The Constitution placed strict limits on the federal government. What do we do when it oversteps its bounds?Details
Most Americans know that Thomas Jefferson was the principal author of “The Declaration of Independence”, the most important of all our founding documents. Yet few of them have even heard of another document that I would say might be the second most important declaration he ever wroteDetails
Nullification is not the petitioning of the federal government to start doing or to stop doing anything. Nullification doesnâ€™t depend on any federal law being repealed. Nullification does not require permission from any person or institution outside of oneâ€™s own state.Details
In 1798, the legislatures of Virginia and Kentucky approved resolutions that affirmed the states’ right to resist federal encroachments on their powers. If the federal government has the exclusive right to judge the extent of its own powers, warned the resolutions’ authors (James Madison and Thomas Jefferson, respectively), it will continue to grow – regardless of elections, the separation of powers, and other much-touted limits on government power. The Virginia Resolutions spoke of the states’ right to “interpose” between the federal government and the people of the state; the Kentucky Resolutions (in a 1799 follow-up to the original resolutions) used the term “nullification” – the states, they said, could nullify unconstitutional federal laws.
These ideas became known as the “Principles of ’98.” Their subsequent impact on American history, according to the standard narrative, was pretty much confined to South Carolina’s nullification of the tariffs of 1828 and 1832. That is demonstrably false, as I shall show below. But it isn’t just that these ideas are neglected in the usual telling; as I discovered not long ago, these principles are positively despised by neoconservatives like Max Boot and the leftists at the New York Times (or do I repeat myself?). Neither one, in their reviews of The Politically Incorrect Guide to American History, so much as mentioned Jefferson’s name in connection with the Principles of ’98. It is hard to view such an omission as anything but deliberate. To mention Jefferson’s name is to lend legitimacy to ideas that nationalists of left and right alike detest, so they simply leave him out of the picture.Details