When considering modern day nullification and interposition of federal laws (NSA spying, drones, gun control, healthcare, etc.), it benefits us to look at the opinions of two important founders. Although both were advocates of state nullification, each established a slightly different standard for the appropriate time to take this action, as reflected in the Kentucky and Virginia Resolutions of 1798.Details
Today, it is commonly accepted that the U.S. Supreme Court has the sole and final say as to whether or not a federal law is constitutional (after it winds through the lower federal courts). Recently, for example, the Court upheld the Affordable Care Act as constitutional under the auspices that the individual mandate is a tax. This commonly accepted notion is wrong.Details
From Federalist #45, James Madison’s words are pretty straightforward.Details
Here’s something to think about:
You have better toys and technology – but less freedom than the founding fathers had.
Hard to argue with this guy on the right of states to nullify.Details
Even the “big government” guy of the founding generation – Alexander Hamilton – agreed: “There is no position which depends on clearer principles, than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the constitution, can be…Details
In St. John’s Church, Henry made a bombastic speech in which he drew a stark line between liberty and tyranny. He ended his speech by announcing “I know not what course others may take; but as for me, give me liberty or give me death!”Details