Thread: Nullification

A thought To Ponder - Why Aren't States Using Nullification?

What is nullification? It is a concept that was originally written by Thomas Jefferson in 1798 in The Kentucky Resolutions. Nullification is the act of the states to undo legislation by the federal government that the federal government does not have the authority to pass.

When Jefferson wrote about nullification he was battling this question; what happens when the federal government oversteps its Constitutional Authority? Jefferson argued that if the states formed the federal government and ratified the Constitution, then the states have the power to decide if the federal government is in line with the Constitution, not the federal government.
In other words, the states get to be the final judge on federal law, not the Supreme Court. The Supreme Court is an agent of the federal government and according to Jefferson could not be trusted to keep itself in line with the Constitution. The states, however, have all of the power not given in Article I Section 8 of the Constitution. Jefferson argued that the Tenth Amendment allows for states to tell the federal government, no. Simply tell them that their law will not be put on the citizens of their state. Jefferson further explains that the states are not united on a principle of unlimited submission to the federal government.
So how does nullification work?
If the federal government passes a law that is unconstitutional the state legislature just simply writes a resolution, passes it in both houses, then sends it to be signed by the governor telling the federal government that the law does not exist in that state. No Supreme Court case, no lawyers, the state simply says no. This is well within the states duties and rights.
If that is not enough, then you have the Virginia Resolution of that same year written by James Madison, known as the Father of the Constitution. In this document he tells Virginia that the only way the union would survive is for the states to watch over the federal government and assure that it exercises only the powers assigned to it and agreed upon in the Constitution.

I believe that no state is trying to opt out on any law.

Nullification would be saying that they opt out of said laws.

They are trying to help their citizens by upholding all laws.

It's the White House that is pulling a power play so all the illegals will vote to keep him in power, no matter how much we complain.

I was thinking about the healthcare bill that was passed.
Would that be a classic example of what they are referring to here?

Originally Posted by partwerks

I was thinking about the healthcare bill that was passed.
Would that be a classic example of what they are referring to here?

Thanks for that info, and I see what you are leading 2.

This gets used on a most likely smaller agenda by states, for example. Feds say speed limit is now 55 mph on all interstate highways.
State like A.Z says nope "we did". Federal government pulls highway funds.
Now that money has to come from state budget, gas tax etc.
Or MLK holiday, A.Z Say's nope can't afford to pay state workers another holiday. Fed Say's yes you will. And of course A.Z is racist, no of course we are not fiscally responsible. Just like now red neck racists with immigration enforcement. And we did. So you see states can but they get punished because theres more followers than leaders. and the left and political correctness crowd have brain washed enough voters to follow like lemmings taking our nation off a cliff.
In my pissed off opinion.

airdale wrote

..State like A.Z says nope "we did". Federal government pulls highway funds. Now that money has to come from state budget, gas tax etc.

Yep, look what's going on in Mass..they are changing their schools' ciriculum to quallify for part of the stimulus which includes money from the Dept of Education. It also means the further dumming down which a lot of people are mad about. But the point is that the Fed hold thses funds hostage unless the states conform..just like they're holding our border hostage until we agree to CIR. They're nothing but thugs and traitors and arent' worth the air they consume.

Nullification has also been used at the local level. Back in the 60's the city of Los Angeles refused to enforce Federal draft laws. If the Feds wanted to arrest someone for refusing to be inducted into the army to fight in the Viet Nam war they had to send in FBI agents. Local law enforcement wouldn't do it for them.

Originally Posted by Justthatguy

Nullification has also been used at the local level. Back in the 60's the city of Los Angeles refused to enforce Federal draft laws. If the Feds wanted to arrest someone for refusing to be inducted into the army to fight in the Viet Nam war they had to send in FBI agents. Local law enforcement wouldn't do it for them.

Let's say that the feds win and no state can enforce federal law.

Bank robbers will run around like pimps with no local law enforcement in the way. Etc, Etc,Etc

Way to go Obummer, launching a civil war with the constitution.

The federal government just might push too hard and states might begin to move towards nullification.

Several states have ongoing platforms to leave the USA at any moment, for which moves are not only being discussed, but being enacted upon with very solid moves and standards.

The federal government has proven over time that Washington has, sadly, become nothing more than a big money pit for pitted big money people to gather and create actions against their fellow Americans, while at the same time increasing their own money pits which then increases their powers.

Powers, incidentally, that will do them ZERO good when they die and face God Himself.

This is in the wrong place but this string is good about it.

http://www.alipac.us//ftopict-206663.html