by Mike Maharrey, TenthAmendmentCenter.com:
A commenter on a recent article taking apart Heritage Foundation objections to nullification presented by Dr. Matthew Spalding presented yet another attack on the doctrine by another prominent conservative scholar.
The reader said she watched a video by Edward J. Erler, a professor of political science at California State University, San Bernardino, and a senior fellow of the Claremont Institute. The video featured a talk on the Second Amendment presented by Hillsdale College’s Kirby Center. After watching the video, the reader sent Erler an email asking about his views on nullification.
They didn’t prove particularly favorable.
The supremacy clause makes the Constitution the supreme law of the land as well as all laws and treaties made in pursuance of the Constitution. Who judges when the laws are constitutional or not? The tenth amendment “supporters” say the states because the states ratified the Constitution. This is not true: the Preamble says “We the people do establish and ordain this Constitution” not we the people of the States.
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