Saturday, April 24, 2010

The States’ Rights Tradition Nobody Knows - Nullification

For those of you that are interested in the historical background of State's "Nullification" laws, this article is a good source.

In 1798, the legislatures of Virginia and Kentucky approved resolutions that affirmed the states’ right to resist federal encroachments on their powers. If the federal government has the exclusive right to judge the extent of its own powers, warned the resolutions’ authors (James Madison and Thomas Jefferson, respectively), it will continue to grow – regardless of elections, the separation of powers, and other much-touted limits on government power. The Virginia Resolutions spoke of the states’ right to “interpose” between the federal government and the people of the state; the Kentucky Resolutions (in a 1799 follow-up to the original resolutions) used the term “nullification” – the states, they said, could nullify unconstitutional federal laws.

The States’ Rights Tradition Nobody Knows

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