Nullification May Be On The Ballot In Arizona

OK I'm done.  I am not trying to be negative, I am trying to make the point that to be effective we should follow the principles that were established by the founders.  Stop saying the Supreme Court doesn't have the authority to judge constitutionality.  Do say its authority is lesser than that of the people or the states that created the constitution.  Do not think a single state or a few can alter its constitution and make it superior to federal law.  Do believe that a majority of states acting collectively can exercise their superior power to judge constitutionality of laws.  Do believe that a majority of states acting collectively can use the tenth amendment to nullify any law that gives a power to the federal government that we did not grant in the constitution.

I haven't made this last point about the power of the majority as our founders saw it but I could maybe later if anyone is interested. 

Here is one reference to Madison being against the ability of a single state to nullify federal law.  The Federalist # 44 by Madison.  In section 2 where he discusses the supremacy clause, which says federal law that is constitutional shall be the supreme law of the land, he asks "suppose for a moment that the supremacy of the State Constitutions had been left compleat by a saving clause in their favor".  In other words suppose Arizona could have a clause in its constitution that was supreme to that of the federal constitution.  He goes on paraphrased, If this were the case treaties or national law of great and equal importance to the States would be valid in some and have no effect in others. 

I'll give the whole paragraph that follows the above thoughts.  " In fine the world would have seen for the first time, a system of government founded on an inversion of the fundamental principles of all government; it would have seen the authority of the whole society every where subordinate to the authority of the parts; it would have seen a monster in which the head was under the direction of the members."

Found some of the references for giving the Supreme Court the power to decide constitutionality.

1.  Hamilton Federalist Papers #78 about the 11th paragraph.  The interpretation of the laws is the proper and peculiar province of the courts.  A constitution is in fact, and must be, regarded by the judges as a fundamental law.  It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.

2. Madison in the "Report on the Virginia Resolutions" or the report of 1800.  In the third to last paragraph he recognizes that  "However true, therefore, it may be, that the judicial department is, in all questions submitted to it by the forms of the Constitution, to decide in the last resort"

What saves us, I believe, is that Madison in the report goes on to say that The Supreme Court has this power but it is a lesser power to that of the states (people) that are the originators of the compact (constitution) that created the government and the courts.  Since we created the government we are the ultimate authority concerning whether government legislation agrees with what we created.  Unfortunately he does not tell us, we the people, how to exercise this superior power other than through interposing which is also undefined.

Public Law 86-70 AN ACT June 25, 1959 To amend certain laws of the United States in light of the admission of the State of Alaska into the Union, and for other purposes. [H. R. 7120] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Alaska Omnibus Act”. TERMINATION OF APPLICATION OF CERTAIN FEDERAL LAWS SEC. 3. Any Territorial law, as that term is defined in section 8(d) of the Act of July 7, 1958 (72 Stat. 339, 344), providing for the admission of the State of Alaska into the Union- (a) which provides for the regulation of commerce within Alaska by an agency of the United States, and (b) the application of which to the State of Alaska is continued solely by reason of such section 8(d), shall cease to apply to the State of Alaska on June 30, 1961, or on the effective date of any law enacted by the Legislature of the State of Alaska which modifies or changes such Territorial law, whichever occurs first.

 @dmellon every time?  are you new here?  If so, you'll want to research how the states have effectively stopped the Real ID act from being enforced for over 4 years now.  And how 17 states are winning the battle against the feds on marijuana.

Rejecting federal actions on a state level doesn't just work, it's the ONLY thing that limits federal power.