Saturday, January 22, 2011

State Nullification?

This would get some people's knickers twisted: "Maine, Montana, Oregon, Nebraska, Texas and Wyoming — are...mulling "nullification" bills, which contend states, not the U.S. Supreme Court, are the ultimate arbiter of when Congress and the president run amok." Idaho has already enacted such a law.
Back in 1799, Thomas Jefferson wrote in his "Kentucky Resolution,"...that "nullification, by those sovereignties, of all unauthorized acts... is the rightful remedy."

....If the U.S. president, Congress, and the Supreme Court get it wrong,...then Jefferson had it right back in 1799 when he wrote that states, as creators of the federal government, "being sovereign and independent, have the unquestionable right to judge of its infraction."
The Supreme Court would not be happy if the states told it to back off. Neither would the supposedly pro-federalism Republicans who applauded the Raich Decision. This might get interesting.

John Miller of the Associated Press has the story.

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