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Thread: Is nullification a "sketchy constitutional theory"?

  1. #1

    Question Is nullification a "sketchy constitutional theory"?

    Is nullification a "sketchy constitutional theory"?

    http://www.campaignforliberty.com/blog.php?view=36837
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    "A politician will do almost anything to keep their job, even become a patriot" - Hearst



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  3. #2
    Just ask Mr.Jefferson..
    The ultimate minority is the individual. Protect the individual from Democracy and you will protect all groups of individuals
    Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual. - Thomas Jefferson
    I must not fear. Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. I will permit it to pass over me and through me. And when it has gone past I will turn the inner eye to see its path. Where the fear has gone there will be nothing. Only I will remain.

    - Bene Gesserit Litany Against Fear

  4. #3
    His problem is examining it within the context of the judicial branch. It doesn't matter what the Supreme Court thinks about nullification. Nullification is an express rejection of the Federal Government's position so their approval is neither necessary nor wanted.

  5. #4
    Quote Originally Posted by teamrican1 View Post
    His problem is examining it within the context of the judicial branch. It doesn't matter what the Supreme Court thinks about nullification. Nullification is an express rejection of the Federal Government's position so their approval is neither necessary nor wanted.
    Yes in law school lawyers are taught that the Supreme Court is the final say and that's all they know. Tom isn't a lawyer he is a historian so he didn't go through that brainwashing.
    __________________________________________________ ________________
    "A politician will do almost anything to keep their job, even become a patriot" - Hearst

  6. #5
    Quote Originally Posted by Matt Collins View Post
    Yes in law school lawyers are taught that the Supreme Court is the final say and that's all they know. Tom isn't a lawyer he is a historian so he didn't go through that brainwashing.
    They do teach Marbury v. Madison as gospel, but the text doesn't lie, and those who are drawn to faithfully upholding it will see that nowhere is there given any, ANY veto or review of state actions.
    The evils of the protecting-duty, may undoubtedly be graduated by compromises, like those of every other species of tyranny, but the folly of letting in some tyranny has in all ages been fatal to liberty. A succession of wedges, though apparently small, finally splits the strongest timber. ~John Taylor of Caroline, Tyranny Unmasked

    We have four boxes with which to defend our freedom: the soap box, the ballot box, the jury box, and the cartridge box. ~Congressman Larry McDonald.

  7. #6
    Here's a defense of nullification and attack on judicial supremacy from a widely published professor of constitutional law, Michael Paulsen:

    http://www.freerepublic.com/focus/f-news/1301448/posts

  8. #7
    One valid point implicit to what he's saying is that if a state takes the nullification route, it has to be ready to see the feds turn up the heat on it. The state legislature has to have the conviction to stick by that law even if the Supreme Court rules it unconstitutional. It has to authorize state law enforcement to arrest federal agents who are trying to enforce federal laws. And it has to have a way of responding then the feds cut off funds to the state.

    If we get state level legislators on board with nullification, we have to make sure they know that they can't just pass a nullification law and then just give up and say, "Well, we tried." when a federal court rules it unconstitutional.
    Last edited by erowe1; 07-09-2010 at 02:16 PM.

  9. #8
    Quote Originally Posted by kkassam View Post
    Here's a defense of nullification and attack on judicial supremacy from a widely published professor of constitutional law, Michael Paulsen:

    http://www.freerepublic.com/focus/f-news/1301448/posts
    Can anybody find the footnotes for this? The original link which is supposed to contain the footnotes has been relocated...
    It doesn't end with this election cycle. Commit to long term change, and you won't see all the GOP state convention shenanigans as the end of the Ron Paul Revolution--but as the end of the neocon control of the GOP, (and the beginning of the Ron Paul Revolution). Hang in there for another year or so, and you'll start to see some absolutely amazing results for all of our efforts. ~Ninja Homer



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  11. #9
    State government options?

    - Nullification
    - Interposition
    - Repealing the 17th Amendment
    - Constitutional Convention
    - Secession


    I don't see any other choices.
    __________________________________________________ ________________
    "A politician will do almost anything to keep their job, even become a patriot" - Hearst

  12. #10
    Quote Originally Posted by Matt Collins View Post
    State government options?

    - Nullification
    - Interposition
    - Repealing the 17th Amendment
    - Constitutional Convention
    - Secession


    I don't see any other choices.
    Nullification may be a sketchy constitutional theory, but it works on some issues nonetheless. If we could just get one State to nullify the legal tender laws, that State would be a WINNER!



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