What do We Mean by State’s Rights?

Governor Perry seems to have taken two completely contradictory positions by saying he is OK with the mighty state of New York allowing gay marriage but also coming out and saying he would support a constitutional amendment banning gay marriage (http://www.huffingtonpost.com/2011/07/30/rick-perry-gay-marriage_n_914060.html). It would seem that such an amendment would would interfere with a state’s ability to allow gay marriage but this is very much in line with the concept of state’s rights.

In order to understand the concept of state’s rights we must acknowledge that each state has every natural power associated with a sovereign nation except for the ones specifically denied to them by the constitution such as the power to go to war or print money. These things are denied to the states by the constitution itself and it is the only legal document that has any power to subtract any already existing powers from the states. It is the common law of the states and each state is free to do everything that isn’t denied to them by the constitution. You can say they have certain immunities under the law that no other code of law can interfere with (aka federal statutes). This may seem contradictory to those who believe that federal law is the supreme law of the land but this puts the constitution directly above the states and the only legal authority of the states since it is the constitution is the supreme law of the land. This removes the federal government from the chain of command.

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The Joshua Glover story

Michael Maharrey will be a featured speaker at Nullify Now! Kansas City. Get tickets here – http://www.nullifynow.com/kansascity/ – or by calling 888-71-TICKETS

In March 1852, a posse led by a federal marshal and a former “master” apprehended a runaway slave in Wisconsin. They drug him from his home and locked him in a jail in nearby Milwaukee, prepared to send him back south into bondage.

The next day, more than 3,000 Wisconsin citizens broke this former slave out of jail . Over the next several weeks, the Underground Railroad facilitated his ultimate escape to freedom in Canada.

A Milwaukee newspaper editor named Sherman Booth played an important role in motivating the people to free this runaway slave. The incident set off a seven year legal saga, with the federal government vigorously prosecuting Booth for violating the Fugitive Slave laws, and the state of Wisconsin adamantly defending him.

Wisconsin refused to cooperate with federal authorities, overruling federal courts, releasing Booth, refusing to pass trial information to the Supreme Court.

On March 19, 1859, the Wisconsin legislature passed a joint resolution.

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