Nullification in 2015?

Why not?
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.


E Hines said...

It'd be interesting to see how the Federal government would respond to a State, or especially a region of States, that simply, blandly, refused to follow a Presidential diktat (or Federal law, come to that).

Withhold Federal funds? Probably, but that, in the long run, would work to the benefit of the States, by getting them off their addiction.

At gunpoint? Probably not.

Win, win.

Eric Hines

Ymar Sakar said...

The Leftist alliance is not the Presidency of the United States. The Left's true power was already manifested, before they ever obtained such a slot. Do not underestimate them, or else you may be in for a surprise.