The principle of nullification was a significant piece of the philosophy of federalism in the minds of many founders (Jefferson and Madison, most notably). And Michael's observation regarding jury nullification is a great historical reference that reaches deep into the common law tradition. I think it's fair to say that nullification, generally, is a hallmark of liberal, republican political philosophy. The historical evidence presented here predates the 10th Amendment by over a decade — so certainly the idea of nullification, whether or not that's what it was called, did exist in pre-Constitutional thought.

Remember that the drafters of the Constitution did not include the Bill of Rights to create or grant rights — it was included to protect pre-existing rights that many feared would be infringed by a large, centralized government.

But, as you know, nullification can be used against state and local governments, by juries, and even by individuals.

At least, that is how I see it!

It appears the assertion is—the Tenth Amendment is the source and mechanism for nullification. If true, then that would mean nullification does not exist outside of the Amendment.

Am I reading this quote correctly?