There’s been some buzz lately about states kicking the idea of nullification around. State legislators in Nebraska have been circulating a little tome by Thomas Woods on the subject, and there’s been some news reports of states considering the idea with regards to health care. Before conservatives go trumpeting this idea as some way of saving the republic, let’s keep in mind something: it’s a bad idea that happens to be unconstitutional.
Whenever the idea of nullification comes up we inevitably hear about Thomas Jefferson’s Kentucky Resolution and James Madison’s Virginia Resolution. They were penned in response to the passage of the Alien and Sedition Acts of 1798. The key passages from Jefferson’s resolution is as follows: