Anti-Commandeering Doctrine
An Open Letter to a State Legislator on Marijuana and Federal Supremacy
Kentucky state Sen. Albert Robinson (R-London) has been a vocal opponent of legalizing medical marijuana in the commonwealth (HB166). He has based his opposition on the Constitution’s “supremacy clause” arguing that Kentucky cannot pass a law that contradicts federal...
Surprise: Another Partisan Hack Changes his Tune Based on the Party in Power
As should be obvious to most readers here by now, supporters and opponents of our nullification efforts often change teams depending on what political party is in power. One of the best examples is ThinkProgress Justice Editor Ian Millhiser. In 2014, when TAC’s...
Modern Nullification: A Winning Policy
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
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...