Can the EPA be nullified? Oklahoma is leading the charge
Posted by richrobinson 11 years, 7 months ago to Government
Someone is finally fighting back.
You type: | You see: |
---|---|
*italics* | italics |
**bold** | bold |
While we're very happy to have you in the Gulch and appreciate your wanting to fully engage, some things in the Gulch (e.g. voting, links in comments) are a privilege, not a right. To get you up to speed as quickly as possible, we've provided two options for earning these privileges.
Check the link here for more info:
Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional. The theory of nullification has been rejected repeatedly by Federal courts, and it has rarely been legally upheld.[1]
->http://en.wikipedia.org/wiki/Nullification_(U.S._Constitution)
But there is a way to change things, and it is to amend the Constitution via State run Article V (of the Constitution) for such amendments as term limits. That is an example of an amendment that would NEVER be put forth by Congress itself, but would be key to reversing this monster.
Indiana is leading the way here having passed State laws to restrict the actions of delegates preventing them from doing anything other than what the state intends.
See:
http://www.conventionofstates.com
Also note that from what I have seen, Nullification supporters utterly fail to see that that effort will never succeed for a number of reasons. Among them is the fact that Agencies like the EPA are unelected and create laws and regulations on their own without legislative action. That means they can turn them out as fast as the presses can run. Meanwhile, state legislatures have a lot of time required to do anything, with much uncertainty as to the result. And then you have this: Only 1 state out of 50 doing anything, bound to fail. The unlikely success would be 1 of 50. Still fail.
Regardless, the Nullification proponents hold to that idea, and are narrowly focused. That means they strongly oppose any other ideas than their own, and that includes Article V amendments.
One of the biggest things they could do is simply to define "navigable rivers". Right now, the EPA interprets this to mean any body of water no matter how small. The original intent was for major rivers and bodies used for commercial shipping/trading - not irrigation canals and fishing streams! Simply restricting the EPA's reach back to reasonable terms would do much - though I wouldn't count on Congress to do anything. I think that it will be up to the individual states and the nullification power to bring a halt to this.
OK has become noted as a conservative bastion. All counties went "red" in the past two elections, we fight the progressive agenda publicly, and so on.
Obama is setting up his 5 "promise zones"...
http://www.ijreview.com/2014/01/107461-o...
Is one of them in Oklahoma? No... it's in the *Choctaw Nation*.
Now, the tribes put up advertisements on TV and elsewere promoting their tribe, particularly the Choctaw. (Going solely by their rhetoric, the Choctaw settled the west, built the nation and got us to the moon...)
Now, one of the aspects of the Choctaw ads that set my teeth on edge is their advocacy of their collectivist culture (real or imagined).
It's one of the prosperity zones, imo, in order to sabotage and inhibit Oklahoma's successes.
On the other hand, they DO want the EPA's actions. They DO want control of business, energy, environmental affairs, and such.
And they most definitely do not want Constitutional amendments that would restrict their tyranny.
All of these so called nullification attempts are pretty insignificant.
One problem with them is there is no unification, and it is unlikely there will be. By that I mean unified efforts by all 50 states, or at least 3/4.
And so.. even with that, what if the Feds still ignore it all. That would mean secession, and the same thing as the civil war.
Back to my previous assertion. The feds will get some judge to overrule the states, They will send in the troops. They will send in the IRS and their swat teams. They have all kinds of semi-legal moves they can do to make like difficult. It will never get anywhere.
The last convention of the states did NOT defy their legislatures. They had authority to do what they did. Nullification does not have a positive history of success.
N. Carolina's nullification attempt before the civil war was not judged to be a nullification like that of Madison's and Jefferson's against the Sedition laws of Adams (?) or the nullification of the Fugitive Slave Acts by Norther states, upheld by the Supreme Court.
The last convention of the states that we had, defied their state legislatures and wrote the Constitution. I just don't know that you can trust a state legislature or delegate to the state convention anymore than you can trust Congress today.
Had the South been industrialized, the outcome would have been very, very different. I find that very telling, in a Randian way.
Only 1 State out of 50 made marijuana legal. Only 1 State out of 50 perverted the definition of marriage. Now look.
An avalanche can begin with a single displaced pebble, and Oklahoma is not the only State looking to free themselves of slavery to the EPA and the Green religion.
Jan
- Fallen Angels http://www.baenebooks.com/chapters/06717...
Load more comments...