The Associated Press has a not entirely absurd story on nullification today, linked from Drudge. (It does cite the “supremacy clause” argument against nullification, so it’s not perfect.) The article ends by quoting from a couple online messages sent to the governor about a Missouri nullification bill pertaining to gun rights.… Read More
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Nullification Article Linked from Yahoo Main Page
An interesting piece on nullification , but of course burdened by the usual nonsense. Naturally the only precedent the writer can come up with is southern resistance to desegregation, which is supposed to invalidate the whole principle. (Note the usual double standard: the incarceration of Japanese and Japanese-Americans… Read More
Written Testimony on Behalf of Nullification
Here is the text of the statement delivered by Professor Donald Livingston — who has been an important intellectual influence on me — on behalf of state nullification before the House Judiciary Subcommittee in South Carolina two weeks ago: State nullification is not a violation of the… Read More
Ex-DEA Heads Want to Nullify State Laws
State laws in Washington and Colorado legalizing marijuana need to be nullified by the federal government immediately, say ex-DEA heads , citing — as usual — the Supremacy Clause of the Constitution, which they take to mean that any old law, whether constitutional or not, binds the states.… Read More
Is Nullification Unconstitutional?
Now on some level, we shouldn’t care: resisting violent people who claim the right to expropriate you and force you around is a natural right, and doesn’t rely on any parchment guarantee. But I for one prefer to address my opponents from every angle I… Read More
Law Professors Sternly Lecture Nullifiers, Who Ignore Them
From the Kansas City Star : “The states can’t simply choose to defy and override a valid federal law,” said Allen Rostron, a professor of constitutional law at the University of Missouri-Kansas City. The U.S. Constitution deems federal statutes “the supreme law of the land,” Rostron said, a… Read More
Alaska House Speaker Calls for Nullification
And a local reporter condemns him with the same old fourth-grade arguments . He gives us the Supremacy Clause (which he evidently thinks Thomas Jefferson didn’t know about), which he takes to mean that any old federal law trumps all state law, an interpretation that would have come as a… Read More
Was the Second Amendment Intended to Protect Slavery?
There’s been a lot of talk lately about an article by Thom Hartmann on the Second Amendment. Hartmann argues that the purpose of the amendment was to preserve the slave-patrol militias in the southern states. I think Kevin Gutzman, who posted on this on Facebook, has things about right. It… Read More
Juan Williams: Constitution Is Pro-Gun Control
In an article called “What Everybody Needs to Know About Our Constitution and Gun Control,” Juan Williams of FOX News writes: Gun control is completely consistent with the Second Amendment right to keep and bear arms. And President Obama is on target with the great… Read More
The Nation: It Violates the Constitution Not to Vote for Sandy Relief
The Nation’s John Nichols pretends the general welfare clause was a positive grant of power. If you don’t vote to provide hurricane relief, you are violating this clause of the Constitution. Here I explain what the clause actually means .