Tuesday, July 29, 2014

Null Set

Another genius runs for the Senate in Iowa.

Joni Ernst, the Republican nominee for U.S. Senate in Iowa, appears to believe states can nullify federal laws. In a video obtained by The Daily Beast, Ernst said on September 13, 2013 at a forum held by the Iowa Faith & Freedom Coalition that Congress should not pass any laws “that the states would consider nullifying.”

“You know we have talked about this at the state legislature before, nullification. But, bottom line is, as U.S. Senator why should we be passing laws that the states are considering nullifying? Bottom line: our legislators at the federal level should not be passing those laws. We’re right…we’ve gone 200-plus years of federal legislators going against the Tenth Amendment’s states’ rights. We are way overstepping bounds as federal legislators. So, bottom line, no we should not be passing laws as federal legislators—as senators or congressman—that the states would even consider nullifying. Bottom line.”

Ernst, a first-term state senator, has never explicitly supported pro-nullification legislation in her time in the Iowa state senate. However, she co-sponsored a resolution that says “the State of Iowa hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.” It was introduced in response to “many federal mandates [that] are directly in violation of the Tenth Amendment to the Constitution of the United States.”

Perhaps candidates for office should be required to take some kind of test to prove they know something about the laws of this country before they propose ideas that run counter to the laws of the land.  Oh, wait; they do.  It’s called high school civics class.

States cannot nullify federal laws.

As Erwin Chemerinsky, a noted constitutional law scholar and Dean of the University of California, Irvine Law School, told The Daily Beast, nullification is expressly forbidden under Article VI of the Constitution. “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof… shall be the supreme Law of the Land.” Chemerinsky also noted that the Supreme Court had dealt with this issue as recently as 1958, when in Cooper v. Aaron, a unanimous decision signed by every justice on the court, it was made clear that states could not nullify federal laws or Supreme Court decisions.

Prior to that there was a rather long and contentious discussion about states’ rights vs. the federal law.  It was in all the papers.

2 barks and woofs on “Null Set

  1. Can she speak without saying “bottom line”? What’s really on her mind . . . just askin’

  2. Yeah, I think the Cooper v. Aaron decision said in part, “If a state doesn’t like federal law, tough shit.”

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