Nullification Is Lawlessness? Not According to the Founders

Anyone who has the audacity to bring up nullification in a debate with friends and foes alike has probably heard this before. “Nullification is lawlessness!” That is not what the founding generation thought. Not even close. In fact, their entire opposition to unconstitutional acts by the Parliament (and even colonial governments) rested on the very…

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Putting the 10th into Effect: Interview on the Vin Armani Show

Earlier today, I was a guest on the Vin Armani show. We discussed some general, introductory principles – and better yet – explored ways to put them into practice. Vin is far more in the an-cap camp than he is in the constitution camp, but I think this conversation is a great example of how…

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Five Points on the 14th Amendment and the Incorporation Doctrine

the 14th Amendment did not overturn or override the implicit principle, or the explicit verbiage codified in the 10th Amendment, that all powers that the states did not delegate to the federal government were reserved to the states or the people.

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I Was Wrong on The Every Student Succeeds Act

by Neal McCluskey, CATO Institute I was wrong. When the Every Student Succeeds Act passed in late 2015, I identified two ambiguities I thought were most ripe for exploitation to keep the federal boot hovering over public schools: the requirement that states have “challenging” curricular standards and that standardized tests be given “much greater” weight in accountability systems…

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Fourth of July Fireworks and Nullification

This past Fourth of July provided a perfect example of the power of nullification in effect. The city where I live has a very strict ordinance banning most fireworks. As the police here in Lexington, Ky., explain it, “If it goes up or blows up, it’s illegal.” Well, I’ll let you in on a little…

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Dead Letters without Enforcement

The supposition that constitutionalists believe that the federal Constitution magically limits/inhibits government simply through words on parchment is nothing but a caricature and straw-man. Almost no one believes this, or argues in such a way. All contracts, written constitutions or not, are only as good as the enforcement of their stipulations and the continuance of…

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