Nullification is the “rightful remedy” and is a much more constitutionally sound method of checking federal usurpation. It is quicker and less complicated than an attempt to have the law repealed by Congress or overturned by a future federal bench more respectful of the Constitution. That said, there is no reason that concerned citizens should not use every weapon in the constitutional arsenal, including working to convince Congress to repeal this offensive act.
The Supreme Court’s ratification of ObamaCare’s individual mandate can be seen as a mandate of another sort. Americans should now turn their attention to removing from office every congressman who voted in favor of the “law” and electing those candidates for state legislature who will commit themselves to boldly asserting the sovereignty of the states and forcing the raging bull of the federal government back within the small and well-defined corral built by our Founding Fathers.
As the multitude of unconstitutional mandates contained within the ObamaCare behemoth begin breathing down the necks of Americans, thankfully, there are a few state legislators proposing bills to protect citizens from being subjected to the healthcare law.
Soon, the South Carolina state senate will consider a bill aimed at preventing enforcement of ObamaCare within its borders.
The growth of this movement is not only encouraging, but evidence of a increase in state assemblies of the proper role of states in checking the federal government.
ObamaCare and all future and former unconstitutional acts of Congress can (and must!) be nullified by state legislators and governors. The power to negate any act of the federal government that exceeds the constitutional scope of its power is innate in the states. All observers recognize that the creature has grown so large that it threatens to consume the creator.
If nullification is to be successfully deployed and defended, states lawmakers must remember that the Constitution is a creature of the states and that the federal government was given very few and very limited powers over objects of national importance. Any act of Congress, the courts, or the president that exceeds that small scope is null, void, and of no legal effect. No exceptions. James Madison said it best in The Federalist, No. 45: “The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite.” ... Finish reading>