By Alan Caruba Tuesday, December 28, 2010
The great issue of our times is the same great issue of the 1830s. The question is whether Congress can pass legislation or the President issue executive orders that are not authorized by or consistent with the Constitution?
The federal government is a republic composed of separate and sovereign republics.
What recourse do the States have individually and in combination when the central government acts in a fashion that is contrary to the limits and enumerated powers of the Constitution?
The answer, other than an appeal to the courts, is nullification. This term is defined as the assertion that States can and should refuse to enforce unconstitutional federal laws.
This is no trifling matter.
In the past two years since the advent of the Obama administration, the federal government has seized control of one sixth of the nation’s economy, asserting control over the provision of healthcare.
It seized control of General Motors and Chrysler auto manufacturers, arbitrarily casting aside the rightful expectations of their bondholders and other creditors.
It has imposed absurd and invasive demands on air travelers.
It is considering a United Nations treaty that would render the Second Amendment null and void.
It has sued Arizona for enacting an immigration law that mirrors its own.
It is attempting through the FCC to assert control over the Internet.
In the 1860s the issue of state’s rights led to the Civil War.
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