DDI09.SS.FoodStampsStatesNullification2ac.wave4 - Dartmouth...

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7882818e003f203927c7acd2d910dc017d90db20.doc Dartmouth 2K9 1 A2: States ignore quality control 1. Perm do both 2. In order to take part in the food stamp program and receive funding, a state must comply with all federal laws regarding the program. Klein '97 (P.J. Klein, Court of Appeal of the State of California Second Appellate District, Division Three, 10/29/07, Aktar et al., V. Anderson, http://docs.google.com/gview? The federal food stamp program was enacted in 1964 to "alleviate such hunger and malnutrition" among America's poor. (7 U.S.C.A 2011.) Under the program, eligible households receive food stamp coupons that can be redeemed for food items at participating retail stores. (7 U.S.C.A. 2013 (a).) The Program is administered nationally by the Secretary of the USDA who is responsible for issuing regulations consistent with the Food Stamp Act . (7 U.S.C.A. 2013 (a), (c).) States that participate in the food stamp program designate a state agency that is responsible for administering the program at the state level. (7 U.S.C.A. 2012 (n).) The state agency must administer the program in compliance with the Act and its implementing regulations (7 U.S.C.A. 2020(e)(5), (e)(6).) While the federal government bears responsibility for the cost of food stamp benefits (7 U.S.C.A 2013(a)), the states share with the federal government the costs of administering the program. (7 U.S.C.A. 2025.) b. California's participation and its agreement with the USDA. If a state elects to participate in the federal food stamp program, it must develop a state plan of operation which conforms to federal law. (7 U.S.C.A 2020(d); 7 C.F.R. 272.2.) One of the components of the state plan is the Federal/State Agreement, which is the legal agreement between the state and the USDA . (7 C.F.R. 272.2(a)(2).) "This Agreement is the means by which the State elects to operate the Food Stamp Program and to administer the program in accordance with the Food Stamp Act of 1977, as amended, regulations issued pursuant to the Act and the FCS [Food and Consumer Service]- approved State Plan of Operation. " (7 C.F.R 272.2(a)(2).) As part of the standards agreement, the state agrees "to fully comply with any changes in Federal law and regulations. " (7 C.F.R. 272.2(b).) 3. A. Nullification of federal laws is directly at odds with the Supremacy Clause Woods '7 (Thomas E. Woods, New York Times bestselling author, senior fellow at the Ludwig von Mises Institute, 2007, '33 questions about American history you're not supposed to ask' pg. 27) A modern objection raised against scholars impertinent enough to mention nullification today is that it violates the supremacy clause of the Constitution. That clause , found in Article VI, reads: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme
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This note was uploaded on 12/20/2010 for the course K 101 taught by Professor Staff during the Fall '10 term at UMass Lowell.

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DDI09.SS.FoodStampsStatesNullification2ac.wave4 - Dartmouth...

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