Regardless of one's view of sales taxes, the state of South Dakota is embarked on a course to challenge the current court to take a 2nd look at the fundamental facts which were the foundation of a 26 year old ruling. South Dakota says that the internet sales realities are an issue the courts did not factor into the ruling.
Another example might be the Reagan Administration's decision to ignore the World Court in Brussels, when the US was charged with violating 'international law'. Reagan simple said; "they have no jurisdiction in this matter".
Many opponents of selective abortion point to the underlying facts which the Roe-vs-Wade decision was based upon. In that 1973 ruling, the court expressly claimed ignorance of when signs of life are established, and which factors would establish personhood and all the constitutional protections which come with personhood.
The Warren Court of 1973 said that new facts would necessitate a further review at a later date. But 45 years later, we are still waiting for the courts to accept a case and conduct a full review. North Dakota legislators attempted the same course of action in 2015, but the high court just ignored their appeal of the 8th circuit decision; a decision which clearly begged the SCOTUS to conduct the full review.
But the Dan Fisher Campaign is prepared to nullify federal rulings on this issue. Tenth Amendment proponents believe that the 10th amendment has been violated by the federal govt., including all 3 branches. Federal courts are supporting the right of federal administrations to enforce federal restrictions and federal statutes, even where the US constitution does not delegate such authority to any federal entity.
A Lesson From Prohibition
When several states sought to make liquor distribution illegal in all states, they did not merely file a federal bill and declare authority over the states in the enforcement of the prohibition. The proponents went further and carved out narrow language to the constitution, itself. This precedent shows us what most astute citizens used to know. When the states formed a new constitution in 1787, they reserved far more power to their state entities than they granted to the federal union. They oft described the 'commonwealth' arrangement.
Dan Fisher has a large task ahead of him, if he is to catch hold with the voters. This commonwealth understanding is very foreign to many of the electorate.
If this legal maneuver actually does 'stiff-arm the federal govt. there will be other battles within the state when Indian tribes decide to provide abortion services under their own claims of sovereignty.
Opinion of the Editor
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David Van Risseghem is the Director of Sooner Politics.org. The resource is committed to informing & mobilizing conservative Oklahomans for civic reform. This endeavor seeks to utilize the efforts of all cooperative facets of the Conservative movement...