This is how it started when I posted the Nullify Obamacare in North Carolina Petition on a Facebook page. In a very civil discussion we debated the pros and cons of nullification vs. “the throw the bums out” and the “go to court” approach to unconstitutional federal laws.
You say, “There are three ways to avoid Federal laws: 1) get the Congress to repeal them; 2) get the President to back down from enforcing them; and 3) get a Federal Court to enjoin their enforcement.” So, your answer is to return to the very ones who have given us this, and many other unconstitutional actions, and plead with them to stop. Well, so far that has been working real well for us, hasn’t it? And even if they did, it could be reversed at the next election.
We have tried this solution and it hasn’t worked.
Even you admit that the Supreme Court can did dig around in the Constitution to find a “clause” they say will justify this mandate. That is the problem; they will never give up powers taken from the States as long as the states refuse to say, “NO MORE!”
You say, “Sometimes impasses can be relieved through compromise among the political actors involved in a dispute. But when there is no retreat and no compromise, resort must be had to the courts and their judgments have been respected to the benefit of all, even those who may lose a particular dispute.” The only compromise we seem to be offered by the very leviathan you elude too seems to be what color of chains we would prefer.
You are correct in saying that “one or two states nullify a law will not stop them, but if more and more states do so then they have to either give in or use force.” The day they use force will be the end of this union of independent, sovereign States,because the writing will be on the wall. Either States will be forced to submit and become vassals of a centralized government, or these united States will form a new general government.Details