'm in a liberalish city in a conservative county. the sheriff's office is as crooked as can be and no one, including the local rag, will oppose them.
he also sued to overturn the gun control laws passed after the aurora shooting. the previous clown in office showed up on o'reilly a few times to bloviate about the war on christmas.
There's my dummies!
Rex (51,490 posts)
12. Here is a pro tip; any person that says their state is succeeding from the Union, is full of shit.
States cannot dismiss their obligations to the Union. It is impossible. This is almost as bad as the idiots that swear the NWO/UN Trilateral commission is going to show up (any day now) and take away all their guuuuuuuuuuunnnss!!
Never happen, silly topic.
Buzz kill!
That is all for now. Very interesting. I wonder when the real nuts will show up.
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Just when I think I know some of the Dummies, I see something from them and can't even recognize them.
Maybe someone is hacking their accounts.
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The real fruit loops took one look, saw facts and headed for their (actual) cribs.
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Rex (51,490 posts)
12. Here is a pro tip; any person that says their state is succeeding from the Union, is full of shit.
States cannot dismiss their obligations to the Union. It is impossible. This is almost as bad as the idiots that swear the NWO/UN Trilateral commission is going to show up (any day now) and take away all their guuuuuuuuuuunnnss!!
Never happen, silly topic.
Texas was an independent country prior to joining the Union.
Because of that, yes, we can. Pound sand, rexxyboy.
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That thread looks like it was safe haven for the merely-insane instead of the frothing-bat-shit-insane Proglodytes that piled into TMN's thread about Arizona.
The frothing-bat-shit-insane contingent is overwhelming every discussion lately as they descend into a morass of fake rape, phantom racism, CIA conspiracies, white privilege mania and non-existent secessionist movements.
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Rex (51,490 posts)
12. Here is a pro tip; any person that says their state is succeeding from the Union, is full of shit.
"Seceding," you illiterate dipshit.
:banghead: