Charles J. Reid, Jr., a professor of law at the University of St. Thomas, believes states do not have the constitutional right to pass laws nullifying federal gun control legislation.
Reid, writing for the leftist website The Huffington Post, argues that the
…bond that unites Confederate ideology and the Second Amendment is the idea of “nullification.” This is the belief that the states are the ultimate arbiters of what is or is not constitutional and that the states are thus always free to ignore federal law. States and not the courts, on this warped view of the Constitution, judge what is or is not constitutional.
He then links the “Confederate ideology” of nullification to John C. Calhoun, a former vice president of the United States and the author of Disquisition on Government and Discourse on the Government and Constitution of the United States.
Calhoun, one of America’s most brilliant constitutional theorists, is routinely denounced by the left as an apologist for slavery. His arguments in favor of nullification, however, center primarily on the “Tariff of Abominations” leveled by the North against the South and were not designed as a defense of slavery as many on the left falsely claim today.
Reid ignores the fact both Thomas Jefferson and James Madison supported the theories of nullification and the ideal was included in the Kentucky and Virginia Resolutions in 1798. The resolutions unmistakably call for aggressive state action to stop the federal government from exercising undelegated powers not mentioned in the Constitution and underscored by the Tenth Amendment.
Calhoun, as a South Carolina senator, based his concept of nullification on the Kentucky and Virginia Resolutions. Although Madison rejected what has become known as Calhounism, he asserted the “right of nullification… is the natural right, which all admit to be a remedy against insupportable oppression.”
Jefferson asserted the right of nullification more vigorously than Madison. In his draft of The Kentucky Resolutions of 1798, he wrote
…where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact … to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them…
Historian and author Thomas Woods explains how nullification and secession are distorted by the “thought controllers” on the left:
Reid claims nullification “was a doctrine finally repudiated by the Civil War and by the ratification of the Fourteenth Amendment in 1868.”
The left loves the Fourteenth Amendment because it contradicts the rest of the Constitution by stating the federal government has the right to overrule the states and assert its centralized authority over them. The amendment has figured prominently in cases dealing with race relations, abortion, gender discrimination and will likely be used to argue against opposition by the states to gun control legislation.
As Jacob G. Hornberger notes, the Fourteenth Amendment contradicts the Tenth Amendment. He writes that “the operative effect of the Fourteenth Amendment on the Tenth Amendment is that while the states retain reserved powers under the Tenth Amendment, any exercise of those powers that abridge fundamental rights and liberties is prohibited under the Fourteenth Amendment.”
New Push to Restrict the Second Amendment
Democrat senators Joe Manchin and Republican Pat Toomey will soon exploit the Charleston shooting to renew their push for draconian gun legislation.
“If the two senators team up to tackle any facet of gun control, it would mark a significant shift in the political debate nearly a week after nine people were killed at a Bible study group in downtown Charleston, S.C.,” reports The Washington Post.
Obama believes the United States should follow the lead of Australia.
“When Australia had a mass killing – I think it was in Tasmania – about 25 years ago, it was just so shocking the entire country said ‘well we’re going to completely change our gun laws’, and they did. And it hasn’t happened since,” he said during a podcast interview with Marc Maron.
The left and the corporate media allow Obama to get away with telling such lies. In fact, following the passage of Australia’s gun law, gun murders increased by about 19 percent and armed robberies increased by about 69 percent.