Sometimes, support for state action to block unconstitutional acts springs up in the most unlikely of places. Take this gem from a former Washington D.C. prosecutor who admits he “just about always sided with the United States in circumstances in which the states have tried to preempt the federal government.” Jeffery Shapiro agrees that states should not enforce any federal acts violating the Second Amendment.Details
Without some way to hold federal power in check, we end up not with a limited government, possessing enumerated powers, but an indefinite one, subject to particular exceptions.Details
The feds huff and puff….Details
Picture the single most barbaric, inhumane, and morally reprehensible act imaginable. It could be anything. You could choose genocide, the most depraved form of torture, or slavery, whatever really. History is replete with examples, the twentieth century in particular, but the nineteenth century had its share of them as well.
There doesn’t have to be a geographic limitation, either. But for the sake of argument, try to keep it local, as in here in the United States. Whatever you chose, On the official Maddow Blog, MSNBC’s Steve Benen believes that “[n]ullification must never be on the table” as a means to protect innocent lives and property.
Apparently he can’t think of a single reason that nullification should be used by states or local governing bodies. The logical implication is that opponents of slavery – that is advocates of freedom – in the antebellum period were wrong to have used nullification as a means to protect the lives and freedom of former slaves. No doubt, Harriet Tubman would be described by Benen as a radical, and her willful defiance of federal slave laws would be denounced, had the two been contemporaries.
Another case where nullification could arguably have been employed is in preventing or at least deterring the murderous and detestable “Trail of Tears” death march across the southern United States. Imagine if the forcible relocation of more than a hundred thousand members of various native tribes weren’t marched through Georgia, Alabama, Tennessee, or Kentucky because those states refused to participate. The lives of thousands could have been saved by such resistance. Opponents of nullification however, are self-righteously indignant at such a thought.Details