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by Charles L. Cotton
Wed Dec 03, 2008 10:39 am
Forum: 2009 Texas Legislative Session
Topic: Is it possible
Replies: 14
Views: 3241

Re: Is it possible

Purplehood wrote:
Charles L. Cotton wrote:As Jim said, states cannot pass laws that nullify federal law. The primary challenge to a federal criminal law is that it exceeds the authority of the Commerce Clause, or that it invades the police powers of the state. The Commerce Clause argument almost always fails now and the police powers argument though still viable rarely prevails. Too bad we lost the civil war; the Tenth Amendment pretty much died in 1865.

Chas.
That was a very interesting statement.
I'm speaking purely from a states' rights viewpoint and in light of the exponential growth of federal power after the war.

Chas.
by Charles L. Cotton
Wed Dec 03, 2008 10:28 am
Forum: 2009 Texas Legislative Session
Topic: Is it possible
Replies: 14
Views: 3241

Re: Is it possible

As Jim said, states cannot pass laws that nullify federal law. The primary challenge to a federal criminal law is that it exceeds the authority of the Commerce Clause, or that it invades the police powers of the state. The Commerce Clause argument almost always fails now and the police powers argument though still viable rarely prevails. Too bad we lost the civil war; the Tenth Amendment pretty much died in 1865.

Chas.

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