The judiciary has consistently ruled against the nullification doctrine, asserting its unique, judicial right to declare laws unconstitutional. But this executive order isn’t a law. And given its extremely shaky legal footing, it isn’t difficult to imagine a federal bench recognizing the states’ right to disregard federal orders that don’t clearly have the force of law.... It would force the Obama administration to go on offense, suing the states to enforce a law that isn’t a law. And I don’t think that case can be made.There are a couple of the old options that are back on the table in terms of restraining runaway executive power. Once the new Congress is seated, expect to hear about Letters of Marque and Reprisal as an Article I power that the President has no control over whatsoever.
Nullification in 2015?
By Grim on Saturday, December 27, 2014