If there is hope to limit the power of the federal government anywhere in the near, it lies with the states. Sovereign states are the foundation of the Republic – the very base of the constitutional design the Framers envisioned. All over the country, states are taking back the powers that they alone rightfully possess.
One of the ways that this is happening is nullification, a controversial doctrine that states that the states can “nullify”, or cancel, federal laws that are unconstitutional.
This idea has picked up steam in recent years, especially with the advent of Obamacare. States are refusing to implement the statewide exchanges that the Affordable Care Act requires and denying the funding that would dramatically expand Medicare. The state of South Carolina has taken things a step further, looking to pass a billthat would actually exempt individuals and businesses from being forced to participate in Obamacare and prevent state agencies from implementing any part of the law.
Now, the state of Michigan is looking to nullify a federal law that gives President Obama the power to indefinitely detain U.S. citizens without charge or trial.
The National Defense Authorization Act (NDAA) is an annual appropriations bill that, among other things, sets the budget for the Department of Defense. The NDAA for 2014 was signed into law by President Obama last month, and it included a provision that would allow Obama to “indefinitely detain” Americans without charge or trial.
Obviously, this law blatantly violates the Sixth Amendment to the Constitution of the United States, which provides that criminal defendants shall be entitled to a speedy and public trial and to be informed of the charges against them.
Michigan is taking matters into its own hands to prevent this law from being passed. Senate Bill No. 94, which was signed into law by Governor Rick Snyder, effectively nullifies the provision of NDAA which gives Obama the power to indefinitely detain Americans.
Ben Swann writes:
SB0094 sponsor Michigan Senator Rick Jones (R) told us:
“Historically Michigan first asserted 10th Amendment rights in 1855 when we passed a law to block the Fugitive Slave Act. I thought of this great history as I pushed the bill to nullify the NDAA. No US citizen should have to fear being thrown into jail or prison without charges. I got support from both sides of the political spectrum. With the Governor’s signature, Michigan states no local police, state police, sheriff or Michigan National Guard will assist the feds with holding a US citizen without Habeas Corpus.”
The basis of the law nullifying this section of NDAA is what’s known as the “anti-commandeering” doctrine, which has been articulated by the Supreme Court as an inherent part of state sovereignty under the Tenth Amendment. It is also the constitutional strategy for South Carolina’s attempt to nullify Obamacare.
Ben Swann explains:
This doctrine, which has been well established by the United States Supreme Court (Printz v. United States), dictates that the federal government cannot force state legislatures to enforce federal laws.According to Justice Scalia’s majority opinion in Printz v. United States, state legislatures are not subject to federal direction. Although Congress may enforce its own laws, they may not force the states to carry out their duties in such laws. According to the Court, the Constitution establishes a system of dual sovereignty where states and the federal government exercise concurrent authority. Giving Congress the power to force states in to service would greatly enhance federal power, and the Court ruled this could not stand.
Supreme Court precedent makes clear that there is a solid constitutional basis for these actions. Preventing state resources from being used to enforce federal law would greatly reduce the bite of laws like NDAA and Obamacare. This is exactly the kind of thing we should be doing on the state level to revive the principles of federalism that our nation was founded upon.
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