CFP ^ | 7/2/2012 | Allan Caruba
In 1832, the threat of nullification by States that opposed tariffs on imported goods came close to bringing about a civil war. Thirty years later as cries for the abolition of slavery reached a fever pitch the War Between the States would begin.
Today, in the wake of the Supreme Court decision that found that the Affordable Health Care Act—Obamacare— is constitutional and thereby the law of the land. Republican Governors are lining up to say they will not obey it.
Not only has President Obama and the Democrat Party imposed an enormously unpopular law on the nation, they have initiated a huge constitutional crisis.
Nullification is a constitutional theory that gives an individual state the right to declare null and void any law passed by the United States Congress which the State deems unacceptable and unconstitutional. In a debate in the late 1700s, both James Madison and Thomas Jefferson, in the Virginia and Kentucky Resolutions (1798) came down on the side of nullification if a State concluded that the federal government had overstepped its limits of jurisprudence.
In ruling that Obamacare cannot use the Commerce Clause as its justification, the Supreme Court kicked the Act back to Congress, ruling that it is a tax and that Congress has the right to place such taxes on the citizens of the nation. The Obama administration maintained that Obamacare was not a tax until the case was argued before the Court. It then conceded that it was.
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