Hey there anyone with knowledge of history, want to tilt at the windmills again with another fight over State Nullification? Was that a, "Hell no!" I heard? Well looks like you're lucky for the legislature stopped a few inches short of proposing state nullification of federal law. Instead of claiming the state has a right to unilaterally declare federal laws unconstitutional proposition 122 would simply say the state chooses to claim the right to ignore any federal laws it doesn't like. Proposition 122 decrees that, "this state and all political subdivisions of this state are prohibited from using any personnel or financial resources to enforce, administer or cooperate" (emphasis added) with any federal action or program if anyone in the state says they don't like it. This is only a slight exaggeration. It takes a tiny bit more than someone saying they don't like it. How much more? Any one of:
- passing and initiative or referendum
- the legislature passing a bill
- pursuing any other available legal remedy (Again, emphasis added)
Note what was not listed there.
- No requirement to explain why a federal law is believed to be unconstitutional.
- No requirement to give any reason whatsoever.
- No check and balance, no court review, no review by anyone.
If the state passes a bill saying in total, "We hate any federal law that has the letter 'S' in the title, these laws are bad and wrong and anyone enforcing them is evil," that would be sufficient to ban any portion of the state or local governments or agencies from having anything to do with any federal law that contained the letter 'S' in the title. Or, for a more serious example, going by