James Madison, Thomas Jefferson, Nullification and “Insupportable Oppression”

Some of the so-called “experts” who want you to believe that nullification is invalid because James Madison wrote what seems to be a vehement opposition to it in the 1830s are just uninformed. Others, are just plain liars.

Either way, they’re wrong.

Here’s the deal.

John Calhoun and South Carolina proposed a specific kind of nullification in response to the “Tariff of Abominations,” as it was called. Madison denounced that. He used some serious language to write against it. And he was correct. He repeatedly referred to what he was opposing as “Her” doctrine of Nullification, or South Carolina’s “peculiar doctrine” of nullification.

In other words, he was addressing – specifically – what people were asking him about, and that was the South Carolina proposal that they could invalidate a federal act and the rest of the country would have to assume they were correct unless they held a convention to override the single state.

I’m not going to spend more time on this – because that’s obviously not a federalism ideal. And I agree with Madison’s opposition to that style of nullification – primarily the idea that every other state has to auto-agree with the one nullifying.  That’s just not the case.

But, what’s most important about Madison’s “Notes on nullification” is the fact that he did indeed consider nullification, as Jefferson did, a proper remedy.


Judge Andrew Napolitano on Nullification

Here’s a guy who many consider to be a pretty sound thinker on the Founders view of the constitution – Judge Andrew Napolitano. What did he have to say about states-resisting federal power with nullification? They are on firm historical ground, and firm constitutional ground as the Constitution was understood by those who wrote it.…


More Hysteria Over a Natural Right

Recently, I was made aware of a story from somewhere in the middle of the country. A child had taken what appeared to be a weapon to school.  Another child saw it and began screaming hysterically, “A gun, a gun.” The usual overreaction ensued, and the child was suspended. The parents probably had to be evaluated by a local shrink for good measure.

A Christmas Story is an American classic, capturing childhood memories of growing up in the 40’s.  The child wanted a Red Rider BB rifle. He was 10 years old at the time. His father said he got his when he was 8 years old. The ownership of guns and training youngsters in their proper use was a staple of the American scene for many, many decades – in fact, a few centuries. There was a time in this country when the local police would come to elementary schools once a week to teach the children how to handle a shotgun or a rifle. There was a time when the elementary kids had a shooting club. One Friday a month, they would all bring their rifles to school, and they would set up a target range to do target shooting during PE time.  Nobody thought a thing about it.

What happened to us?


An Olive Branch to Mark Levin on Nullification

If Mark doesn’t consider this reasonable, deletes our post on facebook, or attacks us as pseudo-anything, that should speak volumes.

Here’s what we had to say, on my personal approval, on his facebook page today:

And for posterity, since we know his staff is prone to delete posts that disagree with him, here’s the full text:


Non-Compliance with Obamacare In Florida Riles Obama Administration

Florida continues to keep an arm’s length distance from the Patient Care and Affordability Act, and the state’s actions are creating impediments to the implementation of Obamacare.

First,the legislature opted not to create state run health exchanges during the 2012 session. Now Obamacare “Navigators” are barred from enrolling people into PACA on Florida Department of Health property.

An exception has been granted for federally qualified health centers operating within local health departments. There are 41 such clinics in Florida. These entities have received approximately $8 million in federal grants to assist uninsured Floridians with enrolling in the increasingly unpopular and unconstitutional health care scheme.

County Health Department staff may accept informational material from Navigators to hand out to health department patients who request it. The access prohibition order was made by the department’s Deputy Secretary for State Wide Services C. Meade Grigg. Ashley Carr, a spokesperson for the Department of Health issued this statement regarding the order