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Idaho to invoke Nullification to spike Obamacare - will other states follow
The link leads to the news source that shall not be named.

In short, it looks like some folks back in the 18th century wanted to make it clear that states were the actual supreme authority in the union, not the federal government. A couple of troublemakers named James Madison and Thomas Jefferson declared this in 1788 and again in 1799 in something called the Kentucky and Virginia Resolutions. This was done in response to the tyrranical Alien and Sedition Acts when John Adams tried to stifle any criticism of the federal government.

SCOTUS took up the 1954 case of Brown v. Board of Education, and in 1958, SCOTUS decided that the federal government was the supreme power, which had a side effect of suggesting that those two troublemakers didn't know what they were talking about. This is based on Article 6 of The Constitution.

So who do you trust more? Those who actually started this great experiment (who are senile, irrelevant, dead, and couldn't possibly have known what they were talking about because they were over 100 years old), or a SCOTUS from an era when a lot of our troubles germinated, are not quite as dead, and were far more enlightened because they started aligning with some socialist ideal, and were less than 100 years old and spoke with a less educated, practical, relevant, and experienced dialect, one that we more readily recognize today? A SCOTUS that was getting into the politics of corruption in a way that the founding fathers certainly wouldn't have wished upon their people, and did their best to shield them from and arm them against across the generations?

Of course, the concept of nullification has one little self-immolating problem: For some strange reason, people both in government and in general, seem to think it needs the blessing of the SCOTUS. Go figure.

In any case, we've had nullification pop up several times in our history. And the feds have sent troops out to quash this kind of thing, but it has only been one state at a time, and I doubt that the military could be used against the states these days, and I doubt that the members of the military would go along with it, but I am no expert on what can or cannot be done legally here. But one difference between these previous attempts at nullification and now is that if no less than 26 states decided at the same time to just turn their backs on the feds, it would certainly gum up the works. Even five or six states would be more than any reasonable regime would want to contemplate I would think.

Personally, I'm not one to want to see a group of sovereign states follow some group of lemming state off the cliff in the name of those lemmings blindly obeying the decisions of a SCOTUS whose judges often toss out The Consitution and legislate from the bench according to some socialist ideal. In my opinion, judges behaving in this manner do not comport with Article 6, which states:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

To me, any decisions that are handed down by judges not acting in pursuance of The Constitution (such as any rulings the SCOTUS comes up with in support of Obamacare) are therefore null and void. Too many sovereign states are acting against Obamacare. Something is wrong.

And I don't care if the SCOTUS makes the self-serving claim to be acting in Pursuance of The Constitution, they are obviously wrong.

The Constitution was written by the founding fathers to be accessible to the common citizen for a reason, and Obamacare is a textbook case of this.

Harumph.
Posted by: gorb 2011-01-22
http://www.rantburg.com/poparticle.php?ID=314434