I know this is a thread about the JBS, but I think we can leave it out of the discussion because their complaint has nothing to do with mine. It’s a strawman often used to avoid the glaring flaw in COS. I believe COS is obviously constitutional. But I also believe the Bill of Rights is constitutional. I know you think of cases where lower courts and SCOTUS have ignored those and ruled on personal preference or the zeitgeist.
As far as no court upholding nullification, there’s never been a time of overt, government lawlessness like we have now, so I don’t think the question is relevant because we’re in a crisis. And nullification is implicit in the supremacy clause through the language “pursuant to the constitution.” Who decides what’s pursuant to the constitution? Federal judges? That language has no meaning if the federal government can pass unconstitutional laws and the federal government can then declare them constitutional. States decide what’s pursuant to the constitution. The Feds were wrong to enforce the fugitive slave act on Wisconsin because Wisconsin’s nullification was constitutional. Nullifying Obamacare, ATF rules, EPA regulations, Roe v Wade, marriage for Sodomites, and other fed overreaches would absolutely be constitutional.
The framers were sending an engraved invitation for violent intervention from the King when they signed the Declaration. That’s not the issue.
And besides all this, the framers pretty much all said that you can wad that document up and burn it once we have an immoral, idiotic, selfish electorate. At least some states still have sanity. I don’t feel like waiting on Virginia (who made a piece of crap their governor) to see if my kids will inherit a free country. Most of the people in my state want liberty, it’s their God-given right, they should have it.
Once we've exhausted all legal, peaceful means, then you and I can meet shoulder to shoulder at the ramparts, but until then you're just picking a fight that you're going to lose, and you're gonna take us all down with you. I can't support that.
The logical progression of your approach leads to the destruction of the nation. So does Obama's, by the way. I choose differently.