Kirk Wood: Nullification, A Constitutional History

By on December 3, 2009 in Audio/Video, Constitution, Podcast
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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

Kentucky Resolutions of 1798

Virginia Resolution of 1798

NullificationHistory.com

Current Nullification Efforts

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11 comments
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Tim
Tim

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.

Monorprise
Monorprise

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.

Tim
Tim

Drugs would be good and so would the patriot act itself because why can't a state nullify any enforcement of the patriot act.

Monorprise
Monorprise

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.

Monorprise
Monorprise

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..

Derek Sheriff
Derek Sheriff

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

MichaelBoldin
MichaelBoldin

Hard not to love Tom Woods!! I hadn't heard him on that one, though..

Matt Shannon
Matt Shannon

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.

MichaelBoldin
MichaelBoldin

Great recommendations, Matt - thanks for the feedback!

Allan Tran
Allan Tran

Really interesting stuff, thanksfor doing this interview! I never heard of madison as a fip-flopper, I guess they have those in every generation.

MichaelBoldin
MichaelBoldin

I only learned of it more recently - and as the Professor mentioned briefly, this was covered quite well by Kevin Gutzman in his writings.

More importantly, it's essential to understand these principles and see how they apply in current times.

Trackbacks

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    December 3, 2009 at 9:43 pm

    [...] 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 [...]

  2. Pennsylvania to Consider Nullifying Some Federal Gun Laws | Tenth Amendment Center says:
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  3. Tweets that mention Kirk Wood: Nullification, A Constitutional History | Tenth Amendment Center -- Topsy.com says:
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  4. uberVU - social comments says:
    December 3, 2009 at 10:37 pm

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  5. Nullification at Work: Marijuana Law Advances in New Jersey « Speak Truth 2 Power says:
    December 4, 2009 at 9:01 am

    [...] the moral of the story? Nullification works. If enough states pass laws that oppose, or simply refuse to comply with, federal laws or [...]

  6. Movement to Nullify National Health Care is Growing says:
    December 9, 2009 at 12:42 pm

    [...] 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 [...]

  7. The Growing Movement to Nullify National Health Care | Tenth Amendment Center says:
    December 9, 2009 at 1:53 pm

    [...] 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 [...]

  8. The Growing Movement to Nullify National Health Care | The Ruthless Truth blog says:
    December 9, 2009 at 2:05 pm

    [...] 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 [...]

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    [...] 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 [...]

  12. Madison’s Flip-Flop | Tenth Amendment Center Blog says:
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  13. Resist dc: A Step-by-Step Plan for Freedom : New World Order Blog says:
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  16. A Step By Step Plan For Freedom: Resist D.C. – Florida Tenth Amendment Center says:
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  17. FB Archives | Week of October 24, 2010 | University of Common Sense says:
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  18. Nullification Training- featuring Tom Woods – Nevada Tenth Amendment Center says:
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