Seven States in United States require a religious test for public office holders.

[Guynemer]

Just because there's a debate doesn't mean it isn't legally settled.

That. And I admit to mistakes here on a regular basis.

I kind of like Dr. Punky, though. My hair is a little spiky right now since I got it cut relatively short, so it fits. Thanks, Tex.

[giblets]

The constitution is silent on nullification, actually, but precedent dating back to Andrew Jackson makes it unconstitutional.

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, anything in the constitution or laws of any state to the contrary notwithstanding.

That pretty clearly rules out nullifying federal laws.

Oh, and secession is merely the nullification of all federal laws, treaties and the constitution, so that's out too.

[Hauldren Collider]

Oh, nevermind. My bad.

[Dinner]

I seem to recall the constitution saying something about religious tests to hold public office not being legal.

[regexcellent]

For federal office.

[Ben Kenobi]

The Supreme Court disagrees with you.

Since when is Wikipedia the Supreme court? Oh. I know. Loinburger is referring to the SCOTDG.

If the constitution is silent on nullification - then it falls under the 10th amendment, which reserves powers not explicitly delineated by the constitution to the States.

[Ben Kenobi]

Oh, and secession is merely the nullification of all federal laws, treaties and the constitution, so that's out too.

Has anyone who's attempted nullification argued this? This is a strawman. Nullification has been attempted by states to curtail unconstitutional federal power grabs throughout the history of the United States. Sure - the Feds showed that they had the longer guns, but that's a far showing from saying that they had the legal right to do what they did.

The United States is a compact between the states - the individual states have every right to leave if they should wish to do so. Freely the pact was entered, and freely they may go.

[giblets]

A compact you apparently didn't bother to read.

[Ben Kenobi]

A compact you apparently didn't bother to read.

Show me where in the constitution it says that secession is forbidden.

[giblets]

I inferred that you hadn't actually read the document when you wrote the insane phrase "the constitution protects Nullification". The Constitution is clear that it is the supreme law of the land, anything that state governments say about about overriding federal law notwithstanding. And as far as I'm concerned, the difference between secession and nullification is merely a matter of scale.

[Ben Kenobi]

I inferred that you hadn't actually read the document when you wrote the insane phrase "the constitution protects Nullification". The Constitution is clear that it is the supreme law of the land, anything that state governments say about about overriding federal law notwithstanding. And as far as I'm concerned, the difference between secession and nullification is merely a matter of scale.

The argument:

The Constitution is the supreme law of the land

Ergo, Secession is banned,

Implies that secession is banned under the constitution. Hence my question. What does the Constitution say about Secession? Does it have a special "South Carolina clause", which says that only South Carolina may not secede?

[giblets]

Are you asking me to re-quote the clause in the Constitution that I've already quoted on this page of this thread?

[Ben Kenobi]

Are you asking me to re-quote the clause in the Constitution that I've already quoted on this page of this thread?

The Supremacy Clause?

All the supremacy clause states is that when the constitution of the US differs from the laws of a state - that the constitution prevails. It does not grant the Federal government the power to override the states whenever it wants.

The tenth Amendment limits the Supremacy Clause to only the powers explicitly provided by the constitution to the Federal Government. Fr'nstance, should Barack Obama try to ban guns in Wyoming, in contravention to Federal Law and the second amendment, Wyoming can pass the "Barack go home act", stating that they can do whatever they damn well please, the bill is nullified and has no force in Wyoming. Or anywhere else in the US for that matter.

[Dinner]

For federal office.

All of the constitution applies to everyone or do you think local or state officials can break the constitution? How did jim crow and their violation of the equal protection clause work out? Oh, that's right... The constitution still is in effect for state and local officials as well as the Feds.

Guess what? The anti-establishment clause still covers the states too.

[giblets]

Nice strawman, Ben, but no one is suggesting that the supremacy clause makes the second amendment null. There's something seriously wrong with the way your brain operates.