Thirteen independent sovereign political societies came together to form the United States, and they delegated specific powers to a general government. All other powers remained with the states and the people. There was no debate on that matter. Both supporters and opponents of the Constitution agreed the federal government was to remain limited. The ratification debate revolved around one question: would the Constitution actually create the limited government intended? Known as the “Father of the Constitution,” Madison worked tirelessly for ratification. When anti-federalists insisted the federal government would not remain constrained, Madison argued that the states would serve as the check on its powers. “Should an unwarrantable measure of the federal government be unpopular in particular State…the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps refusal to cooperate with officers of the Union, the frowns of the executive magistracy of the State; the embarrassment created by legislative devices, which would often be added on such occasions, would oppose, in any State, very serious impediments; and were the sentiments of several adjoining States happen to be in Union, would present obstructions which the federal government would hardly be willing to encounter.” Here we find nullification’s roots before the Constitution was even ratified. The principles serve as Madison’s means of opposition – powerful and at hand. Quite simply, state nullification is any action rendering an unconstitutional federal act null, void or simply unenforceable within a state. Over the last several years, Americans across the political spectrum have embraced the principles, if not in name, at least in practice. States seeking to nullify violations of the Second Amendment recently spun the idea into the news cycle, but California began its nullification efforts back in 1996 with the passage of Prop 215. Today, 19 states have legal medical marijuana programs, despite Supreme Court-approved federal prohibition. Last year, Virginia outlawed state cooperation with indefinite detention under the NDAA. And the national ID program envisioned under the Real ID Act of 2005 still does not exist. Under the leadership of the ACLU, states simply refused to implement it.....
Posted on: Wed, 31 Dec 2014 18:08:24 +0000
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