Anti-Commandeering Doctrine

Modern Nullification: A Winning Policy

by Mike Maharrey | Aug 17, 2017 | Anti-Commandeering Doctrine, Nullification

Nullification is dead. At least that’s the opinion of Duke University Law School professor Ernest Young. But despite this emphatic epitaph, Young sees great potential for nullification as a tool to limit federal power. In a paper published in the Case Western...

The Constitution Should Trump Your Policy Preferences

by Mike Maharrey | Aug 7, 2017 | Anti-Commandeering Doctrine, Constitution

We all need to fight the temptation to abandon constitutional principles when they conflict with our policy preferences. I recently appeared on a radio show to talk about the Tenth Amendment and nullification. The conversation moved along marvelously as I explained...

Mainstream Media Gets the Supremacy Clause and Nullification Wrong. Again.

by Mike Maharrey | Apr 29, 2017 | Anti-Commandeering Doctrine, Eleven Years, Media, Nullification, Nullification, Supremacy Clause

This is featured in today’s Tenther newsletter, which everyone in the nullification movement gets daily or weekly. Be one of them – and Become a member here to support the TAC. Last week, an Associated Press reporter interviewed me about a Texas bill that...

Here We Go Again: Fake Tenthers Treat the Constitution Like Toilet Paper

by Michael Boldin | Jan 24, 2017 | Anti-Commandeering Doctrine, Constitution, Tenther 101

Here we go again. Now that Republicans have control in Washington D.C., Democrats have moved to an opposition strategy, and some prominent members of the left have even started citing the Constitution and the 10th Amendment. Don’t get me wrong. We welcome calls to...

Refuse to Cooperate: The Moderate Middle Road Between Revolution and Unlimited Submission

by Mike Maharrey | Feb 22, 2016 | Alexander Hamilton, Anti-Commandeering Doctrine, James Madison, Strategy

Ammon Bundy and the other ranchers arrested after taking over the Malheur National Wildlife Refuge outside Burns, Oregon, tried to go toe-to-toe with the federal government using raw force and power. They failed. The feds killed one man, and the rest of the ranchers...

Nullification Through Noncooperation Rests on Rock-Solid Legal Ground

by Mike Maharrey | Aug 19, 2015 | Anti-Commandeering Doctrine, Nullification, Personal Liberty Laws

Nullification feels a little rebellious. Declaring that a state can refuse to cooperate with the federal government seems like an act of defiance. Perhaps this explains why even many supporters of nullification continue to labor under the misconception that it’s...

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