Friday, July 23, 2010

State Nullification of Federal Laws

...has a checkered history.  Associated primarily with slavery and segregation, nullification was overwhelmed first by force of arms and then by the overwhelming consensus of Americans that segregation was immoral.  But what happens when states nullify a law that is rejected by the great majority of Americans?  Can the Feds just stomp the opposition?  Below is a summary of a measure on the the Missouri ballot August 3rd.  It is similar to that passed or being passed in 20 odd states.  It will be an interesting Polisci experiment to see what happens.


From Ballotpedia




The Missouri Health Care Freedom, Proposition C will appear on the August 3, 2010 statewide ballot in Missouri as an legislatively-referred state statute. The proposed measure aims to block the federal government from requiring people to buy health insurance and bans punishment for those without health insurance.[1][2][3]
Backers of such measures are opposed to President Barack Obama’s new health care plans. The measure does not advocate a particular plan but measure advocates say the measure will "protect the individual’s right to make health care decisions." Opponents of the measures and some constitutional scholars say the proposals are mostly symbolic, intended to send a message of political protest, and have little chance of succeeding in court over the long run.[4]
On May 4, 2010 the Missouri State Senate voted 26-8 in favor of referring the proposed measure to the ballot.[5] On May 11 the House gave final approval to refer the measure to the ballot following a 108-47 vote.[6][7][8]

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