Spring Break
Nullification and secession - states' rights or rabble rousing?
Seth Stern
Issue date: 5/8/09 Section: Opinion
The right wing's newfound religion of protest, discontent, intolerance of government spending, disgust with excess taxation, etc., amuses me as an advocate of Constitutional adherence.
The reality is, Republican politicians and constituents have no leg on which to stand. Since 2000, Republican legislators failed to check the Republican president even once.
Unfortunately this is the case anytime one party controls the two elected branches since the turn of the 18th century. Politicians now execute the wishes of the party or the same-party president, not the people. That's a trait of both parties, but it's a problem for we, the people.
Nullification was believed and advocated by Thomas Jefferson and James Madison to be a fundamental state right under the 10th Amendment. They both identified Congressional acts not defined by the Constitution as null simply because Congress was given specific and restricted rights.
The immoral and illegal nature of presidents overstepping their Constitutional rights is only slightly less disgusting than the indifference shown repeatedly by Congress in not enforcing their Constitutional responsibilities.
Secession is another potential scenario for states' rights on the horizon. The following is a situation that screamed for nullification and threats of secession. Here's how it could have played out:
Oct. 24, 2001, in America's most demonstrative display of legislative stupidity, Congress approved the Patriot Act 357-66. Not to be outdone in a game of "anything you can do, I can do dumber," the Senate passed the Act not 24-hours later by a vote of 96-1. No one read it before voting.
Realizing the federal government has repeatedly violated the contract (the Constitution) between Washington D.C. and the states of the union, governors around the nation ordered their Attorneys General to review their legal options under the umbrella of states' rights.
Five states -- Massachusetts, Vermont, Illinois, Oregon and Michigan -- still bitter from the 2000 general election, concluded nullification was their right under the Constitution and promptly declared the Patriot Act null within their borders.
The reality is, Republican politicians and constituents have no leg on which to stand. Since 2000, Republican legislators failed to check the Republican president even once.
Unfortunately this is the case anytime one party controls the two elected branches since the turn of the 18th century. Politicians now execute the wishes of the party or the same-party president, not the people. That's a trait of both parties, but it's a problem for we, the people.
Nullification was believed and advocated by Thomas Jefferson and James Madison to be a fundamental state right under the 10th Amendment. They both identified Congressional acts not defined by the Constitution as null simply because Congress was given specific and restricted rights.
The immoral and illegal nature of presidents overstepping their Constitutional rights is only slightly less disgusting than the indifference shown repeatedly by Congress in not enforcing their Constitutional responsibilities.
Secession is another potential scenario for states' rights on the horizon. The following is a situation that screamed for nullification and threats of secession. Here's how it could have played out:
Oct. 24, 2001, in America's most demonstrative display of legislative stupidity, Congress approved the Patriot Act 357-66. Not to be outdone in a game of "anything you can do, I can do dumber," the Senate passed the Act not 24-hours later by a vote of 96-1. No one read it before voting.
Realizing the federal government has repeatedly violated the contract (the Constitution) between Washington D.C. and the states of the union, governors around the nation ordered their Attorneys General to review their legal options under the umbrella of states' rights.
Five states -- Massachusetts, Vermont, Illinois, Oregon and Michigan -- still bitter from the 2000 general election, concluded nullification was their right under the Constitution and promptly declared the Patriot Act null within their borders.
Viewing Comments 1 - 2 of 2
Arvensis
posted 5/08/09 @ 1:40 PM MST
Good work Seth. I'm happy to see a voice of reason, logic, and concern when it comes to the USA.
MoralMoney
posted 5/08/09 @ 7:10 PM MST
This was a great article, Seth. I can't say I agree with everything you are saying, but it is a very well-written, well-researched, thought-out and sentimental piece. (Continued…)
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