A critical detail about nullification is an odd one. The Supreme Court has long held that the courts, and congress, are superior to State courts and State legislatures, respectively. But the SCOTUS has *never* held that the US president is superior to State governors.
This has historically meant that when the president wanted something, and the State or States refused to comply, the president had to use force, or the threat of force.
This began with George Washington. From the very start, the federal government took from the citizenry, then imprisoned them when they were impoverished, which led to the “Shays’ Rebellion.”
http://en.wikipedia.org/wiki/Shays_Rebellion
The rebellion was put down, but persuaded the federal government that it needed more power over the citizenry.
So it was followed up by George Washington, who imposed an unconstitutional tax on whiskey. And no mistake, this was about power as much as tax revenue. Although Secretary of the Treasury Alexander Hamilton’s principal reason for the tax was raising money to service the national debt, he also justified the tax “more as a measure of social discipline than as a source of revenue.” Most importantly, however, Hamilton “wanted the tax imposed to advance and secure the power of the new federal government.”
When people refused to pay the tax, starting what was called the Whiskey Rebellion, and the proud American tradition of moonshine whiskey.
http://en.wikipedia.org/wiki/Whiskey_rebellion
Years later, nullification again came to the fore, supported by both Thomas Jefferson and James Madison, writing in support of the Kentucky and Virginia Resolutions. The popularity of nullification was such that it resulted in the creation of an opposition political party, which was swept into power.
http://en.wikipedia.org/wiki/Kentucky_and_Virginia_Resolutions
But much later, the federal government struck back. When South Carolina rejected a federal tariff, Andrew Jackson offered to take the army to South Carolina and “hang everyone who voted for nullification.” (Theoretically he might have done so, because at the time there was no secret ballot. And Jackson liked to hang people.) So South Carolina backed down.
By the time of Abraham Lincoln, the federal government was seen as so powerful and stubborn, that nullification was almost not an option. But it was by the northern States nullifying the Fugitive Slave Acts, by passing State laws that declared it unconstitutional, that proved that nullification could work, that slavery would not be enforced where the people would not enforce it.
This pushed the southern States to secession.
But in 1913, with the 17th Amendment, the direct election of senators, the States were stripped of their power to directly influence the federal government through normal legislative means, no longer having senators that represented their interests.
Which means that States became victims of oppressive federal laws, and federal judges to force their compliance.
After the Civil War, during reconstruction and through the first half of the 20th Century, efforts at nullification were mostly done by the southern States, to keep the racial status quo. This has put something of a taint on States rights and nullification. Dwight Eisenhower put down States rights by using force, and sending in the US Army to force segregation in Little Rock.
George W. Bush refused to force the federal will over Louisiana after hurricane Katrina, and was sneered at for not doing so, but make no mistake, when Obama orders federal power grabs over the States, he will feel little or no problem with trying to use force to assert federal power.
This means that the decision of the SCOTUS over the constitutionality of Obamacare, and the efforts of the States to nullify it, might result in Obama trying to order the military to enforce his whim. And that will prove problematic.
So basically, you're saying you'd be a total kook to buy as much ammo and food as you can charge on your VISA card, right? Ears would never do us harm.
A very thoughtful analysis. Thanks, for taking the time to write and post it.
So South Carolina backed down??
You better reread history.
Find out what S.C.’s Gov. did and told that jack a@s jackson..
So if SCOTUS shoots down the states claims of obamacare being unconstitutional, we’re pretty much screwed.
However, if there is a state with the stones to nullify this unconstitutional power grab regardless of the court’s ruling ....I’m moving there.
The tax was hated and it was stupid but it was not un-Constitutional.