View Full Version : Are We Seeing the Next Nullification Crisis ?
06-14-2010, 9:24 PM
This occurred to me tonight. Are we seeing a 21st century version of the Nullification Crisis of 1832, where South Carolina nullified any federal law inside its borders that it deemed unconstitutional?
I know wiki isn't considered reliable, but I did find this information. Perhaps our resident attorneys might want to chime in.
What I'm speaking about specifically, is the states that are protecting the production of firearms manufactured and sold in their states.
06-14-2010, 9:33 PM
06-15-2010, 8:09 AM
One challenges standing, the other was an overt rejection of the Constitution in favor of Free Trade.
It would seem that there is some similarity of motivation between these two instances of "rebellion" against Federal taxation of commerce. I think the main difference is that states like Montana are drawing the line constitutionally at the interference of the Federal government in intrastate commerce, whereas South Carolina overtly challenged the Constitutional authority of Congress to regulate interstate (international) commerce.
One thing to keep in mind, during this time, the wealthy landowners in the south likely had more in common culturally with the English than they did with their northern neighbors. Any restriction in commerce between the southern states and Britain was seen as meddling in their way of life, their very identity. Ceding any of the freedoms (especially in trade) that were hard won in the Revolution was anathema to the wealthy landowners of the south.
It is interesting too, that both rejections of Federal authority happened/are happening during harsh economic times. Mess with a man's ability to make a living...
06-15-2010, 2:59 PM
I wonder how many of the rebellious state will fold like a deck of cards if the feds withhold funding for federal projects within their borders (ala Regan and the drinking age back in the 80s)
06-15-2010, 5:17 PM
I wonder how many of the rebellious state will fold like a deck of cards if the feds withhold funding for federal projects within their borders
All of them. Their Congressional delegations don't even bother to bring up such issues.
(ala Regan and the drinking age back in the 80s)
06-15-2010, 5:22 PM
I wonder how many of the rebellious state will fold like a deck of cards if the feds withhold funding for federal projects within their borders (ala Regan and the drinking age back in the 80s)Which was despicable on his part and really contradicting every principle he was supposed to be standing for. Similarly unforgivable was signing the Mulford Act---what in the heck happened, did the real man temporarily vanish or taken over by some kind of Mr. Hyde?
It is indeed similar to the Nullification Crisis, where a small knit cabal of a few big population places put their political objectives over the will of everyone else and feel entitled to rule everyone with total disregard to what actually matters to the others.
06-15-2010, 5:42 PM
hmm shoudnt the states also claim that any distilled alcohol made in and for use only in the state is untaxable as well?
06-15-2010, 6:10 PM
hmm shoudnt the states also claim that any distilled alcohol made in and for use only in the state is untaxable as well?See Wickard v. Filburn.
06-15-2010, 8:38 PM
Though the Commerce Clause shouldn't reach to this sort of state regulation, it is going to and nothing short of a new SCOTUS all the way across or an Amendment to the Federal Constitution will change that.
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