FA_Q2
Gold Member
The Marijuania issue is an excellent case for why we need a new constitutional convention.
The states can legally overturn the FEDs power, it can blow the SCOTUS out of the water, too.
The ELASTIC CLAUSE of the Consitution simply grants the FED so much power that the concept of STATES rights becomes something of a joke.
I am confused now. I just read a post by you that professed nullification as a failed concept and something the states have no right doing. Have you reversed positions on that as it seems that you are advocating for nullification right here.
I just proposed the PATH for how states REWRITE the constitution.
That is NOT nullifying the FEDS laws, that is taking AWAY the FEDS right to evoke those laws.
See the difference?
Right NOW the FEDS have the legal right and the states have NO right to supercede their laws by nullifying them.
It will take a CHANGE in the CONSTITUTION that is NOT subject to review by the SCOTUS.
A CONSTITUTIONAL CONVENTION that rewrites the consitution is is the ONLY LEGAL way to do that.
Good question though FA_Q2, and thanks for giving me the change to explain the difference.
And thanks for the explanation.
I dont think a rewrite is necessary to bring back nullification though. You can do that with a law one that stipulates the supremacy clause is for enumerated federal powers. Essentially, returning the clause to what it was meant to be. Unfortunately, it is highly unlikely but so is a rewrite so its all academic anyway.