Friday, July 9, 2010

Do the States Have the Power of Nullification?

Volokh Conspiracy "In a recently published book, Nullification, author Tom Woods maintains that states have a power to nullify laws that exceed the powers of Congress to enact."...."Political activists should not waste their precious energies on sketchy constitutional theories such as the assertion of a state power to nullify unconstitutional laws that, for better or worse, have long been rejected by the Supreme Court–as Wisconsin’s was in Ableman v. Booth–that five justices certainly would not today support, and that rest on dubious claims about original meaning."

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