Does Georgia want to secede?
The 10th Amendment of the US Constitution states:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
States have, in the past, tried to invoke the 10th Amendment to nullify Federal Law.
But -- there is also this: Article VI, Clause 2 - United States Constitution
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, 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.
With all of that in mind, is Georgia heading in the direction of Texas in talking about secession? I think a lot of this has to do with red states' dislike of the so-called "Obamacare" and the (hopefully) possibility of federal recognition of same-sex marriage/civil unions.
I understand that it is a Republican viewpoint that many legal powers should be returned to the states. Many states have, in fact, invoked the 10th Amendment in their passages of gay marriage or civil unions, but Republican legislators continuously challenge and try to overturn those laws -- which, I find, to be counter-intuitive to that viewpoint (DOMA, if passed, would effectively nullify states' recognition of same sex unions). I have no problem with states taking legislative authority from the federal government, but when laws are passed that infringe on the rights of the individual I feel it is up to the Feds to enforce a universal law. This is why abortion remains legal in the US (otherwise, it would be banned in several states).
At any rate -- apologies for the ranty-length of this post. I'm sure there are a lot of people here with much, much more knowledge of Constitutional Law than I have. If anyone wants to weigh-in with his/her thoughts or opinions on my thoughts, please do so. Here's the article.
Should Georgia exempt itself from federal law?A panel of Georgia lawmakers would have the power to review federal law and declare it illegal under a proposal in the state Senate.
Senate Resolution 889 would create a "joint commission on recommendation" to advise on which federal laws infringed on the state. If approved by two-thirds of the General Assembly, Georgia residents would be exempted from following them.
Sponsored by state Sen. John Albers, R-Roswell, the proposal would also force lawmakers to "adopt and enact any and all measures that may become necessary to prevent the wrongful enforcement of any federal laws or regulations duly nullified within the boundaries and limits of this state."
The measure has the backing of the Senate's top two leaders -- President Pro Tem Tommie Williams, R-Lyons, and Senate Majority Leader Chip Rogers, R-Woodstock -- who have signed on as co-sponsors.
"The federal government has excessively abused the authority of state and local governments for some time," Albers said, explaining why he sponsored the proposal.
SR 889 has been assigned to the Senate Judiciary Committee.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
States have, in the past, tried to invoke the 10th Amendment to nullify Federal Law.
But -- there is also this: Article VI, Clause 2 - United States Constitution
This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, 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.
With all of that in mind, is Georgia heading in the direction of Texas in talking about secession? I think a lot of this has to do with red states' dislike of the so-called "Obamacare" and the (hopefully) possibility of federal recognition of same-sex marriage/civil unions.
I understand that it is a Republican viewpoint that many legal powers should be returned to the states. Many states have, in fact, invoked the 10th Amendment in their passages of gay marriage or civil unions, but Republican legislators continuously challenge and try to overturn those laws -- which, I find, to be counter-intuitive to that viewpoint (DOMA, if passed, would effectively nullify states' recognition of same sex unions). I have no problem with states taking legislative authority from the federal government, but when laws are passed that infringe on the rights of the individual I feel it is up to the Feds to enforce a universal law. This is why abortion remains legal in the US (otherwise, it would be banned in several states).
At any rate -- apologies for the ranty-length of this post. I'm sure there are a lot of people here with much, much more knowledge of Constitutional Law than I have. If anyone wants to weigh-in with his/her thoughts or opinions on my thoughts, please do so. Here's the article.
Should Georgia exempt itself from federal law?A panel of Georgia lawmakers would have the power to review federal law and declare it illegal under a proposal in the state Senate.
Senate Resolution 889 would create a "joint commission on recommendation" to advise on which federal laws infringed on the state. If approved by two-thirds of the General Assembly, Georgia residents would be exempted from following them.
Sponsored by state Sen. John Albers, R-Roswell, the proposal would also force lawmakers to "adopt and enact any and all measures that may become necessary to prevent the wrongful enforcement of any federal laws or regulations duly nullified within the boundaries and limits of this state."
The measure has the backing of the Senate's top two leaders -- President Pro Tem Tommie Williams, R-Lyons, and Senate Majority Leader Chip Rogers, R-Woodstock -- who have signed on as co-sponsors.
"The federal government has excessively abused the authority of state and local governments for some time," Albers said, explaining why he sponsored the proposal.
SR 889 has been assigned to the Senate Judiciary Committee.