Ending Executive Amnesty: The State's Nullification Option

National Review ^ | 12/272014 | Josh Gelernter

[offwhite]

"since it is stated clearly, several times, that nullification would not apply to legitimately adopted laws (passed by Congress according to Constitutional Rules.)"

It did? Where? Because what I read was "Jefferson and Madison’s idea was for states to declare the Alien and Sedition Acts null and void."

The Alien and Sedition Acts was a law passed by Congress and signed by the President.

Look. I'll tell you what. Why don't you read the article first, then get back to me.

[publius911]

I stand corrected, although, at my age, I easily can dismiss my tenuous hold on the "new reality" on simple advanced age.

But I adamantly refuse to "unlearn" universal truths...

[publius911]

Look. I'll tell you what. Why don't you read the article first, then get back to me.

Once is enough for me. I based my comments on the poster's simple, clear statement :

"So if a Southern state determined that the Civil Rights Act exceeded federal authority, it could continue to discriminate."

Which, if memory serves me right, was a legitimately passed, constitutionally sound law passed by congress.

Thus the writer's stated hypothetical continues to be puerile and absurd; as is your advice, which I continue to ignore.

[Liz]

Go for it....and pass the word..... far and wide.

[ballplayer]

So how could Kentucky and Virginia declare the Alien & Sedition acts Null and Void if it had been passed by Congress?
Might have a better chance with the immigration business because that is just a memoranda sent by Jeh Johnson

[ballplayer]

The courts were set up by the Constitution,the compact of the STATES set up the Constitution,therefore the Sates have more authority than the courts to determine the Constitutionality of a law.
Again this immigration business is not a law.not an executive order but a memoranda from Jeh Johnson

[PGalt]

Thanks for the ping. Interesting article and thread.

[offwhite]

"Which, if memory serves me right, was a legitimately passed, constitutionally sound law passed by congress."

Yes it was. As was the Alien and Sedition Acts.

Yet the author argues that "it’s the states that have the final say on any law’s constitutionality. If a state determines that a law exceeds the terms of the compact to which it agreed, it has the right to nullify that law within its own borders."

If you accept that argument, then it follows that individual states could nullify the Civil Rights Act. That was all I was saying. I said nothing about Executive Orders.

[offwhite]

"therefore the Sates have more authority than the courts to determine the Constitutionality of a law."

I thought Marbury v Madison (1803) concluded just the opposite.

[Vaduz]

For being a lawyer he’s confused he makes his own laws as he wants no wonder he never went into business he would have been broke the first year all he has is a mouth and no brains.

[Jacquerie]

Thanks!

[Terry L Smith]

I doubt Piyush ‘Bobby’ Jindal would read my letter, since he is so busy galavanting about the nation, like obama, to do his elected job!