In response to a recent article in the National Review by Allen C. Guelzo, a nullification denier and history professor at Gettysburg College, and two responding letters to the Editor,1 one “Celticreeler” posted an astute rebuttal you can read here.
The issue in the National Review article and letters is this: Guelzo denies that States have any right to nullify unconstitutional laws made by Congress. He looks at Art. VI, clause 2, U.S. Constitution (the “supremacy clause”) which reads,
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land… [emphasis added]and concludes that any law made by Congress is the “supreme” law of the land; and everyone must obey, unless & until five (5) judges on the supreme Court say they don’t have to. He claims that only judges have authority to nullify unconstitutional acts of Congress.
More @ Publius Huldah
The People have final say. Jury Nullification!
ReplyDelete!!!
DeleteThe original intent was the People are the most powerful, superior to all others, institution recognized by the Constitution. The judiciary is the least powerful, the weakest. That has been flipped to where the judiciary is on top. Neither the executive nor the legislative should be looked at to right this boat. It is to The People who are to do the work. There is our problem because too people do not know their ass from a hole in the ground nor do they care. However, because so many of the people can be led like sheep, all we need is to lead them to knowledge and truth. It is to each of us to keep hammering out the truth.
ReplyDeleteRick
Yes and hammer away.
Delete