States’ Rights and Nullification

John R. Houk

© December 31, 2010

Have you heard of State Nullification? The concept of State Nullification is actually nothing new in America. The concept of State Nullification is a Tenth Amendment issue as usually expressed by Conservatives; however there are undoubtedly some issues that Leftists might attach the concept of State Nullification as well.

State Nullification is roughly the ability of one of America’s sovereign States can ignore a Federal Law passed by Congress or instituted as a regulation by some bureaucratic Federal Agency. By “ignore” I mean a State can nullify the Federal Law if it is felt to Unconstitutional. Nullification is not ignoring a Constitutional Federal Law. That would be insurrection. The concept of a sovereign American State leaving the Union merely because a State did not like a Constitutional Law was settled at the end of the Civil War. States’ Rights do not include seceding from the Union of the United States of America. Again State Nullification is the ability of a sovereign State to nullify or render void a Federal Law arguably is Unconstitutional.

State Nullification is the States’ Rights alternative to the old Confederacy’s decision to secede from the USA. Alan Caruba looks at some Federal government intrusions that might be considered Unconstitutional by America’s sovereign States that might bring up the issue of State Nullification in 2011.

JRH 12/31/10 (Hat Tip: Tony Newbill)