Consider the two counties in Oregon (Jackson and Josephine) that banned GMO crops.
Consider the measures in Maui, Kauai, and the Big Island of Hawaii that blocked further development of GMOs and the spraying of toxic pesticides.
They all won.
Then the state government of Oregon, in order to stop the trend, passed a law forbidding counties from unilaterally banning GMOs.
In Hawaii, a federal magistrate struck down the victories in Kauai and the Big Island, on the basis that such matters are controlled by state law. If he has his way, he’ll render the same opinion re Maui.
In each case, the determination is the same: state law takes precedence over county law.
Translation: the state can decide what its own powers are, and then enforce them. The courts and judges will fall into line.
This was exactly, on a higher level, what the US Constitution was framed to avoid. That document ceded enumerated powers to the federal government; all other powers were reserved for the individual states or the people.
Therefore, the individual states could nullify federal laws or mandates that exceeded those enumerated powers. Nullify; strike down.
By analogy, the individual states can’t arbitrarily take on powers and bend counties to their will. Counties can nullify actions of state governments.
The people (e.g., voters) aren’t supposed to be androids who, having ceded a certain amount of power, simply stand back and watch the passing show, as governments gather more and more force to themselves. The people can intercede.
Nullification may seem like a long shot—but consider that other legal efforts have, so far, in Hawaii and Oregon, failed to sustain the ongoing right to ban GMOs. Failed.
Shifting the argument to the more fundamental issues I’m raising here challenges all parties, all laws, all crimes, all criminals.
Otherwise, I assure you, the states and feds will simply continue to assert they have the power to side with Monsanto, Dow, DuPont, BASF, Syngenta.
They’ll say, “Counties can’t ban GMOs. It’s a matter for state law.”
And again, what is state law? The state declaring it has the power to do what it wants to.
Most lawyers, if consulted about nullification, will says it’s useless and/or illegal.
They don’t realize that the big picture dictates asymmetrical battles—-smart court filings, frivolous court filings, and “awakening” filings such as nullification.
ALL legal battles on this GMO issue should form the background and the occasion for relentless publicity, exposure, scandal, pressure, and so on.
Victory isn’t found inside the system, but it can be found using the system.
Unless you’re devoted, move by move, to playing a game that’s already rigged against you. Then you lose.