Nullification is no mere “Constitutional Right”

As Thomas Jefferson made clear when he wrote the Kentucky Resolutions in 1798, Nullification is not something that’s permitted to the people of the states by any document – it’s their natural right to resist oppressive power. From this, one could easily posit that this right is one that the federal government is barred from infringing under the 9th Amendment.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

More on the 9th in a future power. Here’s Jefferson:

“that every State has a natural right in cases not within the compact to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them”

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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.

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Thomas Jefferson on Unconstitutional Acts

Some pretty straightforward stuff here

It’s All About Liberty

The founding generation had many reasons for wanting to form a ‘more perfect union.’

Having fought a long bloody war for freedom, many recognized the advantages the union offered in terms of mutual defense. At the signing of the Declaration of Independence, Benjamin Franklin famously quipped, “We must all hang together, or assuredly we shall all hang separately.”

Along those same lines, many founders believed the states would fare better in international relations interacting with other world powers as a united entity. Even operating as a union, the Americans were at a significant power disadvantage when dealing with England, France, Spain and other European powers. Separately, they would have virtually no power.

Then there were the economic advantages of a union. In much the same way unity increased diplomatic power, it also increased the America’s economic power.

Alexander Hamilton even argued that a single general government would conserve American resources.

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