Supremacy Clause trumps Nullification Doctrine

July 29, 2013

Monday, July 29, 2013

Good morning to all our friends:

Thanks to all for making Crane’s birthday yesterday a special occasion.

You all have thoughtful comments (YAHTC) posted a comment responding to Xena at 6:06 am. The comment includes an interesting quote from a person using the internet name TJefferson-1649275.

TJefferson-1649275 says:

The situation inside the Republican Party is serious. The poorly educated, far right wing, extremist, fanatics in the Party are moving toward demanding the states’ rights doctrine of “Nullification.”

They argue the Constitution reads that any given state, not the U.S. Supreme Court has the authority to declare a law unconstitutional in any given state. In other words, a state has the constitutional authority to “nullify” a federal law and therefore not obey it within the geographic bounds of that state. It is true that Jefferson and Madison made that argument in their Kentucky and Virginia Resolutions, but it is also true those Resolutions never did pass the Congress. The issue was resolved in 1803 when Chief Justice John Marshall and the U. S.Supreme Court ruled in Marbury vs Madison that the Court had that authority.

The poorly educated, far right wing, extreme, fanatics in the Republican Party today are joining together in an organization called the 10th Amendment Society to demand the states adopt the “nullification doctrine.”

Why? One of the main reasons is to nullify the 1954 Brown v. Topeka Board of Education decision, the decision that ordered segregation was not constitutional and that the United States would integrate at all deliberate speed. So, if the nullification doctrine were put into place, Arkansas legislature or the Mississippi legislature, or the Alabama legislature could nullify the Brown case and return the state to segregation. Not possible you say? Then, take a look at the voter statistics for those states and see how many whites voted for Obama.

Think about that very real possibility and then let your mind run free to all of the other federal laws that could be nullified within the borders of the fifty states. In effect, nullification means that each state is a separate country and that therefore the United States is nothing more than a confederation of united states of america.

#159.2 – Sat Nov 10, 2012 7:40 PM EST

People who believe in nullification do not know the U.S. Constitution.

Article VI, Clause 2:

This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.

So much for the nullification doctrine.

These fools want to restart the Civil War so that they can reinstate segregation and slavery.

I believe they represent a far greater danger to our peace and security than Muslim terrorists.

FYI: This was my 600th post on this blog.

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