Federalism

State Increasingly Push To Nullify Federal Laws

They want more autonomy

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Infuriated by what they see as the long arm of Washington reaching into their business, states are increasingly telling the feds: Keep out!

Bills that would negate a variety of federal laws have popped up this year in the vast majority of states — with the amount of anti-federal legislation sharply on the rise during the Obama administration, according to experts.

The nullification trend in recent years has largely focused on three areas: gun control, health care and national standards for driver's licenses. It has touched off fierce fights within the states and between the states and the feds, as well as raising questions and court battles over whether any of the activity is legal.

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  1. “They are outrageous,” said Brady Center legal director Jon Lowy. “It’s disturbing that there are [state] legislators who are so willing to violate the [U.S.] Constitution but also that they have so little concern for public safety. [Nullification measures] would greatly threaten public safety if they weren’t so patently unconstitutional, so we expect that courts will rather quickly wipe them off the books.”

    Says the organization that so willingly supports federal legislation that violates the U.S. Constitution. Hypocrites.

  2. Why wouldn’t the protections of the federal Constitution be merely a floor, rather than a ceiling, even if you accept that it is applicable?

    States can provide more rights against search and seizure than the feds, not more protection for keeping and bearing arms?

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