Via
Publius Huldah
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.