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To: Rockingham
There is no express or implied power of nullification reserved to the states.

That's true. In fact, there are NO expressed or implied powers reserved to the states....period.

That's because everything that is not included in the Constitution is therefore excluded. This concept is cemented by the 10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

Is the power of nullification granted to the federal government? No.

Is the power of nullification expressly prohibited by the States? No.

Then it IS a retained power. It's as simple as that.

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Think about it another way - if the intent of the supremacy clause was to make the federal government an unquestionably supreme authority, all the enumerations in order to LIMIT that federal authority are pointless.

The Founders might have well just written that single clause and gone home!

75 posted on 04/02/2012 6:33:23 PM PDT by MamaTexan (I am a ~Person~ as created by the Law of Nature, not a 'person' as created by the laws of Man)
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To: MamaTexan

Fundamentally, nullification makes no sense because it embeds in the Constitution the means of its negation by each state as it pleases. Of course, the supremacy clause means that the Constitution is supreme, not necessarily that the federal government is supreme.


76 posted on 04/02/2012 7:53:48 PM PDT by Rockingham
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To: MamaTexan

Fundamentally, nullification makes no sense because it embeds in the Constitution the means of its negation by each state as it pleases. Of course, the supremacy clause means that the Constitution is supreme, not necessarily that the federal government is supreme.


77 posted on 04/02/2012 7:54:11 PM PDT by Rockingham
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