21 January 2011

Nullification Making A Comeback?

After leading the nation last year in passing a law to sue the federal government over the health care overhaul, Idaho's Republican-dominated Legislature now plans to use an obscure 18th century doctrine to declare President Barack Obama's signature bill null and void. Lawmakers in six other states — Maine, Montana, Oregon, Nebraska, Texas and Wyoming — are also mulling "nullification" bills, which contend states, not the U.S. Supreme Court, are the ultimate arbiter of when Congress and the president run amok.

And . . .

Sen. Monty Pearce, an Idaho GOP lawmaker who plans to introduce a nullification bill early next week, wanted to be the first one to give Otter a recently published book on the subject, "Nullification: How to Resist Federal Tyranny in the 21st Century." But Otter beat him to the punch. "I took that copy and tried to give it to the governor," he said, pointing to a copy on his desk. "He already had a copy."

A practical example of why history matters. More here.


Spencer Gantt said...

Could you post the history of just how the Supreme Court usurped the power to interpret the Constitution? They simply took this power, did they not. They simply said, "we will decide on Constitutionality". No where does the Constitution give this power to the Court OR the Legislature OR the Executive. Therefore, it is a power of the People (the States) by virtue of the 10th amendment.

Richard G. Williams, Jr. said...

Thanks Spencer, but that information (and the various arguments surrounding it) is readily available w/a simple Google search.