Lookie what Fox News found

The idea is not just going to go away.

While opponents continue their attempts to paint state nullification of the federal health care act as a kook, fringe idea rooted in racism and repudiated by the Civil War, the concept continues to garner more and more mainstream media attention. The AP has done two stories on nullification in the last couple of weeks, and one of them even provided a pretty fair and balanced look at the concept.

Now Fox News has taken notice, much to the chagrin of the Daily Kos. First, watch the video:

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The Federal Government is Not Our Boss

Richard Mack says – “Ask your sheriff: Will you uphold and defend the Constitution and protect it from all enemies – foreign and domestic?” Excerpts from an exclusive interview with Sheriff Richard Mack at Nullify Now in Phoenix, AZ. Sheriff Mack comments on State Sovereignty, the power of the local Sheriff, what is means to…

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The legality of nullification

A frequent commenter to the Ohio Republic blog, Robert Barga, brings up an interesting objection to nullification in his comment on “Health Care Ruling, Victory or Trojan Horse?” (Feb. 1). Mr. Barga, who is an Ohio resident studying law in Connecticut, writes:

Here’s the thing, I think that the court will find that this is an allowed action on Congress. If growing your own wheat for your own use is interstate commerce, then healthcare clearly is (right or wrong, this is how i see the court ruling)

Furthermore, I don’t really see how nulification could work. While an argument over the right of it is interesting, the court has made it clear that the state’s dont have the right to do that (see several cases prior to the 1860s, most after are clear cause of that war thingy).

Here is my response:

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