Thursday, August 19, 2010

Nullification is Reactionary

The book Nullification by Tom Woods is a great read (buy at

Thomas Jefferson advocated that states react to unconstitutional laws by declaring them null and refusing to enforce the law. The logic is that laws cannot contradict the Constitution; therefore, an unconstitutional law is not a law and is properly ignored.

By its nature, nullification is a reactionary process. The states react to an unconstitutional law by refusing to enforce it.

A reactionary effort like nullification may have worked in the early days of this nation when people still shared the visions of the US Founders.

We live in a day when people have lost the classical liberal vision of the US Founders. It is rare for students to even encounter the thoughts of our nation's founders in their public school education.

As mentioned in the last post, Conservatives can no longer depend on reaction. To preserve the American heritage, Conservatives must find ways to restore the founder's vision.

It is likely that the call to nullify Obamacare will simply create a lot of noise that will backfire on the tea party.

I believe the thinking behind nullification is correct. To preserve the balance of power between the Federal and States government, the states simply must have a way to reject bad legislation.

Rather than reacting, states should have a proactive means to assert their powers.

I've suggested that states use modern communication technologies to create a Network of Legislatures that can set constraints on Congress and directly nullify laws that tread on state's powers.

To have a long lasting effect on American politics, the tea party needs to transition from a reactionary to a visionary movement, the vision being the revolutionary vision of the US Founders that created a free society with a limited, multidimensional governance.

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