Nullification is the idea that a State government, within its own jurisdiction and in pursuit of its own sovereignty, can ‘nullify’ a federal law which the government of the State believes to be unconstitutional. Interposition is a related idea that the State can interpose itself between a bad federal law and a State citizen by declaring the law unconstitutional but not taking any further action other than the application of moral pressure to other states and federal bodies. Neither idea is viable as a legal recourse, and both have been rejected by the Supreme Court and the evidence of constitutional scholars at almost every point they have been mooted. They have persisted as ideas because of a series of attempts to employ them, many associated with racist and specious arguments wielded against native Americans and minorities, but also out of partisan fervour. The ideas emerged from the Quasi-War of 1798-1800 and the fears of the Democratic-Republican party in the 17...
This is a collection of personal and largely unedited observations covering the years from 2006 to now; I assert my copyright but am fine with links and footnotes. Some posts are obviously much more researched than others, and any errors are wholly mine except where I have innocently disseminated or linked to other bloggers or commentators.