State Senator Clark Jolley, chairman of the Appropriations Committee in the Oklahoma Senate, suppressed a recent nullification bill there. (On nullification, see StateNullification.com and NullificationFAQ.com.)
A friend sent me a copy of his letter to a constituent. It reads, in part:
Nullification is simply a fantasy that is the most dangerous type – one semi based in reality. It gives a false hope to those who oppose ObamaCare that we somehow can veto the actions of the federal government because we find them unconstitutional. This is pure legal fiction and has been trounced by everyone from George Washington, John Adams, Thomas Jefferson (who is wrongly invoked as supporting the idea), Daniel Webster and many others of our founders.
My oath was to support and defend the Constitution of the United States and the State of Oklahoma. This, in my view, was defending the U.S. Constitution and our republic from a cancerous attack that was based from good intentions. I support the opponents of ObamaCare in their continued opposition to implementation and applaud them for attempting to find any legal manner to restore our individual freedoms. But nullification isn’t that answer.
I would strongly encourage you to read the following explanations from noted conservatives as to why nullification is not just a legal fantasy, it is “dangerous anarchic maldoctrine, cancerous and toxic to the health and vigor of a constitutional republic.”
In support of his statement, he went on to cite David Barton, the Heritage Foundation, and the Cato Institute.