On July 31, the Daily Show did a little piece ridiculing nullification. The sketch centered around a Second Amendment Preservation Act passed by the Kentucky Senate during the last legislative session. (The bill died in the House.) After they make the bill’s sponsor look foolish, they bring in a nullification opponent to make the principle itself look foolish. LaRue County Judge/Executive Tommy Turner serves that role. I should note that in Kentucky, a judge/executive serves as the chief executive of a county – essentially the mayor of the county. They are not judges, and the job requires no legal training.
The following is a letter I sent to Judge/Executive Turner
Dear Judge Executive Turner,
I saw your little spot on the Daily Show.
I admit it was mildly amusing. A total distortion of nullification, but amusing nonetheless.
I know it’s supposed to be comedy, but the piece was clearly intended to make a political point. Little does the Daily crew realize – the joke is on them.
Did you know that the “nullification” bill passed by the Kentucky Senate was absolutely constitutional - even according to Supreme Court opinion? The bill was a simple noncompliance bill that would have prohibited state cooperation with any federal attempts to enforce acts violating the Second Amendment. It made no provision for state interference with federal actions.
There is absolutely ZERO serious dispute about the fact that the federal government cannot “commandeer” the states (or their political subdivisions, local governments) to carry out its laws. None. Even the Supreme Court has affirmed this multiple times.Details