The Necessary and Proper Clause in the Constitution is commonly used to justify unconstitutional federal authority, and William Baude at the University of Chicago Law School believes a stricter interpretation of the clause is in order – albeit the feds still get to decide the interpretation.Details
A common complaint among detractors of nullification is that, as they see it, “James Madison was the author of the Constitution and since he didn’t include nullification in the document, it can’t be done.”Details
When it comes to basic constitutional and legal principles, there are very few in the establishment that have even the slightest clue about the relationship between state and federal power.Details
The common understanding of the famous Marbury v. Madison case is that it established the authority of the Supreme Court to determine what the Constitution says. From there, it’s held that the Court gets to determine the limitations placed on the federal government as well as the states. In short, the rest of the federal government, and the states, are bound by what the Supreme Court decides.Details
Anti-commandeering laws are one of the many ways in which the American people can resist the federal government through the states. Also known as noncompliance, these laws forbid states from assisting the feds while they are attempting to enforce unconstitutional federal laws.Details
It is not without irony that President Obama recently announced his plan to offer two free years of community college.Details
When opponents of nullification fail to associate it with slavery and segregation, they turn to taking quotes of its proponents out of context, such as claiming Madison later opposed it in his famous Notes on Nullification.