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Is the California Values Act an attempt at nullification?

Discussion in 'BBS Hangout: Debate & Discussion' started by Os Trigonum, Sep 24, 2017.

  1. Os Trigonum

    Os Trigonum Okogie Only Fan
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    thought this was interesting, the comparison to Brown v. Board of Education might give some pause

    http://theglitteringeye.com/nullification/

    Nullification
    Dave Schuler September 24, 2017

    “Nullification” is the theory that the states have the right to ignore or “nullify” any federal law they deem unconstitutional. Nullification would seem to fly in the face of the Constitution’s Supremacy Clause:

    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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.​

    It was used unsuccessfully by some Southern states to reject integration of their schools. In their decision in Cooper v. Aaron the Supreme Court explicitly rejected the theory of nullification saying in part that Brown v. Board “can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes for segregation” and asserting that state attempts to nullify federal law are ineffective. Nullification has never been upheld by the U. S. Supreme Court.

    California legislators have recently passed a law, the “California Values Act”, effectively making the state of California a sanctuary for illegal immigrants. The Los Angeles Times reports:

    California lawmakers on Saturday passed a “sanctuary state” bill to protect immigrants without legal residency in the U.S., part of a broader push by Democrats to counter expanded deportation orders under the Trump administration.

    The legislation by Sen. Kevin de León (D-Los Angeles), the most far-reaching of its kind in the country, would limit state and local law enforcement communication with federal immigration authorities, and prevent officers from questioning and holding people on immigration violations.

    After passionate debate in both houses of the Legislature, staunch opposition from Republican sheriffs and threats from Trump administration officials against sanctuary cities, Senate Bill 54 was approved Saturday with a 27-11 vote along party lines. But the bill sent to Gov. Jerry Brown drastically scaled back the version first introduced, the result of tough negotiations between Brown and De León in the final weeks of the legislative session.​

    Is the California Values Act an attempt at nullification? If not why not? If so is nullification justified? When?
    Who decides and how do you know?
     

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