• Sonny Tufts's Avatar
    04-06-2018, 06:59 AM
    But who's to decide if a State has violated the Constitution? If a State has the right to nullify a SCOTUS decision it doesn't like, it certainly has the right to nullify one that says the State has violated the Constitution. Did Kansas have the right to nullify the ruling that its segregated public schools violated the 14th Amendment?
    26 replies | 740 view(s)
  • Sonny Tufts's Avatar
    04-05-2018, 04:11 PM
    To the contrary, there are several. Congress can limit the appellate jurisdiction of the Court. It can gut its budget. The President can refuse to enforce its decrees. The Constitution doesn't specify the number of Justices, so if Congress and the President don't like a particular decision they can appoint additional justices to overturn it when a similar case arises in the future (which is what FDR's court-packing plan was all about, although the Senate refused to go along). In extreme cases the states can amend the Constitution to overturn a SCOTUS decision, although this has happened only three times. The problem is that some political body needs to have the authority to determine constitutional issues. If you're going to allow state nullification, then you're gutting not only the 14th Amendment and the Bill of Rights in the state but also specific prohibitions on state action in the Constitution ("We don't care that SCOTUS says our law amounts to a bill of attainder, and we hereby nullify its decision."). If Congress gets to be the judge of the constitutionality of its own enactments then the Bill of Rights is worthless nation-wide. To those who think Congress should impeach members of the Court who, in the opinion of Congress, have violated the Constitution, consider a hypothetical federal ban on private firearm ownership that is overturned by a 9-0 SCOTUS decision. The entire court gets impeached, right? Be careful what you ask for; you just might get it.
    26 replies | 740 view(s)
  • Sonny Tufts's Avatar
    03-27-2018, 08:25 AM
    Most likely with the use of property tax revenue, unless this is the park in Seattle that was built with private funds. Query whether the builder continued to maintain it or whether he turned it over to the city.
    81 replies | 4637 view(s)
  • Sonny Tufts's Avatar
    03-26-2018, 10:19 AM
    Who would you get to do this -- the same people who are enforcing the state income taxes?
    27 replies | 400 view(s)
  • Sonny Tufts's Avatar
    03-26-2018, 09:08 AM
    I'm not sure how a state enforces the federal income tax other than withholding from the pay of state employees. But unlike the situation where the state refuses to aid in the enforcement of federal immigration laws, a state that fails to withhold is personally liable for the tax that should have been withheld, so it's doubtful that a state would refuse to withhold. In addition, sanctuary states like California get a lot of federal money, so they're not about to do anything to interfere with the goodie delivery.
    27 replies | 400 view(s)
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We have long had death and taxes as the two standards of inevitability. But there are those who believe that death is the preferable of the two. "At least," as one man said, "there's one advantage about death; it doesn't get worse every time Congress meets."
Erwin N. Griswold

Taxes: Of life's two certainties, the only one for which you can get an automatic extension.
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