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
One of the key arguments made by constitutional nationalists is that the Constitution provides that “We the People of the United States . . . do ordain and establish this Constitution.” The idea is that a single people throughout the country as a whole established the Constitution and therefore sovereignty resides at the national level in that people.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.
“Let him be considered as a criminal by the general government, yet only his own fellow-citizens can convict him”Details
Barely 8 months before he died, Thomas Jefferson wrote to the Virginia politician William Giles about the threat posed by the usurpation of states rights by a growing federal power. He identifies federal powers claimed under the commerce and general welfare clauses as especially dangerous.Details
In response to federal overreach, most people tend to focus on three types of actions to stop them: elections, conventions, and lawsuits. While they all have their place in an overall strategy to defend the Constitution, none of them should be the first step forward. That is, if you follow the advice of the “Father…Details
With the elections over, there’s bad news and good news. While a changing of the guard is not going to stop the never-ending onslaught of government growth, there is hope for the Constitution and your liberty. That hope comes from the advice of Thomas Jefferson and James Madison. The rest is up to you. WATCH…Details
Opponents of nullification often claim that James Madison opposed the principle. But they base their arguments on a misreading of Madison’s late writings. While Madison did, in fact, oppose a specific nullification proposal, he never opposed the right to nullify in general.Details