The state of New York, based on a new law signed by Governor Cuomo, has arrested a gentleman for possession of several 30 round magazines for his rifle, infringing significantly on his right to keep and bear arms.
If a state can nullify the 2nd Amendment, then a state can also nullify Obamacare, and state health exchanges. And a motivated state could decide to nullify the onerous federal taxes that are collected under the 16th Amendment but that are then spent on unconstitutional things. And the state could also decide what portion of the federal expenditures were constitutional and protect its citizens from repurcussions by collecting the federal taxes itself and then only forwarding the consitutional part.
The federal government ought to be fighting tooth and nail to prevent New York from doing this, because it totally undermines what Presbo is trying to do.
The Supreme Court has spoken on this matter. Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803) “All laws which are repugnant to the Constitution are null and void.” “Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them” … Miranda vs. Arizona, 384 US 436 p. 491. “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton vs. Shelby County 118 US 435 p. 442 “The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” 16 Am Jur 2d, Sec 177 late 2d, Sec 256