That's no lie.chabouk wrote:They made law when they decided Wickard. What they really hate to do is admit that previous courts made bad decisions.chartreuse wrote:Of course, that wouldn't prevent the court from saying "It's not our job to make law, Wickard v Filburn stands and if you want to change it, that's what Congress is for."
These nullification laws seems to be a direct assertion of the 10th amendment, specifically of state sovereignty, designed to engage the federal government through the courts. I think the rammifications of giving the 10th more teeth will have a monumental impact on the federal-state government dynamic. I'm guessing that nullification of federal firearms laws on intra-state business was probably the easiest thing to test, and would establish a precedent for future cases down the line, should the states prevail.
I was wondering earlier about how in sync state and federal politicians are on states' rights issues. It's easy to imagine state and local representatives thumbing their noses at the federal government, so to speak, and working to expand state control of state affairs, but when federal representatives get sucked into D.C. hubris, how eager would they be to weaken their hold on their power over the states? I ask because if the states fail here, then it would fall on federal representatives to go about it through congress to legislate the individual sovereignty of the states back into the constitution.