From the Britannica Concise Encyclopedia: nullification
Doctrine upholding the right of a U.S. state to declare null and void an act of the federal government. First enunciated in the Virginia and Kentucky Resolutions (1798), it was expanded by John C. Calhoun in response to the Tariff of 1828. Calhoun maintained that a state “interposition” could block enforcement of a federal law. The South Carolina legislature agreed by passing the Ordinance of Nullification (1832), threatening to secede if the federal government forced collection of the 1828 tariff duties. Pres. Andrew Jackson asserted the supremacy of the federal government. The U.S. Congress passed a compromise tariff bill reducing the duties but also passed the Force Bill, which authorized federal enforcement of the law. The South Carolina legislature rescinded its ordinance, but the conflict highlighted the danger of nullification.
Are we about to re-fight the Civil War? The question of nullification and secession were settled by that war. When the United States won that war over the Confederate States, the right to succeed from the union was settled. Apparently nullification was thought to still be a legal right. However, when President Eisenhower, a Republican, sent troops to Little Rock, Arkansas’ Central High School to enforce the order to integrate, that issue was settled. Or was it?
The Tea Party Patriots are using the argument of the right to nullify Federal law by sighting the 10th amendment to the constitution. The two laws they want to nullify are the new health care law and laws restricting the right to bear arms.
Alaska State Rep. Mike Kelly, sponsor of the Alaska Firearms
Freedom Act is a bill similar to other state’s freedom firearms acts. The proposed law states that if ammunition and weapons are made and used within the state then Federal law does not apply.
I oppose all laws that prohibit the use of Marijuana. Marijuana, for any use, is illegal under Federal law. If the state of California legalizes the use of this substance and it is banned by the U.S. government then I would want congress to change Federal law. I would not be in favor of nullification. My reason is simple. The United States is one nation. It is not a confederation of independent states.
Coast Contact 