The Phaserl


A Supreme Court Justice’s Affirmation of Nullification

by Mike Maharrey,

Those who oppose nullification argue that the Supreme Court never once upheld the legitimacy of the principle, and on several occasions, rejected it.


This should come as no surprise, considering asking it to affirm nullification means asking it to renounce its own self-declared absolute supremacy in matters of constitutional interpretation.  People simply don’t pull the rug out from under themselves and willingly relinquish power.

This obvious truth explains why Thomas Jefferson emphatically rejected the idea of federal judicial supremacy in determining the extent of federal power in the Kentucky Resolutions of 1798.

The government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers.

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