Nullification: How to Resist Federal Tyranny in the 21st Century by Thomas E. Woods Jr.My rating: 5 of 5 stars
I gave this book 5/5 stars not for the writing, but for the book's concept: a state's ability to declare an unconstitutional federal law null and void.
Woods cites as precedent the Kentucky Resolutions of 1798 and the Virginia Resolutions of 1799. These were issued by the state legislatures in response to President John Adams' Alien and Sedition Acts which, among other things, made it a crime to simply criticize the government.
Anyway, with that stage set, Woods expounds upon the Compact Theory of the Constitution. The United States was created by an agreement of the States, not the general population living in the Colonies. This is an important concept because when the Federal Government passes a law or claims authority and power not granted by the Constitution, who can judge?
Most of us would say the Supreme Court, but how can a branch of the Federal Government objectively rule on actions of the Federal Government? The Supreme Court is comprised of men and women hand-picked by the very people who create and execute the legislation of this country. No matter how much the Supreme Court may claim to be an objective arbiter in such matters, no one can deny that the Federal Government, aided by the Supreme Court, has overstepped its constitutional bounds.
That's where the States come in. Whenever an objective judge cannot be found to decide on matters regarding an agreement (or compact) the decision is left to the compact's original parties. In this case, the States, as the parties who agreed to form a Federal Government and grant it certain, limited powers, are the entities who have the authority to decide whether their creation, the Federal Government, has exceeded its constitutional authority. This is a no-brainer.
Woods does a great job explaining these concepts and answers critics. Read this book to get a better idea of how our Founding Fathers intended our government to work, and why the State Legislatures should redouble their efforts to resist Federal encroachment on powers reserved to the States and to the American people by the Ninth and Tenth Amendments.
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Brent my friend,
ReplyDeleteIt's been a while!I Really appreciated your comment on my blog. I will look into getting those books and I love the idea, and am in complete agreement, that the best philosophies respect agency. That is a really cool way of focusing on whom and what you will support.
Hope all is well with you!
-D