A oppressed nation turns its lonely eyes to the forgotten ConstitutionIdaho, the first state to sue the federal government over the health care overhaul, has announced plans to resort to an obscure 18th century legal remedy that recognizes a state’s right to nullify any federal law that the state has deemed unconstitutional.(from hotair.com)
The doctrine, known as nullification, has its roots in the brand of governance practiced by the nation’s founding fathers. It was used as early as 1799 by then-law professor Thomas Jefferson, who wrote in a response to federal laws passed amid an undeclared naval war against France thatnullification, by those sovereignties, of all unauthorized acts … is the rightful remedy.As a legal theory, nullification is grounded in the assumption that states, and not the U.S. Supreme Court, are the ultimate arbiter in cases where Congress and the president have “run amok.”
In Idaho, use of the doctrine to invalidate the health care reform bill is being championed by both state Sen. Monty Pearce and Gov. C.L. “Butch” Otter speech, who recently told Idaho residents, “we are actively exploring all our options — including nullification.” Pearce plans to introduce a nullification bill in the state legislature early next week.
Idaho is not the only state considering nullification as a remedy. Six others, including Maine, Montana, Oregon, Nebraska, Texas and Wyoming, are also considering bills that would in essence nullify the president’s signature on the reform law.
