U.S. News & World Report
December 17, 2012
COMMENT: This article gives the impression that the federal government is a superior entity, when the U.S. was set up with balanced powers, while the 9th and 10th Amendments specifically empower the individual and the several states to negate, indeed to nullify, unconstitutional laws. Nullification is not an “archaic legal theory” but the law of the land under the Constitution.
Nullification is yet again picking up steam in Dixie.
Pursuing an archaic legal theory that punctuated pre-Civil War disputes between the federal government and states, South Carolina state Rep. Bill Chumley last week pre-filed a bill for the upcoming legislative session that would criminalize implementation of President Barack Obama’s 2010 healthcare reform law.
If his bill becomes law, any state official caught enforcing the healthcare law would be guilty of a misdemeanor and “must be fined not more than one thousand dollars or imprisoned not more than two years, or both.”
UCLA law professor Eugene Volokh, however, told U.S. News the proposed law “would be clearly un-enforceable, because the federal law – upheld by the Supreme Court – trumps state law.”