Nullification: Are all Efforts Led by the Right?

A recent article on The Center for Media and Democracy’s PR Watch website, describes current nullification efforts, and provides a brief history of the principle of nullification.  The article, by Brendan Fischer, titled, Will GOP Governors Really try ‘Nullifying’ Obamacare? blames current nullification efforts on states with  Republican governors.  The article also provides the typical “nullification was used to protect slavery” argument.

Both claims are false.

States with Democratic governors are nullifying as well, and nullification was never used to protect slavery.

There are several nullification efforts happening in the United States.  Despite the article’s claims, states with Democratic governors are leading the nullification charge as well. Here’s a few:

Details

Texas Moves To Nullify NDAA

House Bill 149 (LS: 83R) – Texas Liberty Preservation Act.

Website: http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB149

HB149 is a Bill introduced in the Texas Legislative Process on Nov. 12, 2012, by its author (Rep. Lyle Larson) and currently sits at stage 1 (filed). The design of the Bill is to nullify portions of the National Defense Authorization Act (NDAA) implemented by the federal law. Specifically, sections 1021 and 1022 are being made invalid and illegal in the State of Texas. You can read the entire bill here: http://www.capitol.state.tx.us/tlodocs/83R/billtext/pdf/HB00149I.pdf#navpanes=0

Section (1) (b) (1) of the Bill lays out the constitutional groundwork of the findings that prompted the bill in the first place. It notes the limitations of the federal government under the 10th Amendment. It read:

(b) The legislature finds that:
(1) The Tenth Amendment to the United States Constitution authorizes the United States federal government to exercise only those powers specifically delegated to it under Article I, Section 8, United States Constitution;

Many people think that whatever the federal government creates as law it is the “supreme law of the land” but that is not true. Often the federal government creates laws that are thrown out because they go beyond the powers delegated to the government in the Constitution. Section (1) (b) (3) of the Bill makes this point eloquently clear. It reads:

Details