Posted on 03/08/2011 10:16:52 AM PST by george76
State nullification is the process by which states can reject and refuse to enforce unconstitutional federal laws. It has been a component of American law since the inception of the republic. In Thomas Jefferson's draft of the Kentucky Resolutions of 1798, he first introduced the word "nullification" into American politics. In his follow-up of the resolutions in 1799, Jefferson asserted that "nullification...is the rightful remedy" when the federal government overreaches its constitutional limitations. Likewise, at the Virginia ratifying convention of 1788, Virginians were told that they could be "exonerated" if the federal government attempted to impose "any supplementary condition" upon them.
At Saturday's event, one of history's greatest examples of nullification-which took place on March 11, 1854 — was celebrated
...
According to Woods:
Nullification begins with the axiomatic point that a federal law that violates the Constitution is no law at all. It is void and of no effect. If a law is unconstitutional and therefore void and of no effect, it is up to the states, the parties to the U.S. Constitution, to declare it so and thus refuse to enforce it...Nullification provides a shield between the people of a state and an unconstitutional law from the federal government.
The next stop for the Nullify Now! tour will be in Manchester, New Hampshire on March 19
(Excerpt) Read more at thenewamerican.com ...
There is no “nullification” of a constitutional law. Jefferson unleashed this boneheaded concept which was immediately repudiated by all states not under Virginian control. But he did not care what the constitution meant if it interfered with his nutty agenda.
Andy Jackson had the right idea about nullifiers when the threatened to hang the South Carolinians if they interfered with federal policy.
Obama care can be defeated by certain state actions but not by “nullification”.
Wonderful concept, but I believe the concept itself was nullified in 1861-1865.
*Before 1861, It was; “The United States ARE”
After 1865, It is; ‘The United States IS.”
* Shelby Foote
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.