Podcast: Play in new window | Download (Duration: 22:50 — 20.9MB)
Walter Kirk Wood, professor of history at Alabama State University and expert on the principle of nullification, explains the history of nullification in the American Constitutional tradition, a federal system as a check on arbitrary, centralized power, Imperium in Imperio and the American colonies, the three prominent nullification movements in early American history, James Madison’s “report of 1800,” Madison as the father of nullification and his notes on the Constitutional Convention, the extended-republic of the anti-federalists, how nullification acts as a check on central power and is inherent in a federal system, how nullification was virtually lost for over a century, its return in recent history, America’s first freedom as freedom from government, and more.
Mentioned in this Show
Nullification: A Constitutional History (vol 1)
Nullification: A Constitutional History (vol 2)
Madison’s Notes On the Constitutional Convention of 1787
Republic of Letters: Jefferson and Madison
Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.
If you enjoyed this post:
Click Here to Get the Free Tenth Amendment Center Newsletter,
I really think that there is going to have to be a wedge issue that either the left or the right cares deeply about in order for either side to fight for nullification. A good wedge issue for the conservatives is national health care and if we can successfully win at nullifying such a strong issue then nullification would be cemented permanantly into the legal system.
We got a lot of good wedge issues for conservative,
1: national health care
2: Gun laws.(big deal as we have already seen)
3: The Abortion issue(nuclear)
Unfortunately I'm not a liberal and never really understood what was important to them, so we do need a list of wedge issue for liberals to drive them on theses things.
Drugs would be good and so would the patriot act itself because why can't a state nullify any enforcement of the patriot act.
It could in many ways domestically, i remember reading an article about a north Carolina boy who was kidnapped by the Federal government in the middle of the night. Apparently with the assistance of the North Carolina police.
Here is a link to the news story: http://www.wral.com/news/local/story/5049867/
I think it would be a good practice to at least make sure local police and sheriffs always double check on the Federal warrants before allowing them to kidnap someone. This may cause a bit of a slow down, as well as a possible minor security leak if their reason for kidnapping someone is "secrete" but i think it may be important that we have more then 1 body check on theses things, particularly if the would be victim is a citizen of the state much less an american, such as clearly the case in this case. I'm not sure I would care if their a foreigner, as thats generally the federal department anyway. But still as a practice the feds should notify and check with the local and state official before removing them from the bounds of their state much less kidnapping them. Variety that their a foreigner, and if you like go further in varnishing their justification as being honest.
This is a responsibility that should be put on both State and local governments and directly on the county Sheriff.
Our main challenge will be getting every last one of our State Governess and legislators to learn of this and start using it again, We all clearly got political agendas we want done in our own states and each and everyone one of them will serve to weaken the federal government and restore our rights rether we personal happen to agree with that particular agenda in our state or not.
The key to victory education, our legislators and governors need to know about what is perhaps one of the signal most important aspects of their job.
Then it is simply a matter of bring up the key passionate issues which are unconstitutional. Gun rights, drug rights, abortion, health-care, ect..
Monorprise, do you think this is the same kind of thing that, say....Sheriff Mack is doing trying to educate Sheriffs around the country of what they CAN and are supposed to do - their constitutional duty?
If you think that's the right direction, we at TAC might want to consider putting out a short book like Mack has done - but focusing on Governors and State Legislators....
I do not think it is exactly the same kind of thing, With Sheriff’s your talking about a reasonably homogeneous demographic which Sheriff Mack being part of it knows well.
With Legislators and Governors your talking much more politically polarized, active and diverse group generally with just 1 thing in common, the all at some level desire power more then justice.
Obviously the legislators and Governors need to work with our Sheriff’s like Sheriff Mack, in attention to each other to pull off the interposition and nullification. But we’re still talking about 2 different types of people. One Generally honorable and duty bound by nature, the other power hungry and dishonest, yet at the same time potentially very well motivated and very powerful.
In general, the Sheriffs are not presuming a political agenda they are simply enforcing the constitution, and doing their job.
Our Politicians (governors, legislators and local leaders), at the end of the day will be motivated by a political agenda. They will not, in general, simply be enforcing the constitution for its own sake(some will most won’t). Instead if we are to get them to do this we are going to have to throw some charged but highly popular bait in there. Something they AND the local population wants very much that doing this will allow them to get.
In short we are creating what the federal political leaders will call anarchy, except its not anarchy not in the sliest, its simply every state doing their own thing in accordance to their own laws as it was meant to be.
This is why you should not get mad when conservative governors or legislators in conservative states apposes nullification of federal efforts on a conservative causes. There is nothing in it for them or their people, except picking up the full tap, and the tap issue must be fixed from the other side on the matter of fairness.
Were not trying to get alone here, were trying to do our own thing in a way that inherently leaves each other alone. There are many different Steps along this process the first of which is simply doing it, the 2nd of which is then in realization of the nature cutting down the federal giant’s roll in the matter so that we don’t have to pay for that which we are no longer getting.
That is the game I think we should be playing here. That being said this is just my idea and my strategy, I don’t pretend to know the playing field as well as you certainly not as well as a professional politician. So please take it with a grain of salt, its an ideal for your consideration nothing more.
Perhaps something we should try implementing as plain B, after the idealist everyone just for the constitution approach fails.
According to Tom Woods, a few scholars have actually spent the better part of their academic careers trying to explain Madison's dithering. "..that's one way to spend your career, I guess."
:-D
Hey Micheal I think Tom discusses that in his PIG to Am Hist. It's a good read along with his 33 questions.
Gutzman's work - Virginia's American Revolution: From Dominion to Republic, 1776-1840 is a great book that touches on many details rarely covered.
Really interesting stuff, thanksfor doing this interview! I never heard of madison as a fip-flopper, I guess they have those in every generation.
[...] that State Legislatures can stop the unconstitutional overreach of the Obama administration through nullification. Here is a list of proposed nullification legislation to introduce in all 50 [...]
[...] principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it [...]
[...] This post was mentioned on Twitter by TenthAmendmentCenter, Liberty Ideals and Ron Paul, Scott Walter. Scott Walter said: RT @RonPaul_2012: Kirk Wood: Nullification, A Constitutional History http://bit.ly/6lDn1K #tlot #tcot #RonPaul [...]
Social comments and analytics for this post…
This post was mentioned on Twitter by RonPaul_2012: Kirk Wood: Nullification, A Constitutional History http://bit.ly/6lDn1K #tlot #tcot #RonPaul…
[...] the moral of the story? Nullification works. If enough states pass laws that oppose, or simply refuse to comply with, federal laws or [...]
[...] principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and [...]
[...] principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and [...]
[...] principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and [...]
[...] Kirk Wood: Nullification, A Constitutional History [...]
[...] clipped from http://www.tenthamendmentcenter.com [...]
[...] power, I see them as different. As Professor Kirk Wood has pointed out in his multi-volume book, Nullification: A Constitutional History, nullification is actually the opposite of secession – it’s a way of saying NO, but still [...]
[...] http://www.tenthamendmentcenter.com/2009/12/03/kirk-wood-nullification-a-constitutional-history/ [...]
[...] can stop the unconÂstiÂtuÂtional overÂreach of the Obama adminÂisÂtraÂtion through nulÂliÂfiÂcaÂtion. Here is a list of proÂposed nulÂliÂfiÂcaÂtion legÂisÂlaÂtion to introÂduce in all 50 [...]
[...] State Legislatures can stop the unconstitutional overreach of the Obama administration through nullification. Here is a list of proposed nullification legislation to introduce in all 50 [...]
[...] State Legislatures can stop the unconstitutional overreach of the Obama administration through nullification. Here is a list of proposed nullification legislation to introduce in all 50 [...]
[...] State Legislatures can stop the unconstitutional overreach of the Obama administration through nullification. Here is a list of proposed nullification legislation to introduce in all 50 [...]
[...] Nullification, A Constitutional History http://www.tenthamendmentcenter.com/2009/12/03/kirk-wood-nullification-a-constitutional-history/ [...]
[...] that State Legislatures can stop the unconstitutional overreach of the Obama administration through nullification. Here is a list of proposed nullification legislation to introduce in all 50 [...]