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View Diary: Gun control foes resurrect Confederate Constitution (66 comments)

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  •  The Virginia and Kentucky Resolves (9+ / 0-)

    seeking to nullify the Alien and Sedition Acts (which themselves really were unconstitutional) never faced a court test, but did provide the underpinnings for the 19th century states' rights movement.

    That states' right movement postulated not only a right to nullify but also to secede.

    Scalia is right that the Civil War settled the question of secession.  Nullification was settled even earlier, when the Supreme Court in a series of cases beginning in 1819 rejected the constitutional theory on which it was based.  The Nullification Crisis of the late 1820s, when Andrew Jackson threatened to send federal troops to South Carolina to overthrow that state's nullification of a federal tariff, further established the principle that nullification has no place in a functioning federal system.

    When the union's inspiration /Through the workers' blood shall run /There can be no power greater /Anywhere beneath the sun /Solidarity Forever!

    by litho on Sun Jan 27, 2013 at 01:45:15 PM PST

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