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Nullification – When Government Becomes Something Else?

Recent Supreme Court decisions have once again caused the reemergence of a longstanding conflict in search of a direct answer: What form of recourse is there or process in place to counter the actions believed to be Unconstitutional? In practical terms there isn’t a single one and the truth is, I believe it the best possible design.

There have been attempts to expand the options and one of the earliest was proffered by Thomas Jefferson and James Madison. Based on the assertion that States could deem any Federal Law (which, theoretically could include a Decision of a Federal Court being an extension of the Federal Gov’t) unconstitutional if outside the delegated authority prescribed by the Constitution. The idea was known as Nullification.

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