cross-posted from the North Carolina Tenth Amendment Center
I beg to differ with Heritage Foundation’s David Azerrad’s article New Year’s Resolutions for Conservatives in The Foundry where he states that … “Nullification is blatantly unconstitutional. As James Madison pointed out in 1798, 1800 and again during the Nullification Crisis of 1832, individual states do not have the power to unilaterally declare federal legislation unconstitutional.”
As Thomas E. Woods, Jr. pointed out in his book Nullification and his previous rebuttal Nullification: Answering the Objections article: “If the federal government has the exclusive right to judge the extent of its own powers, warned James Madison and Thomas Jefferson in 1798 on government powers, it will continue to grow – regardless of elections, the separation of powers, and other much-touted limits on government power.”
The Virginia Resolutions of 1798 were drafted by James Madison and agreed to by the legislature of Virginia, James Madison referred to it as the “Duty” of the state to interpose between and federal government and the citizens of the state.
“and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”- James Madison, Virginia Resolutions, 1798Details