However, and this is a huge however, he did not nullify those laws. They contained expiration dates, and he simply allowed them to expire, and pardoned and released the remaining, jailed editors from jail.
There is, also, the little point that a war was fought over the subject of nullification. The people who lost that war, supported nullification. It is hard to imagine a clearer defeat of any argument than to lose a war fought over that idea.
Congressman Billybob
One of the Left’s arguments against X Amendment is the supremacy clause. However, since the X Amendment was adopted after the supremacy clause it should be argued that it limits the supremacy clause only to those areas and powers that are explicitly granted to the Federal Govt. The states and people remain supreme in all other matters.
The question that has to be asked is: What does the healthcare act have to do with governing?
I strongly suggest that the discussion of a constitutional convention no longer be regarded as “unthinkable” or “radical”. Such considerations are our public school training, but they are shown up as false by the facts.
Right now, our government has a backlog of constitutional changes that have existed since almost the start of our republic, and still need to be changed. Even the Confederate State of America were aware of changes that needed to be made, totally unrelated to the slavery issue, and they incorporated some of these changes into *their* constitution.
Over time, our constitution, our president, our congress, and our judiciary have made some mistakes, that now hang like ever-heavier chains on our country, and for no good reason. And there have been many very good ideas waiting in the wings, opposed by only a small and entrenched elite, who cling to unauthorized power, yet who have effectively blocked them.
If our State legislatures could just start talking about what *might* be changed, then discuss the issues among themselves, enough of them (34 States) might agree to make just enough changes to restore order, solvency, and balance to our nation.
And they would have to convince four more States, for a total of 38, to agree to these changes. So for all intents and purposes, until 38 States already agree on what to change, there is no reason to call a constitutional convention.
So obviously, this is not done frivolously.
Importantly, what the States do will not be issue oriented, but for their States rights, with relation to the federal government. This is what they care about most, and what the people benefit are the side effects of this.
It will take an enormous amount of debate between 7,382 State legislators, as well as 50 governors and 50 attorney generals of those States. And on average, 75 legislators in each State will have to agree, and vote on a constitutional convention resolution.
About 2,550 State legislators of both parties for 34 States, just to call a constitutional convention.
And 2,850 State legislators of both parties will have to agree to any draft changes made by the constitutional convention.
So what in the world should this almost 3,000 average Americans be debating? Here is a possible list of changes:
Repeal of the 16th (Income Tax) and 17th (Direct Election of US Senators) Amendments of the constitution.
(Another Form of Federal Tax) Amendment;
A Balanced Budget Amendment;
A Presidential Line Item Veto Amendment;
A National Census Enumeration Only Amendment;
A Personal Information and Records Limitation Amendment;
A Corporate Civil Rights Distinct From The Civil Rights Of Living Persons Amendment;
An Oligopoly Antitrust Amendment;
A Presidential War Powers and Posse Comitatus Amendments;
A Limitation on Presidential Authority To Declare Martial Law Amendment;
A Presidential Authority Only Through Cabinet Officers, Appointment and Impeachment of Cabinet Officers Amendment; (as well as) Term Limits for Recess Appointments Amendment;
A Congressional Approval of Bureaucratic Regulatory Authority Amendment;
The Creation of a State Appointed Constitutional Review Court Amendment (50 State Judges To Sit As a Federal Nullification Court);
A Reorganization of the Federal Judiciary Amendment;
An Amendment for the Reduction of the Size and Authority of the Federal Government and Enabling Acts;
A Writ of Mandamus Amendment;
Congressional and Judicial Term Limits Amendment;
A Restoration of State Lands from Federal Land Takings and Limitations of Eminent Domain Amendment;
The Creation of a National Tribal Congress for Indigenous Peoples Amendment (renegotiation of treaties and integration of tribal and commercial law).
A Limitations of Federal Intelligence and Police Authority, Surveillance and Records Retention Amendment;
A Renunciation of the National Debt Amendment;
An Abolition of the FED Amendment;
Prohibition of Federal Largess to Individuals Amendment;
Restrictions on Earmarks, Single Subject Congressional Act Amendment;
An Abolition of Government Employee Unions Amendment.
(Importantly, this is not an exclusive list. But these are subjects that our State legislators should be debating right now. Nullification, nor just a constitutional amendment or two cannot correct 200+ years of housekeeping that need to be done.)