After his last post on nullification, North Carolina Tenth Amendment Center state chapter coordinator William Kennedy roughed him up pretty good. And a post by Jonathan Adler over at the Volokh Conspiracy schooled him too. That got Benen’s attention, so he brought in “big gun” law professor extraordinaire David Gans, the director of the Human Rights, Civil Rights, and Citizenship Program at the Constitutional Accountability Center.
Of course, big guns don’t do much more than make noise when loaded with duds.
Benen rolls out a strategy typically used by keepers of approved opinion. First they try to make the unapproved idea go away with some conventional wisdom spoon-fed with a healthy dose of ridicule. If that fails, they bring in some guy with impressive credentials to couch the same fallacious conventional wisdom in academic language.
So, let’s take a look at a few of Gans’ assertions.
“Nullification was a 19th century theory, identified most closely with South Carolina Senator John C. Calhoun…”Details