from Paul Munshine, New Jersey Star-Ledger

I put up a couple blog posts recently concerning state Sen. Jim Whelan’s ignorant and hypocritical attack on Assemblywoman Allison McHose Littell at a hearing Monday.

Whelan – who was a prime sponsor of a bill that was a classic exercise in nullification, the state’s new medical-marijuana law – took it upon himself to give McHose a lecture on why nullification is unconstitutional. Whelan later compounded that error by having Thomas Jefferson rise from the dead to take a role in the politics of the 1830s.

The typical reader is probably not up on such issues. But over at the libertarian Lew Rockwell blog, the writers tend to be obsessed with curbing the power-grabs of the federal government, whether in a form akin to Whelan’s pet cause of marijuana legalization or McHose’s plea for the state to oppose the individual health-insurance mandate.

There I came upon this column which gives a good overview of nullification. I strongly recommend the senator read it before his next effort at mangling history. An excerpt:

“Finally the states are starting to fight back against this encroachment on their rights to create a governing atmosphere in accordance with the will and the character of their residents. As of today more than 20 states have either introduced, passed or signed non-binding resolutions or binding legislation which basically warns the federal government to “cease and desist” from any and all activities outside the scope of its constitutionally delegated powers.


Michael Boldin

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



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