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[ForwardRebels]

If anyone is looking for a facepalm, the following story should give you multiple facepalms.

http://www.clarionle...y-of-the-state-

"More than a half century ago, Mississippi created a state Sovereignty Commission to block enforcement of federal laws.

Now two key state lawmakers are introducing legislation to attempt to do much the same thing. House Bill 490 would create a committee to help neutralize federal laws and regulations “outside the scope of the powers delegated by the people to the federal government in the United States Constitution.”

Robert McElvaine, professor of history at Millsaps College, said all this bill will accomplish is to put Mississippi up for ridicule. “ ‘The Neutralization of Federal Law’?” he said. “I am astounded to see such a measure introduced in the 21st century. Do the authors of the bill see Mississippi as part of the United States?” He pointed out that the issue of state sovereignty “was settled by a terrible war 150 years ago as well as by numerous Supreme Court decisions.”

House Insurance Committee Chairman Gary Chism, R-Columbus, principal author of the bill with Ways and Means Chairman Jeff Smith, R-Columbus, said the legislation is meant to enforce the 10th Amendment, which says powers not granted to the federal government by the Constitution are reserved to the states or the people. Talk of opposing federal law started with federal health care reform and has since been fueled by the push to change federal gun laws, he said. “It’s too much intrusion. You’re bleeding into our constitutional rights.”

He rejected comparisons to the Sovereignty Commission, which became a segregationist spy agency. “We abide by all the Constitution,” he said. “The 13th and 14th Amendments (abolishing slavery and giving freed slaves citizenship) — we honor those, too. It has nothing to do with black and white.” The bill accuses the federal government of seizing power: “We reject and deny this unauthorized and excessive abuse of power, which has primarily acted as a detriment to states’ rights and individual rights.”

The proposed Joint Legislative Committee on the Neutralization of Federal Law would review existing federal laws and executive orders and recommend those to be “neutralized.” If the majority of lawmakers back the recommendation, Mississippi “and its citizens shall not recognize or be obligated to live under the statute, mandate or executive order.”

George Cochran, professor at the University of Mississippi School of Law, said it’s obvious the bill is unconstitutional.He pointed to Article VI of the Constitution, which says the Constitution, the U.S. laws and treaties “shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.” States trying to block federal laws is nothing new, dating to the late 1700s when the Virginia and Kentucky legislatures unsuccessfully challenged the federal Alien and Sedition Acts.

Throughout the years, states have made arguments for “nullification,” “interposition” and now “neutralization” aimed at blocking federal law, McElvaine said.“It all boils down to the same completely discredited argument,” he said. “When John C. Calhoun and South Carolina attempted to nullify federal law in the 1830s, President Andrew Jackson forcefully rejected the concept.”

After the U.S. Supreme Court in 1954 ordered the desegregation of public schools, “the Mississippi Legislature kept passing horrible bills, condemning the federal government,” recalled veteran journalist Bill Minor. “There was even a bill to arrest any federal officer who tried to serve an arrest on any official of Mississippi who refused to carry out anti-segregation laws.”The Joint Legislative Committee on the Neutralization of Federal Laws would be made up of the lieutenant governor, six lawmakers appointed by him, the speaker of the House and six lawmakers appointed by him.

The Sovereignty Commission was made up of the governor, three citizens appointed by him, the lieutenant governor, two lawmakers appointed by him, the speaker of the House, three lawmakers appointed by him and the attorney general. (The state Supreme Court has ruled that those in the executive branch are barred from serving on legislative committees.)

Lawmakers created the commission in 1956, giving it broad law enforcement and judicial powers to “perform any and all acts and things deemed necessary and proper to protect the sovereignty of the State of Mississippi, and her sister states, from encroachment thereon by the Federal Government or any branch.”

The commission became a spy and propaganda agency aimed at preserving segregation, collecting spy files on more than 10,000 people, including Elvis Presley. “The main issues for which ‘states’ rights’ have been used, such as slavery and segregation,” McElvaine said, “should be more accurately termed ‘states’ wrongs.’ ”Laura Hipp, director of communications for Lt. Gov. Tate Reeves, said he has been reviewing and referring the nearly 1,000 Senate bills “on subjects important to move our state forward like education reform and improving the state’s businesses climate and has not had the opportunity to see any House legislation.

”Civil rights veteran Leslie Burl McLemore said the bill strikes him as “grandstanding.”Director of the Fannie Lou Hamer National Institute on Citizenship and Democracy at Jackson State University, McLemore said, “In subtle and not so subtle ways in Mississippi — and a good bit of the South — we fight the Civil War every day. The drum-beating, rabid right-wingers long for those years, but we won’t revisit those years any time soon.”He said it seems as if some lawmakers “have not really read the history of Mississippi, which I think is unfortunate.”He predicted the state would continue to evolve, resulting in a better understanding between the people and those who govern them. “Mississippi,” he said, “is a unique and incredible place.”

[bbqit]

Dang, I had no idea mcelvaine was still teaching. He is a good one too.

[JDawg]

nm... completely misinterpreted title.

Edited by JDawg, 25 January 2013 - 02:33 PM.

[nova]

Quote

The proposed Joint Legislative Committee on the Neutralization of Federal Law would review existing federal laws and executive orders and recommend those to be “neutralized.” If the majority of lawmakers back the recommendation, Mississippi “and its citizens shall not recognize or be obligated to live under the statute, mandate or executive order.”

We've had a short discussion on a similar issue a short time ago.  My question is how do they intend to enforce this?

If the answer is "we go spear point to spear point with the feds", that's a problem.

If they answer is "We're just not going to help them enforce their laws, let them come up with the manpower and resources on their own" then that's an acceptable solution.  The supremacy clause says nothing about being able to force states to help enforce federal law...

[ForwardRebels]

nova, on 25 January 2013 - 03:01 PM, said:

We've had a short discussion on a similar issue a short time ago.  My question is how do they intend to enforce this?

If the answer is "we go spear point to spear point with the feds", that's a problem.

If they answer is "We're just not going to help them enforce their laws, let them come up with the manpower and resources on their own" then that's an acceptable solution.  The supremacy clause says nothing about being able to force states to help enforce federal law...

What gets me are these knee-jerk reactions our politicians seem to have.

Oh, Obama proposes background checks and limiting ammunition for assault rifles? THE SOVEREIGNTY COMMISSION RESURRECTED IT IS THEN!

For the life of me, I'll never understand why we can't just have a proper, round-table or town-hall style discussion/debate over issues facing the state today, rather than having these asinine knee-jerk reactions, which then reflect poorly on the state as a whole.

Let's have a televised discussion on Mississippi's PBS stations and have citizens call in with their opines, rather than having our legislators pull shenanigans like this.

[nova]

Politicians will be politicians.  Research has shown that excercising power over other people, be it political or otherwise, releases dopamine.  It makes you feel good.  There's positive feedback for putting their thumb on people...

I think to counteract that, people in elected positions should be fitted with shock collars that actuate and shock the living out of them every time they take a public action.  I imagine the country would get more libertarian overnight...