What can we do if Congress passes a bad law? For example, Congress mandates that billions of dollars be spent on aid programs to the Ukraine, the Middle East, and other troubled areas. Of course, we can protest or refuse to pay part of our taxes. But if you try that, the IRS will come after you. In this week’s column, I’m going to talk about a remedy for such bad laws. States have the power to nullify unconstitutional laws, so they do not apply within that state. If the Alabama legislature, for example, nullified foreign aid, the people of Alabama couldn’t be taxed for this purpose.
What is the evidence that a state can nullify an unconstitutional law? Let’s look at an actual nullification, the Kentucky Resolution of 1799, written by the most libertarian of our founding fathers, Thomas Jefferson: “RESOLVED, That this commonwealth considers the federal union, upon the terms and for the purposes specified in the late compact, as conducive to the liberty and happiness of the several states: That it does now unequivocally declare its attachment to the Union, and to that compact, agreeable to its obvious and real intention, and will be among the last to seek its dissolution: That if those who administer the general government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, annihilation of the state governments, and the erection upon their ruins, of a general consolidated government, will be the inevitable consequence: That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who adminster the government, and not the constitution, would be the measure of their powers: That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy: That this commonwealth does upon the most deliberate reconsideration declare, that the said alien and sedition laws, are in their opinion, palpable violations of the said constitution; and however cheerfully it may be disposed to surrender its opinion to a majority of its sister states in matters of ordinary or doubtful policy; yet, in momentous regulations like the present, which so vitally wound the best rights of the citizen, it would consider a silent acquiescence as highly criminal: That although this commonwealth as a party to the federal compact; will bow to the laws of the Union, yet it does at the same time declare, that it will not now, nor ever hereafter, cease to oppose in a constitutional manner, every attempt from what quarter soever offered, to violate that compact.”
Hellbound and Down 
You must be logged in to post a comment.