Swordsmyth
01-17-2019, 05:40 PM
The Tenth Amendment Center (TAC) is a leader in promoting the concept, and in a recent news report has cited several efforts of states using nullification to curb federal actions that they argue are unconstitutional. Legislation (HB 1309) introduced in North Dakota would make it a “Gun Rights Sanctuary State.” Specifically, according to TAC, “The legislation would bar any state agency, political subdivision, law enforcement officer or state employee from contracting with or providing assistance to a federal agency or official in the enforcement of a federal statute, order, rule, or regulation purporting to regulate a firearm, firearm accessory, or firearm ammunition in most situations.”
This illustrates well the circumstances in which nullification, or interposition, works most effectively to prevent unconstitutional federal actions — refusal of the state to cooperate in the unconstitutional activity. It is somewhat more difficult to enact laws in defiance of, say, a court decision, and then enforce those laws. But in cases in which states and their local subdivisions just refuse to help the federal government, nullification has been highly effective.
In New Mexico, the “Electronic Communications Privacy Act” (SB 199) proposes to block the use of cell-site simulators, known as “stingrays.” These are devices that spoof cellphone towers, tricking any device within range into connecting to it — the stingray — rather than a legitimate tower. This is a method used by law enforcement to “sweep up communications content,” and locate and track a person in possession of a specific phone or other electronic device. This is, of course, considered a violation of protections found in the Fourth Amendment.
Another bill in North Dakota would effectively terminate the federal loophole by which local law-enforcement authorities circumvent state laws against civil asset forfeiture, i.e., seizing a person’s assets even when he has not been convicted of a crime. Local law enforcement often works with federal law enforcement to continue using civil asset forfeiture, regardless of state laws passed to stop the odious practice.
Kentucky would ban the use of any state resources for the enforcement of some federal marijuana laws, and legalize marijuana use by adults.
Rhode Island has a bill, that if passed, would prohibit “roadway surveillance,” including the use of automatic license plate readers (ALPRs), without a warrant in most situations. This is designed to help block a national license plate tracking program.
More at: https://www.thenewamerican.com/usnews/constitution/item/31216-several-states-invoking-nullification-to-rein-in-federal-government
This illustrates well the circumstances in which nullification, or interposition, works most effectively to prevent unconstitutional federal actions — refusal of the state to cooperate in the unconstitutional activity. It is somewhat more difficult to enact laws in defiance of, say, a court decision, and then enforce those laws. But in cases in which states and their local subdivisions just refuse to help the federal government, nullification has been highly effective.
In New Mexico, the “Electronic Communications Privacy Act” (SB 199) proposes to block the use of cell-site simulators, known as “stingrays.” These are devices that spoof cellphone towers, tricking any device within range into connecting to it — the stingray — rather than a legitimate tower. This is a method used by law enforcement to “sweep up communications content,” and locate and track a person in possession of a specific phone or other electronic device. This is, of course, considered a violation of protections found in the Fourth Amendment.
Another bill in North Dakota would effectively terminate the federal loophole by which local law-enforcement authorities circumvent state laws against civil asset forfeiture, i.e., seizing a person’s assets even when he has not been convicted of a crime. Local law enforcement often works with federal law enforcement to continue using civil asset forfeiture, regardless of state laws passed to stop the odious practice.
Kentucky would ban the use of any state resources for the enforcement of some federal marijuana laws, and legalize marijuana use by adults.
Rhode Island has a bill, that if passed, would prohibit “roadway surveillance,” including the use of automatic license plate readers (ALPRs), without a warrant in most situations. This is designed to help block a national license plate tracking program.
More at: https://www.thenewamerican.com/usnews/constitution/item/31216-several-states-invoking-nullification-to-rein-in-federal-government