Nullification is an 18th century doctrine that is purported to give states the ultimate right in constitutional matters. This doctrine was created by none other than Thomas Jefferson. This doctrine held that states have the right to declare and null and void ANY federal law that they deem unconstitutional. This doctrine is based on the theory that the Union is a voluntary group of states and that the federal government has no right to exercise powers NOT assigned or given to it by the Constitution.
Supremacy Clause
The Supremacy Clause is part of the Constitution and it asserts and establishes the Constitution as the "Supreme Law of the Land." It mandates that all courts (Federal and State) uphold the powers stated in the Constitution - even if there are conflicts with these powers.
Why Are These Things Important Now?
They are becoming important once again because nearly a dozen states are using the Nullification Doctrine as their arguments in abolishing ObamaCare. These states are introducing measures that employ Jefferson's doctrine to squelch Big Government's control over the states. The states that are going in this direction are:
- Idaho
- Alabama
- Kansas
- Maine
- Missouri
- Montana
- Oregon
- Nebraska
- Texas
- Wyoming
Several legal scholars believe that these measures are unconstitutional because the US Constitution deems federal laws as the "supreme law of the land." They claim that states cannot pick and choose which laws to follow and which not to follow. Nullification has been attempted in the past but came to no avail.
However, nullification is currently being done in California where the state is ignoring the federal law regarding marajuana. Currently, the federal government is NOT enforcing the federal law and the state is doing as they please selling and taxing it.
Clearly, if these actions continue they will have to have a decision rendered in the Supreme Court. Only time will tell if state's rights are important or not.
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