For example, Gail Kerr over at The Tennessean wrote about State Senator Mae Beavers’ bill to block Obamacare: “The U.S. Supreme Court ruled in 2012 that President Barack Obama’s Affordable Care Act is constitutional. State laws cannot trump federal laws.”
Jacob Gershman at the Wall Street Journal’s Law Blog suggested the same before having to retract shortly after.
The knee-jerk reaction of many “experts” is to claim that “Federal laws trump State laws when they conflict” whenever they write about a bill designed to take action against a Federal act.
Many of them don’t have a clue what they’re talking about.
The bills in question are not coming into “conflict” with Federal laws at all; they seek to direct State agents and employees to stop participating in the enforcement of various Federal acts.
In Washington State, for example, House Bill 2272 would ban all public employees from participating in any actions that aid the NSA in its mass surveillance programs. While this would immediately ban the use of warrantless data in court proceedings in the States, it has even more significant impact in a State like Washington, because there is a physical NSA facility there that relies on third parties, such as State agencies, to provide electricity or water to stay operational.
A similar bill has been introduced in Tennessee, where the NSA’s encryption-breaking facility at Oak Ridge resides. And another is expected to be introduced soon in Utah, where the new NSA data center requires as much as 1.7 million gallons of water every day to cool the supercomputers. That water is being supplied by the state of Utah.
In a rallying cry that sounds surprisingly simple, supporters know that no water equals no NSA data center.
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