Nullification: The Lost Balance of Power

Discussion in 'Politics' started by ShackledNation, Jul 18, 2011.

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Should nullification be a state power?

  1. Yes.

    10 vote(s)
    62.5%
  2. No.

    6 vote(s)
    37.5%
  3. Unsure/Maybe in some cases

    0 vote(s)
    0.0%
  1. ShackledNation
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    ShackledNation Libertarian

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    Many Americans do not like the idea of nullification. I find this unfortunate. The writers of the Constitution understood the threat of having a government. This is why they separated powers among three branches. The hope was that if one branch tried to gain too much power, the other would bring it in line.

    But the founders were not stupid. They feared what would happen if all three branches sided together to expand their authority (fears that have been realized). And so a federal system was desired, in which multiple governments (states) could check the central three branches even further. The primary tool of the states to check federal authority was nullification.

    If a state felt a law broke the Constitution it had entered into, it could claim that law null and void. This power was vital in defense of 3 branches uniting together to expand their power. I would argue it is the most important power of the states. Yet it has been lost.

    And we wonder why the government has only continually grown in the economic sphere with bailouts and welfarism, grown in the foreign sphere with nearly 1,000 military bases around the world and constant warfare and nation building, and the personal sphere by banning drugs, passing laws such as the Patriot Act, allowing the TSA to grope passengers, and countless other examples.

    If only we had the power to nullify it all.
     
  2. Antiderivative
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    Antiderivative BANNED

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    I like Jackson in many ways, but seriously? Endorsing the Tariff of Abomination was a an abomination.

    Then Lincoln went on a rampage.
     
  3. The Rabbi
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    The Rabbi Gold Member

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    So first you say the Founders gave the power of nullification. Then you admit we don't have the power of nullification.
    Sounds like pissing n the wind to me.
     
  4. Antiderivative
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    Antiderivative BANNED

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    Our country was founded upon voluntary agreement. There is no pissing in the wind.
     
  5. editec
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    editec Mr. Forgot-it-All

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    If states have the power to nullify federal law, then what does it mean to be a nation?

    Basically nothing at all.

    The very first thing the CSA did was become much like the FEDERAL GOVERNMENT that they so dispised.
     
  6. NYcarbineer
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    NYcarbineer Gold Member

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    Our nation was founded upon voluntary agreement of states to assume the obligations and responsibilities of a contract that most importantly ceded state autonomy and power to a central government while delineating the limits of that power. Nullification was not one of the limits.
     
  7. bripat9643
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    bripat9643 Gold Member

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    It may have been founded on that, but Lincoln put an end to it when he invaded and conquered the Southern states who disagreed.
     
  8. bripat9643
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    bripat9643 Gold Member

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    Wrong. That's a liberal myth. Nullification was widely accepted and practiced before the Civil War. Lincoln's invasion and conquest of the Confederate states is the only thing that put and end to it. Nothing in the Constitution took away the right of states to secede.
     
  9. NYcarbineer
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    NYcarbineer Gold Member

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    Lincoln merely enforced the Constitution. There was no right to secede.
     
  10. 8537
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    8537 Senior Member

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    You should tell that to John C Calhoun.

    Which federal law was successfully nullified by a state? Since it was "widely practiced", I'm sure you have some examples.
     

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