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Mon Dec 1, 2014, 03:01 AM

Republican State Rep. Files Unconstitutional Bill to Allow Texas Legislature to Nullify Federal Laws

Texans like to pride ourselves on our fiercely independent nature, but one veteran Republican state legislator is trying to turn that independent streak into an unconstitutional law. State Rep. Dan Flynn (R-Van) has filed a bill to allow Texas’ state house speaker and lieutenant governor to have the power to “suspend any federal law within Texas’s borders.”

As ThinkProgress summarized, Flynn’s bill lays out the following structure for the legislature to review federal laws:

The legislation creates a 14 member “joint legislative committee on nullification” that is co-chaired by the speaker and lieutenant governor. Half of the dozen remaining members are appointed by one of the committee’s chairs, while the other half are appointed by the other chair (although only eight of the committee’s fourteen total members may belong to the same political party). A bare majority of the committee, eight votes, may temporarily declare that a federal law “has no legal effect in this state.” If that declaration is ratified by the state legislature in the next legislative session, it becomes permanent.

Under Flynn’s proposal, the state house speaker and lieutenant governor could create a committee stacked with loyal right-wing supporters, and use that to choose which federal laws they want the state to follow. In a state where Dan Patrick was just elected lieutenant governor, the idea is a truly terrifying prospect. Patrick is staunchly anti-immigrant and anti-choice, and if he had the power to void the federal laws that protect the rights of women and minorities, Texans could face a bleak future indeed.

Fortunately Flynn’s bill has one major problem. It’s blatantly unconstitutional.

Read more: http://www.burntorangereport.com/diary/28689/republican-state-rep-files-unconstitutional-bill-allow-texas-legislature-nullify-federal-laws

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Arrow 14 replies Author Time Post
Reply Republican State Rep. Files Unconstitutional Bill to Allow Texas Legislature to Nullify Federal Laws (Original post)
TexasTowelie Dec 2014 OP
roguevalley Dec 2014 #1
olddots Dec 2014 #2
gordianot Dec 2014 #3
Ken Burch Dec 2014 #7
ColesCountyDem Dec 2014 #9
hobbit709 Dec 2014 #10
ColesCountyDem Dec 2014 #12
dballance Dec 2014 #4
Ken Burch Dec 2014 #8
JDPriestly Dec 2014 #5
old man 76 Dec 2014 #6
gordianot Dec 2014 #11
LostOne4Ever Dec 2014 #13
blkmusclmachine Dec 2014 #14

Response to TexasTowelie (Original post)

Mon Dec 1, 2014, 03:17 AM

1. moron. the constitution will nullify their bill. truly they need to either love or leave this

country

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Response to TexasTowelie (Original post)

Mon Dec 1, 2014, 03:26 AM

2. this gets into the realm of the Onion

 

The evil dumbth has been turned up to 11 .

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Response to TexasTowelie (Original post)

Mon Dec 1, 2014, 03:29 AM

3. This is a pattern being repeated by other republican dominated State legislatures.

They do mean to give it a try and do not care the consequences. I look for an eventual crisis when several States try to enact these laws simultaneously. The Confederacy disease rides again.

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Response to gordianot (Reply #3)

Mon Dec 1, 2014, 05:57 AM

7. "dadburn it, it weren't about slav'ry, it were about-textile prices-them uppity,uh, textile prices".

 

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Response to gordianot (Reply #3)

Mon Dec 1, 2014, 06:37 AM

9. I wish Andrew Jackson were still President, when legislatures try to enact such laws.

During the Nullification Crisis of 1832, when the South Carolina legislature passed legislation purporting to nullify the Tariff Act of 1832, President Jackson, who viewed both nullification and secession as treasonable acts, wrote to Sen. Henry Clay, "You may inform them (the governor and legislature of South Carolina) that should any attempt be made to enforce this law, I shall lead the Army into the state and hang the first of them upon whom I shall lay my hands".

Those who knew Jackson well, including Sen. Clay, knew that when Jackson spoke of hanging, most people began looking for rope. Sen. Clay used his considerable influence to persuade South Carolina to repeal their nullification legislation, following passage of the Tariff Act of 1833. They did so.

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Response to ColesCountyDem (Reply #9)

Mon Dec 1, 2014, 09:13 AM

10. He pretty much called out John C. Calhoun on nullification.

and Calhoun knew it.

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Response to hobbit709 (Reply #10)

Mon Dec 1, 2014, 10:06 AM

12. He surely did. n/t

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Response to TexasTowelie (Original post)

Mon Dec 1, 2014, 04:12 AM

4. Total moron.

 

This was already attempted in the 1860s. Didn't work then, won't work now.

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Response to dballance (Reply #4)

Mon Dec 1, 2014, 05:59 AM

8. Well, a lot of 'em still have a Gray uniform around the house somewhere.

 

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Response to TexasTowelie (Original post)

Mon Dec 1, 2014, 05:33 AM

5. Hilarious,

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Response to TexasTowelie (Original post)

Mon Dec 1, 2014, 05:47 AM

6. Maybe

Kick Texas out of the union and we would have a better country.

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Response to old man 76 (Reply #6)

Mon Dec 1, 2014, 09:55 AM

11. Hang em or shoot em and we would have a better world.

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Response to TexasTowelie (Original post)

Mon Dec 1, 2014, 09:58 PM

14. Secede already.

 

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