Without question, the Constitution was an agreement amongst the several States- not between the states and an existing government. The States created the government and gave it some specific duties and limitations. This is not some case of misunderstanding between a servant government and unhappy constituents.
It is a progressive and clear power grab from the very group that were given very specific duties and told not involve itself in other areas. This is exactly what the Anti-federalist feared when signing off the Constitution and the Federalist assured would not happen. The Anti-Federalist were persuaded that if the federal government went too far, they (the States) would be exonerated from complying.
Obviously, this promise was long ago conveniently forgotten and a reversal of authority has transpired. This has not happened without the collusion and the complicity of the various parts of the government – even the ones that were supposed to protect the States,as provided in the Constitution. The Supreme Court, Congress and the many Presidents – (not just the current one)- have been more than willing to nullify the Constitution. When the States have been pitted against the mother ship, we should not be surprised that the Supreme Court has backed the Death Star. The latest Supreme Court decision is just one on a long list of failures to reign in the federal government.
Therefore, we need to spend less time worrying about whether the media or the Congress or the President, or the Supreme Court will agree with the concept of the States employing nullification as a push back tool. They won’t. We should not expect any of these groups to all of a sudden see the light and become repentant; just the opposite in fact. When a spoiled child receives the news he is no longer in charge of the household, there are sure to be tantrums.
It bears repeating, it is time to stop arguing about the constitutionality of nullification when the opposition has shown no inclination to abide by the Constitution. The fact that the very notion that the States could actually say no to the US federal government, is so foreign to so many citizens, is a testament to how effective the federal government, mainstream media, and the government school system have been in indoctrinating our citizens over the past century.
Unfortunately, on the highway of life, we have allowed ourselves to have been relegated to the trunk. To get out of the trunk, the States are going to have to reassert their ownership of the Constitution. If the Supreme Court says that the federal Health Care program is acceptable, we will need to amend the Constitution, either through Congress or by Constitutional Convention. If the President can issue executive orders which clearly violate the Constitution, the states are going to have to pass counter-measures. It is like an unruly or invasive neighbor, you have put up a fence and tell him to get out of your house and stay on his side of the fence.
The State’s nullification effort will need to take several fronts. The main one will be legislation from the states that specifically counteracts the Unconstitutional laws and presidential executive orders. The second tact would be an immediate Governor’s conference for all fifty states to discuss an immediate cease and desist. The States should insist on an immediate Sunset Clause of all federal laws and Executive Orders. These laws could be re-sponsored in the Congress under the lens of Constitutionality. The third will require a concentrated and relentless effort to hold our Congress representatives and the President accountable to the Constitution.
This will not be easy, and we should expect reprisals, both financial and verbal. We should expect threats, intimidation, and condemnation. We should expect to be cut off at the pass, and ambushed on the curve, but is time to recover our ground and take back the wheel of government.