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Nov 21, 2010
11/10
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chief's question, whether have been a number of cases raising this question of extension versus nullification, and in every one the court did make a choice. it didn't say we can't make any choice. in the one, matthews v. heckler, it was a race case where the court equalized doubt. but i don't know any one of them -- >> i think that is ordinarily the case. this is a difficult context, and just to go back with the complication from the remedial approach that the chief justice put forward, the expansion of zipship, and if that was applied to everybody similarly situated, it would raise questions whether congress would have the freedom, perhaps after an expansion of citizenship, for people, following this court's decision, that they were citizens, too. >> does inning ring a bell -- something that goes the other way, the right of an american citizen to pass his american citizenship on to his children? when we talk about congress' power over naturalization, is there anything that is drawing a distinction with a general people of people who are not citizens to become citizens, but what seems to me a
chief's question, whether have been a number of cases raising this question of extension versus nullification, and in every one the court did make a choice. it didn't say we can't make any choice. in the one, matthews v. heckler, it was a race case where the court equalized doubt. but i don't know any one of them -- >> i think that is ordinarily the case. this is a difficult context, and just to go back with the complication from the remedial approach that the chief justice put forward,...
731
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Nov 9, 2010
11/10
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do we will spend it how we think it should be spent, not how you tell us and that is a form of nullificationg to obey a federal law when the federal law interferes with the internal sovereign operation of the state. that is what you will see happen. a little bit here, a little bit there, before you realize it -- >> we have seen a lot of this, pushed back to the states in terms of medicare and medicaid and all of the states have to fatten up their own coffers in order to cover those expenses and this is where they are saying, no, the power of the purse is powerful, when it comes to these -- >> nothing the states hate more than what is called an unfunded mandate. congress making them do something and not giving them the money for it. making them pay for it and now you have 36 republican governors who could easily veto something, from a state legislature that requires them to do what the congress wants them to do. martha: i know you will stay on top of this and we'll follow it through. thank you, judge. always a pleasure to see you. and catch the judge on the fox business network weekend, a fan
do we will spend it how we think it should be spent, not how you tell us and that is a form of nullificationg to obey a federal law when the federal law interferes with the internal sovereign operation of the state. that is what you will see happen. a little bit here, a little bit there, before you realize it -- >> we have seen a lot of this, pushed back to the states in terms of medicare and medicaid and all of the states have to fatten up their own coffers in order to cover those...
192
192
Nov 20, 2010
11/10
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. >> you know, i mean, there's a number of cases raising this extension versus nullification, and in every one of them, the court did make the choice. they didn't say, well, we can't make any choice. one was it matthew steve heckler. it was a rare case in which the court did equalize down, but i don't know any one of them -- >> no, i think that is ordinarily the case, but this is -- this is a difficult context, and just to go back with a complication from the remedial approach that chief justice suggested. if the court declared an expansion of citizenship, and if that was held to apply to everybody similarly situated rather than just the petitioner in this case, it questions whether the court had the freedom of such a diplomatic expansion under the law to remedy that with respect to the court's decision, at least the logic of the court's decision suggesting they were citizens too. >> is there anything that rings a bell in your mind? the thing that goes the other way is the right of an american citizen to pass his american citizenship on to his children, and when we talk about, when w
. >> you know, i mean, there's a number of cases raising this extension versus nullification, and in every one of them, the court did make the choice. they didn't say, well, we can't make any choice. one was it matthew steve heckler. it was a rare case in which the court did equalize down, but i don't know any one of them -- >> no, i think that is ordinarily the case, but this is -- this is a difficult context, and just to go back with a complication from the remedial approach that...
141
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Nov 19, 2010
11/10
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. >> there's cases on nullification, and the court did make the choices, well, we can't make any choice. one, was it matthew vs. heckler and it was a rare case where the court equalized down, but i don't know any one of them -- >> no, i think that is ordinarily the case, but this is a difficult context and just to go back with a complication with the remedial approach that chief justice suggested. if the court declared an expansion of citizenship, and that was applied to everyone situated rather than just the petitioner in this case, it raises the question if the congress has the freedom after a freedom under the law to remedy that with respect to people following this court's decision or the logic of the court's decision suggesting they are citizens too. >> is there anything ringing a bell in your mind about this? the right of an american citizen to pass his american citizenship on to his children, and when we talk about -- when we talk about congress' power over naturalization, is there anything drawing a distinction between natural power who are not citizens but to become citizens, b
. >> there's cases on nullification, and the court did make the choices, well, we can't make any choice. one, was it matthew vs. heckler and it was a rare case where the court equalized down, but i don't know any one of them -- >> no, i think that is ordinarily the case, but this is a difficult context and just to go back with a complication with the remedial approach that chief justice suggested. if the court declared an expansion of citizenship, and that was applied to everyone...