Nullification

By Douglas V. Gibbs

Nullification has been wrongly blamed as the cause of the War Between the States, and seen by many legal scholars as a worrisome concept that could place in jeopardy the very fabric of the union called the United States of America. However, from the point of view of the Founding Fathers, nullification is a very valuable tool for maintaining the republic.

Nullification is a concept that is not specifically mentioned in the United States Constitution, but exists because the States, being the creators of the Constitution, have the final authority regarding determining the constitutionality of a federal law or action. If a State chooses to Nullify, the State simply refuses to implement the law in question, or invalidates the federal law. Thomas Jefferson addressed nullification in his draft of the Kentucky Resolutions: "Where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy." --Thomas Jefferson: Kentucky Resolutions, 1798.

The federal courts have long rejected the concept of nullification, operating under the assumption that federal supremacy, even when the federal government is acting unconstitutionally, supersedes any State consideration regarding the constitutionality of a federal law.

Nullification recognizes that the States are the authors of the Constitution, and are a part of the union on a voluntary basis. As the writers of the contract that created the federal government, the States serve in a manner not dissimilar to parents. As the designers of the government, it is the States that have the final authority to determine the limits of the power of the government they created. This means that the States, and not federal judges, are the final voice in regards to the extent of the federal government's power. As the final arbiters of the United States Constitution, the States may reject, or nullify, federal laws that the States believe are beyond the federal government's constitutional powers.

-- Political Pistachio Conservative News and Commentary