Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Nabber

“Unfortunately the power of the States to overrule the Supreme Court ultimately lies in Ratification of Amendments — and you need 38 States.”

That applies to federal acts that are within its power and constitutional.

When the federal government exceeds its power with unconstitutional acts that’s when the statements of Jefferson/Madison come into play and state nullification kicks in.

Example: It’s within the federal governments power to raise and support armies, and states can’t deny that power without a 38 state amendment.

However, if the federal government were to pass a law establishing a church for example and requiring everyone to join, or pass a law shutting down all newspapers, then the states can nullify.

The Supreme Court really only has one choice in regards to rights guaranteed by the constitution, not interpret them but obey them. If they don’t then that’s where state nullification comes into play.


22 posted on 02/01/2013 11:56:21 AM PST by ScottfromNJ
[ Post Reply | Private Reply | To 7 | View Replies ]


To: ScottfromNJ

Understand completely.

Please note that I stated that my answer was conditioned as “ULTIMATELY.”

Nullification is a great historical principle to stand upon (and discuss), but if the Supreme Court decides something in contravention, an Amendment ratified by the 38 States is the final word. Even the Supreme Court would not (or I suppose, could not) try to overturn an Amendment. Or would it?


25 posted on 02/01/2013 12:06:00 PM PST by Nabber
[ Post Reply | Private Reply | To 22 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson