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It's the latest tool being employed by states to fight the federal government's efforts to socialize health care.
This week I don't know lawmakers will introduce legislation.
To prevent state agencies from entering into agreements with the federal government.
In order to carry out the new health care law and get this they're using a book -- nullification.
How to reduce federal tyranny and the 21 century.
As the basis for their battle against the federal government.
The author of that book -- -- joins me now Tom it's a pleasure welcome back to freedom watch.
Thank you I'm afraid I might not like the answer here but.
Is it possible.
Under the way the Supreme Court has interpreted the constitution.
And our lifetimes.
For state law to trump.
To nullify to frustrate federal law.
Well sometimes we hear things like you know the supremacy clause of the constitution means that.
Federal laws trump state laws but what the supremacy clause means is that.
And laws and -- -- thereof by the supreme law of the land -- what states are questioning is.
Are some of these laws in -- -- thereof are they really constitutional laws only then.
Would they truly bind us.
And in this case we should remember what's gone on in recent years and in California had a Supreme Court case go against that had the Justice Department against that -- and yet the medical marijuana issue was still alive one there are still going on.
Also in other words if there's a critical mass of people willing to say we're not doing this -- it's unconstitutional.
There's not a lot they can do.
Are there there are -- Surely you know this better than anybody in the planet because of your your book nullification many instances in which state governments have basically said to the federal government we're not going to -- bank.
The real ID their act a medical marijuana as you mentioned.
-- a set time zones where this that feds tried to tell the state.
What a time of day would be in their states but but is this an unwillingness on the part of the state of the federal government.
To push certain laws perhaps because the Fed's lack that revenue or the political stomach.
To -- certain laws or is there is something in our federal fabric.
That allows the states to draw a line and say to Washington thou shall not pass.
Right -- what exactly I'm trying to argue in nullification.
Is precisely that but in American history when we look at the history of the constitution but look at the state ratifying conventions we look at all of American history -- we see.
But the states are the building blocks of the union.
That's the central point because of the states are the principles and the federal government is merely the agent.
The principles don't ask the agent what the agent's own powers are the principles -- the ones that grant the age of.
All right but but in this case like this if -- if the Idaho law passes.
And governor otter a great defender of the constitution signs that law.
That federal government will challenge the law.
In one of its own courts before a federal judge sitting in Idaho.
So what are the chances that a federal judge in Idaho and 2011.
The Idaho is Idaho's efforts to nullify obamacare.
Well maybe in Idaho is one of the chances that we might actually have what I'm trying to do as a historian with my book nullification is to show that.
The logic is indeed on our side and and the idea is that if you can win hearts and minds that is indeed how you change the mentality.
I don't expect the products that you know of course present company accepted -- the products of modern law schools.
To go along with me because they're all -- federal supremacy right but if you but if you go to -- a place like state nullification dot com you can see how simple.
And logical the argument is the -- The very nature of the union as such that they've got to have.
Some kind of defense mechanism for when all three branches betrayed them I Mattison said this in his report of 18100.
I think -- on to something here Tom because it's not only Idaho there are five other states that want to do this 26.
Very important number because it's more than half have challenged Obama care and in federal court -- one federal Porter another.
Can you imagine what obamacare have ever passed if we didn't have a seventeenth amendment.
If a state legislature sent US senators representing the best interest of the states to the United States senate these things would never have happened may be all of this will bring about a reawakening.
Of the true original fundamental principles of federalism which is that the states have -- principles as you say.
And the federal government is just their agent.
Yeah and that's what I'm trying to restore -- to dig up a lot of this totally forgotten history it is down the orwellian memory hole.
About how states have fought for liberty in the past.
This principled nullification was never used to defend slavery which you hear all the leftists try to claim the only time that was used with regard to slavery was to fight against it.
So it is an eminent -- shots and noble tradition that we need to -- -- and Jefferson would have wanted us to reclaim Tom woods it's a pleasure thank you for joining us.
My pleasure if we can't get congress to cap the day.
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