I recently participated on a round-table discussion on the Tenth Amendment, political sovereignty, delegation of power and nullification on a talk show in Indiana. The panel consisted of me, two left-leaning lawyers and a right-leaning lawyer.
I took two interesting observations away with me.
Most telling was the fact that both of the lefties and the righty disagreed with me, proving a point I’ve been making for quite a while – at the core, the left and right aren’t that much different. Both sides desire expansive government power. They just argue about what part of your life that power should apply to.
I also found it interesting that my opponents’ entire argument rested on the thinnest of ice. It looked solid on the surface. But the slightest poke easily punched holes in it.
Opponents of nullification base their argument on a false premise – the ultimate authority of the Supreme Court. The other three countered virtually every argument I made with, “the Supreme Court says.” It was almost comical. I pointed out in various ways that the Supreme Court does not stand as the sole and final authority on the extent of federal power, and they would answer, “But the Supreme Court says…” In essence, their argument boils down to “the Supreme Court stands as the ultimate authority because the Supreme Court says it stands as the ultimate authority.”