Nullification in a Nutshell
by Patrick Krey
The “Principles of 98,” as they came to be known, are rarely discussed in modern history lectures even though these are integral to understanding how our federal Constitution was intended to function. These are the principles of state interposition or nullification that assert that if the federal government fails to check itself through one of its three branches, then it would be up to the states to rein in the feds. The main basis for the theory is that the states created the national government when they joined the compact and not the other way around. The states therefore retained the power to judge for themselves the constitutionality of federal laws and reserved the right to refuse to enforce them if they went beyond their constitutionally delegated powers. As a matter of fact, nullification was used even before the implementation of the Constitution when the Colonists nullified laws made by the British Monarchy. The concept of a state nullifying a federal law simply means that a state refuses to comply with the law or permit its enforcement within state boundaries. The man widely regarded as the “Father of the Constitution,” James Madison, described just how a federal system would work in his essay Federalist No. 51. Madison, encouraging his fellow countrymen to ratify the newly drafted Constitution, described a system of horizontal as well as vertical checks and balances between the federal and state governments – a system known as federalism. “Hence, a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.” February 19, 2010 Patrick D. Krey, Esq. is a freelance writer who works in the corporate world and has an M.B.A., J.D. (law degree) and an L.L.M. (masters of law) from the University of Buffalo. Patrick is also a general practice Attorney admitted to the bar in New York State. His writings focus on national issues and have been published online at JBS.org, PrisonPlanet.com, Antiwar.com, Infowars.com, The Tenth Amendment Center and in The New American bi-weekly print magazine. Copyright © 2010 The New American
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