My home state of Idaho is ready to nullify the health care act, and it is about time. Nullification is a practice where States declare a law unconstitutional and refuse to follow it. Both Madison and Jefferson thought that states had the duty to do this, and that it was a legitimate part of checks and balances. They wrote of this in the Virgina and Kentucky Resolutions. It hasn't been used formally since that time, but sanctuary cities and marijuana laws can be considered forms of nullification.
A key phrase from the Kentucky Resolutions is "where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy". This refers to powers assumed by the federal government, which were not delegated in Article 1 Section 8 of the Constitution. Key to this language is that the powers belong to the States and are delegated to the federal government. By nullification they are saying that within the sphere of influence of their sovereign State -- the Founders considered the states as sovereign entities that formed a compact to deal with common defense, trade, treaties and a few other things -- the offending act is null. This is the root of the term nullification.
Nullification is a direct challenge by Idaho to the constitutional authority of the federal government to pass this health care bill. Under this concept the federal government has no way to challenge a State's decision. Not all of the Founders agreed with this, but if Madison, the Father of the Constitution, says it works this way then I'm inclined to agree.
It has seemed to me for a time that this is the best and most direct way to tackle the overreach by the federal government. Taking it to the Supreme Court as the lawsuits do is to grant the government the power to set the limits of its powers. That really doesn't make sense in a limited republican form of government. It makes more sense to let the states check the power grabs by the federal government as part of a system of checks and balances.
My hats is off to Idaho and I wish them well.
Elko Mike
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