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Posts Tagged ‘Virginia Resolutions of 1798’

The James Madison Passage They Keep Buried – LewRockwell

Posted by M. C. on November 18, 2018

https://www.lewrockwell.com/2018/11/thomas-woods/the-two-paragraphs-the-so-called-legal-experts-are-keeping-from-you/

By 

Tom Woods Show

Whitaker has made friendly remarks about nullification. This is not allowed, even though Thomas Jefferson said the states could nullify unconstitutional federal laws.

(No modern critic of the idea ever mentions Jefferson’s name. They’re afraid if we know Jefferson supported it, we peons might get ideas.)

CNN legal analyst Renato Mariotti offered these deep thoughts:

”‘Nullification’ was a legal argument made by Southerners before the Civil War who believed their states could ‘nullify’ federal law. That argument was discredited after their defeat in the Civil War, but it was made again by racists opposing desegregation. And now by Whitaker.”

I document the actual history of nullification in some detail in my book Nullification. Mariotti’s version reads like a third-grade essay, with a dash of Orwell.

On my podcast the other day I smashed Mariotti’s little lecture to smithereens.

In a later Tweet he berated Whitaker for his disparagement of judicial review.

Warned Mariotti: “The government could pass a law imprisoning journalists and no court could review it.”

Well, guess what: the government did pass a law like that, in 1798, and a lot of good the Court did. It was only at the state level that a spirit of resistance could be found.

Even if the Court had reviewed the law, what is the chance a bunch of robed Federalists were going to overturn the Alien and Sedition Acts?

And that, according to James Madison in the Report of 1800, is why we have state nullification: when the three branches of the federal government betray us — yes, even the demigods of the Supreme Court — the states have the final say.

guarantee you did not come across this passage in school, at any level: Read the rest of this entry »

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